Suspension of Standing Orders: Motion.

Minister of State at the Department of the Taoiseach (Mr. Dempsey)

I move:

That the Standing Orders of Dáil Éireann relative to public business be suspended today pursuant to Standing Order 143 for the particular purpose of discussing a motion to request a person of judicial or senior legal status to inquire on behalf of the House into all the circumstances surrounding the Fr. Brendan Smyth case and to give that person the necessary powers to summon all persons relevant to the inquiry and to report back to the House as a matter of urgency; and that the following arrangements shall apply to the debate: (1) that the Dáil shall sit later than 8.30 p.m. tonight; (2) that statements of the Taoiseach, Tánaiste, the Leader of the Fine Gael Party, the Leader of the Labour Party, the Leader of the Progressive Democrats Party and the Leader of the Democratic Left Party shall not exceed 30 minutes in each case, statements from other Members shall not exceed 20 minutes and that the proceedings shall be brought to a conclusion not later than 10.30 p.m. and the Dáil shall adjourn at 10.30 p.m. tonight.

Mr. E. Kenny

I wish to move an amendment to the motion in the name of the Government Whip as follows:

(1) To delete all words after "Standing Order 143" and substitute the following:

for the particular purposes of hearing statements and the answering of Members' questions to the Taoiseach and to each Minister involved in meetings of Ministers on 11, 13 and 14 November 1994 on the circumstances surrounding:

(a) the appointment of the President of the High Court on Friday, 11 November 1994;

(b) the request on Sunday, 13 November 1994 from the Taoiseach and the Minister for Justice to the Attorney General to re-examine all details of the Brendan Smyth case;

(c) the alleged request from the Taoiseach to the then President of the High Court to resign on Monday, 14 November 1994;

(d) the draft reply and covering letter provided to the Taoiseach by the Attorney General in advance of the Dáil debate on Tuesday, 15 November 1994 on the issue of the prior application of section 50 of the Extradition (Amendment) Act, 1987, and the identification of all persons involved in or approving the draft reply and covering letter; and

(e) the identification of all those involved in the preparation of the Taoiseach's Dáil speech for Tuesday, 15 November 1994, and

(2) That the said proceedings shall be brought to a conclusion at 10.30 p.m. tonight and that the following arrangements shall apply:

(a) the Dáil shall sit later than 8.30 p.m. tonight and the hour at which business is to be interrupted shall be 10.30 p.m.;

(b) the statement of the Taoiseach, Tánaiste and the Leaders of the Fine Gael Party, the Labour Party, the Progressive Democrats Party and the Democratic Left Party shall not exceed 30 minutes in each case;

(3) At the conclusion of the statements, the matters referred to at paragraph 1 shall be referred to the Select Committee on Legislation and Security for the purpose of questioning all persons the committee deems appropriate. The committee shall meet at 10.30 a.m. on Wednesday, 7 December and shall report to Dáil Éireann on Thursday, 8 December for as long as is necessary; and

(4) At the conclusion of business, the Dáil shall adjourn until 10.30 a.m. on Thursday next.

An Ceann Comhairle

The Chair would be grateful if the Deputy would let me have a copy of his proposal. The House will have heard the proposition from the Minister of State at the Department of the Taoiseach, Deputy Dempsey, and the proposal in the names of Deputy Enda Kenny and the other Whips — Deputies O'Donnell and Rabbitte — by way of an amendment. I am now putting the amendment.

Amendment put.

The Dáil divided: Tá, 91; Níl, 66.

Tá

Ahearn, Theresa.
Allen, Bernard.
Barrett, Seán.
Bell, Michael.
Bhamjee, Moosajee.
Boylan, Andrew.
Bradford, Paul.
Bhreathnach, Niamh.
Bree, Declan.
Broughan, Tommy.
Browne, John (Carlow-Kilkenny).
Bruton, John.
Bruton, Richard.
Burke, Liam.
Burton, Joan.
Byrne, Eric.
Carey, Donal.
Connaughton, Paul.
Connor, John.
Costello, Joe.
Crawford, Seymour.
Creed, Michael.
Crowley, Frank.
Currie, Austin.
Deasy, Austin.
Deenihan, Jimmy.
De Rossa, Proinsias.
Doyle, Avril.
Dukes, Alan M.
Durkan, Bernard J.
Ferris, Michael.
Finucane, Michael.
Fitzgerald, Brian.
Fitzgerald, Eithne.
Fitzgerald, Frances.
Flaherty, Mary.
Flanagan, Charles.
Foxe, Tom.
Quinn, Ruairí.
Rabbitte, Pat.
Ring, Michael.
Ryan, John.
Ryan, Seán.
Sargent, Trevor.
Shatter, Alan.
Sheehan, P.J.
Gallagher, Pat.
Gilmore, Eamon.
Gregory, Tony.
Harney, Mary.
Higgins, Jim.
Higgins, Michael D.
Hogan, Philip.
Howlin, Brendan.
Kavanagh, Liam.
Kenny, Enda.
Kenny, Seán.
Keogh, Helen.
Lowry, Michael.
Lynch, Kathleen.
McCormack, Pádraic.
McDowell, Derek.
McDowell, Michael.
McGahon, Brendan.
McGinley, Dinny.
McGrath, Paul.
McManus, Liz.
Mitchell, Gay.
Mitchell, Jim.
Molloy, Robert.
Moynihan-Cronin, Breeda.
Mulvihill, John.
Nealon, Ted.
Noonan, Michael.
(Limerick East).
O'Donnell, Liz.
O'Keeffe, Jim.
O'Malley, Desmond J.
O'Shea, Brian.
O'Sullivan, Toddy.
Owen, Nora.
Pattison, Séamus.
Penrose, William.
Quill, Máirín.
Shortall, Róisín.
Spring, Dick.
Stagg, Emmet.
Taylor, Mervyn.
Timmins, Godfrey.
Upton, Pat.
Walsh, Eamon.
Yates, Ivan.

Níl

Ahern, Bertie.
Ahern, Dermot.
Ahern, Michael.
Ahern, Noel.
Andrews, David.
Aylward, Liam.
Brennan, Matt.
Brennan, Séamus.
Briscoe, Ben.
Browne, John. (Wexford)
Burke, Raphael P.
Byrne, Hugh.
Callely, Ivor.
Collins, Gerard.
Connolly, Ger.
Coughlan, Mary.
Cowen, Brian.
Cullen, Martin.
Davern, Noel.
Dempsey, Noel.
de Valera, Síle.
Doherty, Seán.
Ellis, John.
Fitzgerald, Liam.
Flood, Chris.
Foley, Denis.
Gallagher, Pat the Cope.
Geoghegan-Quinn, Máire.
Haughey, Seán.
Hilliard, Colm M.
Hughes, Séamus.
Hyland, Liam.
Jacob, Joe.
Kenneally, Brendan.
Killeen, Tony.
Kirk, Séamus.
Kitt, Michael P.
Kitt, Tom.
Lawlor, Liam.
Leonard, Jimmy.
Martin, Micheál.
McCreevy, Charlie.
McDaid, James.
Moffatt, Tom.
Morley, P.J.
Moynihan, Donal.
Nolan, M.J.
Noonan, Michael.
(Limerick West).
Ó Cuív, Éamon.
O'Dea, Willie.
O'Donoghue, John.
O'Hanlon, Rory.
O'Keeffe, Batt.
O'Keeffe, Ned.
O'Leary, John.
O'Rourke, Mary.
Power, Seán.
Reynolds, Albert.
Ryan, Eoin.
Smith, Brendan.
Smith, Michael.
Treacy, Noel.
Wallace, Dan.
Wallace, Mary.
Walsh, Joe.
Woods, Michael.

Tellers: Tá, Deputies E. Kenny and Ferris; Níl, Deputies Dempsey and Power.

Amendment declared carried.

Motion, as amended, put and declared carried.

Mr. Rabbitte

It is the intention of the Whips that both the former and the present Attorneys General will be requested to present themselves in the House when it is sitting as the Select Committee on Legislation and Security. I trust the Chairman of the committee will make arrangements to have both gentlemen invited.

An Ceann Comhairle

The Chair will not involve himself in matters appertaining to committees of the House.

Dáil Éireann díospóireacht - Tuesday, 6 Dec 1994