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Seanad Éireann díospóireacht -
Wednesday, 27 Jan 1971

Vol. 69 No. 5

Local Government Services (Corporate Bodies) Bill, 1971: First Stage.

Leave granted to introduce a Bill entitled an Act to make provision for the establishment of bodies to provide services for the Minister for Local Government, local authorities and certain other bodies.—(Tomás Ó Maoláin.)

If the House agrees, I should like to say that this Bill is regarded as rather urgent and is desired by a number of people. With the agreement of the House I should like to take the Second Stage not later than 7.30 p.m. today. The Bill will be circulated if the House agrees and Members will have an opportunity of studying it between this and teatime.

Senator Ó Maoláin has mentioned that this Bill is rather urgent. It has been the practice in the Seanad, as far as I know, to endeavour to facilitate the Government in matters of urgency. We have got to be careful with regard to precedence. I would regard it as completely unusual and against precedent that any House of the Oireachtas should be required to take the First and Second Stages of the Bill on the same day. The Leader of the House has suggested that this be taken not later than 7.30 p.m. I take it that he meant not earlier than 7.30 p.m. On the basis of not taking it any earlier than 7.30, I think we would preserve our position to some extent as regards the question of precedent and in any event I should like to make it clear that, while we would be disposed to agree to take the Bill not earlier than 7.30, in doing so we do not wish in any way to be regarded as establishing a precedent that First and Second Readings of a Bill will be taken on the same day.

I should like to support Senator O'Higgins on this particular point which he has raised here, and also his initial statement that the Seanad will be seen to be acting as a competent House of the Oireachtas. Unfortunately there is still inclined to be in some people's minds the idea that things can be forced through the Seanad at any Stage in any way.

The Leader of the House says that a certain Bill before us is urgent and needs to go through. We are not here to put obstacles in his way. We are here to see that the Bill before us is properly discussed and properly analysed. Those threats that have been thrown at the Seanad could continue to be thrown at the Seanad if we allowed, without some objection, two Stages like the First and Second Stage of a Bill to be taken immediately one after the other.

I should like that to be emphasised as Senator O'Higgins has emphasised it. We are prepared to accept the Second Stage of this Bill not earlier than 7.30. Senator O'Higgins emphasised that this is in no way to be taken as a precedent on our part that we are acceding to this request because we feel that it is an easy way out. We are acceding to this request because the Leader of the House has impressed on us the urgency behind this Bill and the urgency with which the Government look on the passing of this Bill. That is the reason why we are acceding to this request. It would be a very bad precedent to take Stages like the First and Second Stages of a Bill, one succeeding another immediately, at any time in this or the other House and we are agreeing to take this Bill not earlier than 7.30 on the understanding that we will not set a precedent and also on a principle which we have tried up to this to bring into this House.

I am at a loss to know what this discussion and this query are all about. We have here item No. 1, Local Government Services (Corporate Bodies) Bill, 1971—First Stage. I do not keep a record of when I receive a Bill. I have also here a Bill, Local Government Services (Corporate Bodies) Bill, 1970. Is there any difference between the 1970 and the 1971 version which we get here? Is it a printer's error? Where does the confusion arise? Are they two Separate Bills? It is here for inspection and I did not get it printed in any printing office.

If I may deal with that specific point, the Bill that will be circulated in due course after the First Stage has been passed will be a Seanad Bill. It is a separate document from any that may have been previously circulated in the Dáil.

Yes, but you will agree that it is the same Bill, so that we really have the Bill before us. The Bill is not just coming out of the blue between now and 7.30.

Senator Ó Maoláin to conclude.

This Bill is one of the Bills which got clogged up in the Dáil due to the fact that their Order Paper was so crowded and they could not deal with it. The Seanad is now going to deal with this Bill. As Senator Fitzgerald said, the Bill was printed long ago. It is now a Seanad Bill and it has been printed and is ready for circulation to Members of the House. I should like to emphasise in regard to the remarks made by Senators Belton and O'Higgins that I stressed when asking for the Second Stage of this Bill that, if the House agrees, we want to take the Second Stage today. There is no question of trying to ram it down anybody's throat or to do it by any jackboot methods. I asked if the House agrees and if the House does not agree that is OK. It is a matter for the House.

The proposal before the House is that the Second Stage of the Local Government Services (Corporate Bodies) Bill, 1971, be taken not earlier than 7.30 p.m. today. Is that agreed?

Senators

Agreed.

Could I ask if it is proposed to sit tomorrow?

The Order of Business has been decided and I do not think it arises at this stage.

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