It is proposed to take Nos. 1 to 6 in that order. In regard to No. 2, it is proposed that it be taken after No. 5. In regard to No. 6 the normal time that would be taken for this motion is an hour-and-a-half, but I have been asked to suggest to the House that we have a debate for three hours. The length of time which each speaker may take will be the same as on a Private Member's motion.
Order of Business.
I would like to propose an amendment to the Order of Business to add item No. 11 which is the Domicile Bill, 1980. This Bill was tabled by me on behalf of the Labour group on 19 November last and, on 17 December, before the House adjourned for Christmas, I indicated to the Leader of the House that I would be looking for an early debate on Second Stage on the general principles of that Bill this year. When the House reconvened as late as 18 February I again raised this Bill on the Order of Business and I indicated that, had it not been for the tragic and unforeseen circumstances of the Stardust fire and the need to discuss the terms of reference of the tribunal, I would have been pressing for a debate on that day. The Leader of the House, in reply, said that he would examine the matter and be in a position to let me know at the next meeting of the Seanad, which I think most of us felt would be the following Wednesday. In fact, we met to discuss the terms of reference of the tribunal on 19 February and then we adjourned sine die. I opposed that adjournment sine die and asked that we might meet the following Wednesday to discuss the Domicile Bill. This is an extremely important measure. I do not have to emphasise — I have done so already a number of times on the Order of Business in this House — that it is seeking to remove a basic discrimination against all married women in the country.
We cannot discuss the Bill.
All right, a Chathaoirleach. I have sufficiently given the reasons for it. But I am now forced to seek to amend the Order of Business to add item No. 11 to it today because this is only the third sitting day of this House since Christmas and we are on 11 March. We do not know when we will meet again. We could adjourn sine die again and I think it is now necessary to have this item ordered and, if necessary — and I certainly would be quite prepared to do this and I hope all my female colleagues on both sides of this House at least would be prepared to — meet tomorrow and take the Second Stage of this Bill. I feel it is necessary to order it today and therefore I propose this amendment to the Order of Business in order to take item No. 11 and have a Second Stage debate on the Domicile Bill which I am prepared for and which the Minister has had ample opportunity to discuss with his officials and on which to form a view.
I would like to second the proposal for an amendment to the Order of Business. This is a legislative Chamber and if the Government are not going to bring forward legislation then when a Member of the House brings forward legislation an opportunity to debate it should be given.
I support the proposal because the Bill has been a long time tabled. It is very important legislation which would remove great hardship. It has been there a long time and it is about time the debate took place.
I should like to suggest an amendment to the Order of Business so as to include item No. 23 which is a motion in the name of myself and Senator Catherine McGuinness, "That Seanad Éireann calls on the Government to declare unequivocally that Ireland will not join a military pact." In a letter to him some days ago I asked Senator Ryan to consider this. Let me point out that if one looks at the records of the House over the last year or so, in the matter of motions — I mean the kind of motions of independent, wide-ranging public interest and not those which are enjoined on us by way of approving Ministerial orders, or the kind of canonically enjoined motions such as are illustrated by No. 6 today — it will be found that it has been a long time since we had a motion in the names of Independents and the Opposition parties in the House have had quite a field day in this matter.
For that reason alone, I think it is in order to suggest that No. 23 should be included, though it is admittedly away down the list numerically. But beyond that, I suggest that this is an urgent and topical motion; it is in the forefront of the public mind; it concerns the kind of identity we want to have in the modern world, and it is the kind of subject which is entirely appropriate for the Seanad to discuss without, perhaps, some of the party commitment which understandably obtains in the other House.
The fact that Dáil Éireann is discussing a similar motion is no reason why we should not consider it conjointly. In fact, it would be highly appropriate that both Houses of the Oireachtas should consider this pressing topic. It would enhance the image of this House. I would regard the Government's refusal to consider it as highly suspect. So, I propose an amendment in the Order of Business to include item No. 23.
Senator Ryan to conclude on the Order of Business.
In regard to motion No. 23, it is the very last motion on the Order Paper and I certainly cannot give any undertaking that it will be taken for some time. I will certainly bear it in mind. In regard to No. 11 this has been mentioned to me on a few occasions. The position is that the Minister for Justice would be very anxious to take part in that debate and to express a view on the Bill. He has informed me that the Law Reform Commission are about to produce a report on the question of domicile and he is not anxious to discuss this Bill until he sees that report. Having regard to that report he will then be in a position to make up his mind about this Bill and if he is not satisfied with this Bill, he will almost certainly be introducing a Bill of his own. For that reason I cannot agree to the Bill being taken for the present at any rate.
On that point, in 1977 the Law Reform Commission in their first report specifically said that their consideration of the domicile issue should not hold up this Bill, should not hold up the removal of the dependent domicile and I can give the Leader of the House the extract from it.
The debate on the Order of Business is now completed.
Question put: "To add No. 11 to the Order of Business."
The Seanad divided: Tá, 16; Nil, 23;
Tá
- Butler, Pierce.
- Connaughton, Paul.
- Cooney, Patrick Mark.
- Governey, Desmond.
- Harte, John.
- Hussey, Gemma.
- Murphy, John A.
- O'Brien, Andy.
- Lynch, Gerard.
- McAuliffe, Timothy.
- McDonald, Charles.
- Markey, Bernard.
- Molony, David.
- Moynihan, Michael.
- Robinson, Mary T.W.
- Staunton, Myles.
Níl
- Brennan, Séamus.
- Brugha, Ruairí.
- Cassidy, Eileen.
- Conroy, Richard.
- Cranitch, Mícheál.
- de Brún, Séamus.
- Donnelly, Michael Patrick.
- Doolan, Jim.
- Dowling, Joseph.
- Ellis, John.
- Harney, Mary.
- Herbert, Anthony.
- Hillery, Brian.
- Honan, Tras.
- Jago, R. Valentine.
- Kitt, Michael.
- Lambert, C. Gordon.
- Lanigan, Michael.
- Mulcahy, Noel William.
- O'Toole, Martin J.
- Ruttle, James.
- Ryan, Eoin.
- Ryan, William.
Tellers: Tá, Senators Butler and Harte; Níl, Senators W. Ryan and Brennan.
Question declared lost.
There is a second amendment proposed, to add No. 23 to the Order of Business. Has the amendment been seconded?
I second it.
Question put: "To add No. 23 to the Order of Business."
The Seanad divided: Tá, 15; Níl, 22.
Tá
- Butler, Pierce.
- Connaughton, Paul.
- Cooney, Patrick Mark.
- Governey, Desmond.
- Harte, John.
- Hussey, Gemma.
- Lynch, Gerard.
- McAuliffe, Timothy.
- McDonald, Charles.
- Markey, Bernard.
- Martin, Thomas Augustine.
- Murphy, John A.
- O'Brien, Andy.
- Robinson, Mary T.W.
- Stanuton, Myles.
Níl
- Brennan, Séamus.
- Brugha, Ruairí.
- Cassidy, Eileen.
- Conroy, Richard.
- Cranitch, Mícheál.
- de Brún, Séamus.
- Donnelly, Michael Patrick.
- Doolan, Jim.
- Ellis, John.
- Harney, Mary.
- Herbert, Anthony.
- Hillery, Brian.
- Honan, Tras.
- Jago, R. Valentine.
- Kitt, Michael.
- Lambert, C. Gordon.
- Lanigan, Michael.
- Mulcahy, Noel William.
- O'Toole, Martin J.
- Ruttle, James.
- Ryan, Eoin.
- Ryan, William.
Tellers: Tá, Senators Murphy and Harte; Níl, Senators Ryan and Brennan.
Question declared lost.
Order of Business agreed to.