Seanad Éireann díospóireacht -
Wednesday, 10 Jun 1987

Vol. 116 No. 7

Business of Seanad.

An Cathaoirleach

I have notice from Senator Denis Cregan that, on the motion for the Adjournment of the House today, he proposes to raise the following matter:

To ask the Minister for the Marine the present position in relation to the Free Port in Ringaskiddy, County Cork.

I also received notice from Senator Nuala Fennell of the following matter:

The question of separate free legal representation for complainants in rape cases to ensure that there will not be a recurrence of the situation regarding prosecuting counsel in the recently published rape trial in the Dublin Criminal Court.

I also received notice from Senator David Norris of the following matter:

To request the Government to honour immediately their commitment given in writing in February of this year to the Dublin Crisis Conference that they will:

(a) amend section 56 of the 1963 Planning Act so that zoning of land is a non-compensatable reason for refusal, and

(b) amend the 1977 Planning Act so that An Bord Pleanála will have a code of practice requiring it to specify non-compensatable reasons for refusal where these apply, and

(c) as a matter of urgency amend sections 55 (1) and 52 (2) of the 1963 Planning Act to modify the "market value" rule to ensure that "existing use" value and purchase price, other than "potential use" value become the main criteria for assessing compensation.

I also received notice from Senator Katharine Bulbulia of the following matter:

That building would commence on the new primary school at St. Paul's, Lisduggan, Waterford.

I regard the matters raised by Senators Cregan and Bulbulia as suitable for discussion on the Adjournment. I have selected Senator Cregan's motion for today's Adjournment and it will be taken from 8 p.m. to 8.30 p.m. Senator Bulbulia may give notice for another day of the matter she wishes to raise. I regret I have to rule the matter raised by Senator Fennell is not suitable for discussion on the Adjournment on the grounds of lack of ministerial responsibility. I also have to disallow the matter raised by Senator Norris on the grounds of advocacy of legislation.

I should, however, say that I have an application under Standing Order 29. If I decide to allow it Senator Cregan's matter cannot be taken until tomorrow. I will announce my decision at 3.30 p.m. I want to make this clear as there will be confusion. Senator Cregan's motion was decided on and I had cleared it for 8 p.m. tonight. At 2.10 p.m. this motion by Senator Brendan Ryan was laid on my desk. I have not decided on it yet.

Mr. Cregan

Could I clarify that in actual fact the Cathaoirleach had decided before 2.10 p.m. that the motion would be taken tonight?

An Cathaoirleach

No. I decided this morning to take the Senator's motion as the first one at 8 o'clock tonight. This special one came in from Senator Brendan Ryan. I have not made a decision on it yet. If I decide to accept it Senator Cregan's will be postponed until tomorrow.

Mr. Lanigan

On a point of information for the newer Senators, would the Cathaoirleach read out Standing Order 29 (1) to point out where precedence is given in the Adjournment Matter?

An Cathaoirleach

Standing Order 29 (1) reads:

A motion for the adjourment of the Seanad on a specific and important matter of public interest requiring urgent consideration may be made if a Senator, not later than 2.30 p.m. on a day on which the Seanad meets before noon and not later than 4.30 p.m. on a day on which the Seanad meets at or after noon, gives written private notice of the matter to the Cathaoirleach and upon which being called on by the Cathaoirleach not later than one hour subsequent to the time of the notice risen in his place and states that he requests leave to remove the adjournment of the Seanad for the purpose of discussing a specific and important matter of public interest requiring urgent consideration whereupon he shall state the matter.

We will leave it because I have not decided yet whether we are taking the matter.

Mr. Cregan

I will leave it in your good hands.

An Cathaoirleach

This happened last year. There was a clearance by the former Cathaoirleach and it caused upset, as it might to Senator Cregan. That is why I said that it may come up at 3.30 p.m.

Mrs. Fennell

I should like to thank the Cathaoirleach for considering my motion. I accept her ruling but I regret that this matter cannot be discussed. Since I put down this motion we have had the response of the Bar Council to an examination of the events in the Cavan rape case. The response is inadequate and disappointing. There is deep public concern about this matter and aspects of this trial.

An Cathaoirleach

I have ruled on it. I appreciate it, but I cannot allow the Senator to make the case.

Mrs. Fennell

I accept that. It has been accepted that we need reform of the 1981 Rape Act. We have an item on this Order Paper dealing with the all party committee's report on womens rights, which was published in January, which I have already asked to have debated, I seek support from the Cathaoirleach as a woman and from Members of this House to bring it forward for debate. It is the second time I have asked for this.

An Cathaoirleach

I appreciate that the Senator is upset about my ruling but there has been discussion already about that item on the Clár. The conduct of the prosecution case is a matter for the Director of Public Prosecutions. I have made my ruling that it is not suitable for debate here because there is no ministerial responsibility. Last week the Leader of the House said he would bring forward the item the Senator was concerned about. That is a matter for the Leader of the House and the Whips and not for me. If the Senator is worried about it I will talk to the people concerned if it helps in any way.

Mrs. Fennell

I am concerned, and I would like to have it brought forward for discussion.

Mr. Norris

I am grateful to the Cathaoirleach for her ruling on the matter I attempted to bring to the attention of the House in particular as she specified that it is ruled out of order because it is advocacy of legislation. I should like to advocate legislation.

An Cathaoirleach

The Senator cannot advocate it here now, nor on the Adjournment. We may reform the House but the Senator cannot do it at 2.30 p.m. today. The Senator should put down a motion.

Mr. Norris

Perhaps I could draw the Cathaoirleach's attention and the attention of the House to some difficulty I had——

An Cathaoirleach

Would the Senator draw it to my attention when I leave the Chair at 3.30 p.m.