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Seanad Éireann díospóireacht -
Thursday, 14 Dec 1989

Vol. 123 No. 13

Request under Standing Order 29.

I have notice from Senator Avril Doyle regarding a motion she wishes to move under Standing Order 29. I now call on Senator Doyle to give notice of the motion before I give my ruling.

I wish, with your permission, to move a motion for the Adjournment of the Seanad on a specific and important matter of public interest requiring urgent consideration, the matter being, that Seanad Éireann pursuant to the provisions of section 2 (2) of the Ombudsman Act, 1980 recommends to the President the reappointment of Mr. Michael Mills to the office of Ombudsman.

May I, by way of very brief explanation, state that Mr. Mills' position is terminated on 1 January under the Act. Next week is the last week the Seanad will sit and tomorrow is the last day the Dáil will sit. This matter must come before both Houses and be voted on by the Members in both Houses. It must be dealt with by us as expeditiously as possible. I felt if we could give some brief time this evening to it it could then go to the Dáil tomorrow and thereby prove it unnecessary to bring back the other House next week to deal with it before 1 January.

I have given careful consideration to the matter raised by Senator Doyle. I do not consider it to be a matter contemplated by Standing Order 29. I, therefore, regret I have to rule it out of order.

May I appeal to you, a Chathaoirligh, to reconsider your ruling? I respect your decision, but I would like to appeal to you in view of the enormous importance of the Office of Ombudsman and its resounding success. The establishment of this Office was with all-party agreement. There is a procedure whereby once the six years in office of any incumbent are over the party leaders get together and agree or approve the name of someone being put forward. It also comes before Cabinet so that that agreement can be presented there. Then it comes into both the Dáil and the Seanad. To the best of my knowledge it had not come before Cabinet up to one hour ago. The party leaders or the party whips did not get together on it. Tomorrow is the last day's sitting of Dáil Éireann and we are finishing up our business here next week. With respect, I consider it to be urgent because we must do nothing to jeopardise the future of the most important Office of Ombudsman.

I have made a ruling in the matter. I am satisfied I have taken into account everything that you have said in arriving at my decision in this matter. There are adequate provisions for the matter to be dealt with in another way before the House rises for the Christmas recess. We have another sitting day next week. The urgency which the Senator has emphasised can be dealt with on the next sitting day, if the Senator wishes to take account of the procedures that are there for such a situation.

May I give you notice in view of your ruling, which I must reluctantly accept, that I will be tabling a notice of motion for the Order Paper for next Tuesday in relation to it? I do understand it must go before Dáil Éireann also. Next week that could prove to be a difficulty.

That will be a matter for the Senator and for the House. We will resume on the item before the House.

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