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Seanad Éireann díospóireacht -
Wednesday, 19 May 2004

Vol. 176 No. 15

Business of Seanad.

Before calling on the Leader, I will make a statement for the information of the House on the proceedings of the motion moved by Senator Mansergh last Wednesday. I will not allow the statement to be the subject of comment or debate.

The Chair is the sole judge of order in the House and, where necessary, must rule on matters not covered by Standing Orders. This was the position on Wednesday last. Standing Orders make no provision for confusion of Members about procedures. The Chair must be sure that when the House makes a decision, Senators know what is being decided. Where there is confusion or ambiguity, the Chair will do his best to clarify the situation. On Wednesday last, as soon as Senator Mansergh raised a point of order, it was clear to me that there was a misunderstanding about the questions that had been put and the decision declared as a consequence. In these circumstances the Chair had both the right and the duty to put the question formally in order to clarify the position. This I did as the debate closed. Senator Brian Hayes has written to me on these matters and I will be replying to the Senator later today.

I ask for a very brief chance to reply to the statement, if I may, Sir.

I said the statement will not be the subject of comment. I will write to the Senator.

I respect the rulings of the Chair and have always done so. Given that the Opposition has put the proposition to the Chair that Standing Orders were violently overturned last Wednesday——

We must have an opportunity to reply in public to what happened in public session of the House last Wednesday.

No, Senator, I am sorry. This must be the end of the matter. I will not allow my ruling to be discussed.

With respect, Sir, this is not the end of the matter. My group cannot agree to the formulation that the Chair has put to the House this morning.

I have ruled Senator.

In the most respectful way I can, and the Chair knows that I respect his rulings——

To be respectful, Senator Hayes must accept my ruling.

The Chair's ruling overturns a decision of the House.

No, I do not agree.

It is a very serious matter.

I have explained my ruling of last week and that is it.

While I understand the ruling of the Chair, I must say publicly that I disagree fundamentally with the statement the Chair has made to the House because I believe it overturns a decision of this House. Not even the Chair can overturn a decision of this House.

The Senator is entitled to his opinion.

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