Seanad Éireann díospóireacht -
Wednesday, 21 Feb 2007

Vol. 186 No. 5

Business of Seanad.

Ms O’Rourke

I move that:

Notwithstanding anything in Standing Orders and the Order of the Seanad of this day, it is proposed to take Nos. 3a and 3b on the Supplementary Order Paper. No. 3a is the Health Insurance (Amendment) Bill 2007. All Stages of No. 3a on the Supplementary Order to conclude not later than 11.55 p.m. The contribution of each group is at six minutes and the Minister to be called upon to reply no later than ten minutes before the conclusion of Second Stage. No. 3b, motion for earlier signature of the Health (Insurance)(Amendment) Bill 2007, to be taken immediately without debate on the conclusion of No. 3a.

Mr. B. Hayes

Are we debating the supplementary Order Paper proposed by the Leader?

An Cathaoirleach

Yes.

Mr. B. Hayes

We face a very unusual situation in that the Government intends to take all Stages of this Bill and, in effect, to guillotine it by 11.55 p.m. I asked the Leader to provide more time for a considered discussion of the Government's proposals. The reason I make this argument is that in the likelihood of a legal challenge being mounted at some stage by the parties to this matter it would be most useful for the courts to have access to a transcript of a full debate from all sides of the House.

It would also be useful on Committee Stage for Members to put specific questions to the Minister so the court would have a clear view as to the mind of the legislators and of the Oireachtas if the matter ever comes before it. I make this proposal on the basis of the constitutional propriety of this House and the way in which the House has always exercised its business in a manner that ensures parliamentary accountability. I ask the Leader to consider my proposal to extend the debate, otherwise we will be compelled to oppose the Bill.

Mr. Ryan

I support Senator Brian Hayes. There is no reason of which I am aware why we have to rush through this Bill in 40 minutes——

Mr. Norris

We are only keeping the President up.

Mr. Ryan

——other than the fact somebody said it had to be done in 40 minutes. It could be done in 80 minutes. We are here late and it does not really matter at this stage if we are here longer. The experience of myself and other Members of this House in recent years is that legislation from the Department of Health and Children requires detailed scrutiny. To rush it through without a Committee Stage is bad in principle and, given the record of that Department, is potentially disastrous.

An Cathaoirleach

This is not the Order of Business.

Ms O’Rourke

While the points put forward appear extremely reasonable, I am advised the Bill must conclude prior to 12 midnight.

Mr. Ryan

On a point of order, the only argument might be that the Bill must be enacted before 12 midnight. Even if it is passed at 11.55 p.m. unless the President is sitting downstairs it will not be signed into law before midnight.

Mr. B. Hayes

That is also my view on the matter. The Interpretation Act does not apply in this case, because if the President signs the Bill as passed by the Dáil and Seanad before the stated time tomorrow morning the effect will be neutralised. That is the objective of the Bill. I do not see the difficulty in extending the time provided for debate to ensure people can do their jobs.

Ms O’Rourke

I am advised the Bill must be concluded prior to 12 midnight.

Mr. Norris

The House is entitled to an explanation. The Leader evidently believes there is some justification for her position. She has been advised the Bill must be passed by midnight. It would be helpful if we were to know why this is so. I said jocosely when it was first announced it had to be passed by that time because the President wants to go to bed.

Mr. Dardis

That is reasonable.

Mr. Norris

It is a reasonable human need but if this is an emergency the watchdog of Ireland cannot sleep. If there is a real reason perhaps the Leader could share it with us, or has she just been told it must be passed by midnight? If that is all she has been told, that is showing considerable disrespect to Seanad Éireann and to those of us who stayed on late in order to take part in the debate.

Mr. Ryan

Is it in order for me to point out something? The Bill will not be passed until after midnight if there is a vote at 11.55 p.m., therefore, the midnight argument is a smokescreen.

Ms O’Rourke

I have nothing further to add.

Question put.

The Seanad divided: Tá, 25; Níl, 13.

Tá

• Brady, Cyprian.
• Brennan, Michael.
• Daly, Brendan.
• Dardis, John.
• Dooley, Timmy.
• Feeney, Geraldine.
• Fitzgerald, Liam.
• Glynn, Camillus.
• Hanafin, John.
• Kenneally, Brendan.
• Leyden, Terry.
• Lydon, Donal J.
• Mansergh, Martin.
• Minihan, John.
• Mooney, Paschal C.
• Morrissey, Tom.
• Moylan, Pat.
• Ó Murchú, Labhrás.
• O’Brien, Francis.
• O’Rourke, Mary.
• Phelan, Kieran.
• Scanlon, Eamon.
• Walsh, Jim.
• White, Mary M.
• Wilson, Diarmuid.

Níl

• Bannon, James.
• Bradford, Paul.
• Browne, Fergal.
• Burke, Paddy.
• Coghlan, Paul.
• Cummins, Maurice.
• Feighan, Frank.
• Hayes, Brian.
• Hayes, Maurice.
• Norris, David.
• Phelan, John.
• Ryan, Brendan.
• Terry, Sheila.

Tellers: Tá, Senators Minihan and Moylan; Níl, Senators Cummins and Ryan.

Question declared carried.