Seanad debates

Thursday, 21 January 2016

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

By people from all corners but especially in the south east. There has been massive momentum behind it but it is important that the terms of the Bill are right.I understand that Senator Craughwell, among others, sought information on the timing. I have looked for that and I am informed the Bill is due to complete its passage through the Dáil next week but I am not certain we will have it here before the end of this Seanad term. I am making inquiries but that is all I can say at present. The TUI is engaged with the Minister and officials from the Department of Education and Skills met with delegates yesterday. There are ongoing engagements on amendments that the TUI has sought in respect of the Bill, particularly on concerns it has raised with all of us about the terms and conditions of its members in the event of any merger. I have engaged with the TUI on this matter, as have other colleagues.

The Senator also referred to No. 1 on the Order Paper, the motion regarding the Twelfth Report of the Seanad Committee on Procedure and Privileges. The Senator is entitled to table an amendment in respect of that but the CPP meeting concerned House business and was not a matter for the Leader's office. It deals with the conduct of the Seanad. We had a full meeting yesterday, from which a number of people were unfortunately absent. We received legal advice, examined the amendments which are proposed to Standing Orders 90 and 105 and considered the adoption of new Standing Orders 108A to 108E. This is the subject matter of No. 1 on the Order Paper and I am very happy to inform the House that we were told the amendments propose changes which are technical in nature but which are important because they will provide protection for privilege for official Seanad documents and the personal papers of Senators. They give Standing Order status to a rule that is already present in Article 15.10 of the Constitution which states, "Each House shall make its own rules and standing orders ... to protect its official documents and the private papers of its members". Despite that provision of the Constitution, neither Dáil nor Seanad had Standing Orders dealing with privilege for private papers or official documents. In the case of Howlin v. Morris, the High Court criticised both Houses their failure in this regard. On foot of the requirement of the High Court as well as the relevant provision in the Constitution, these Standing Orders are being brought introduced in both the Dáil and the Seanad in order to bolster, or confirm, the practice that already exists in the context of privilege for these documents. There is nothing new in the new Standing Orders, which are available for all Members to see.

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