Oireachtas Joint and Select Committees

Wednesday, 10 May 2017

Select Committee on Justice and Equality

Business of Committee

9:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

As we have a quorum, we will begin in public session. All mobile phones should be switched off as they cause interference with the recording equipment, even when in silent mode. The business of this morning's meeting of the Select Committee on Justice and Equality is to address Committee Stage of the Coroners Bill 2015. However, under Article 17.2 of the Constitution, "Dáil Éireann shall not pass any vote or resolution and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to Dáil Éireann by a message from the Government signed by the Taoiseach." Furthermore, Standing Order No. 179 (2) of the Houses of the Oireachtas provides that, "The Committee Stage of a Bill which involves the appropriation of revenue or other public moneys, including incidental expenses, shall not be taken unless the purpose of the appropriation has been recommended to the Dáil by a Message from the Government. The text of any Message shall be printed on the Order Paper."

As the Coroners Bill 2015 will involve, we are advised, a charge on the Exchequer and no message, as mentioned, has been printed on the Order Paper, it is not possible to proceed with Committee Stage of the Bill at this time. Copies of correspondence received yesterday from the Tánaiste and Minister for Justice and Equality were circulated to members of the committee, which outlined the Government's position in this regard. I will offer members the opportunity to comment at this point in time. I will first afford Deputy Clare Daly the opportunity to brief the select committee on any engagements or developments and her current thinking on the matter now before us. Before that however, I wish to inform the committee that I took the initiative last week, following our meeting of last Wednesday, to engage directly with the Tánaiste and Minister for Justice and Equality to underscore the importance and seriousness with which the committee views not just the Coroners Bill but the full tranche of Private Members' Bills that present to this committee. It is a very serious matter which I endeavoured to convey to her. I believe, in fairness, that she accepted that and she undertook to have the matter addressed in the intervening period. As we know from the responses of An Taoiseach yesterday to the leader of the Fianna Fáil party, Deputy Micheál Martin, this matter was addressed at Cabinet yesterday. However, regarding the Bill before us this morning, it is important to note that this was first flagged as far back as seven months ago, in late November 2016 and here we are now, on 10 May. As Chairman, I wish to record that I find this situation wholly and absolutely unacceptable for Members of the Houses, of whatever political persuasion or outlook, who have put in the time and effort to prepare, properly explore and research what they view to be necessary legislative change. It is a very serious matter indeed that having passed Second Stage successfully in the Dáil, legislation is now held up in the ether. As a Member of Dáil Éireann and the Chairman of this committee, I wish to record the fact that I find this situation intolerable.

I now invite Deputy Daly to open up the discussion, to advise us on where she believes matters are and how she wishes to proceed with her Bill.

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