Oireachtas Joint and Select Committees

Wednesday, 30 January 2019

Select Committee on Justice and Equality

Disability (Miscellaneous Provisions) Bill 2016: Committee Stage

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

Before proceeding with the amendments, I must advise members that I was given notice by the Bills Office last evening in respect of a number of amendments. It is the responsibility of the Chair in upholding Standing Orders to sign off on the notification of the disallowance of amendments that are deemed not to be in order. However, on first perusal, for which I only had an opportunity late last night, I was conflicted about some of the points made in the briefing note directing the Chair to disallow certain amendments. For example, my experience and knowledge of the provision of polling stations in my constituency is that they are not only schools. I have some question in my mind in respect of "no rent charged". Church halls, private halls and so on are all employed as polling stations. I am not convinced by the argument that some of the amendments presented would subsequently constitute a potential charge on the Exchequer.

As a Dáil Deputy and as Chair of this committee, I am anxious at all times that members, Government and Opposition, have the opportunity to properly play their full part in the construct and passage of all legislation. I believe I have done so fairly and equitably since I took on the position of Chair of this committee. However, I believe an inordinate effort is made to find reason to disallow reasonable amendments that could make a critical difference to legislation and, in the case of this Bill, to the daily life of people with disabilities and their reasonable expectations in respect of the affirmation of rights and equality.

Without an opportunity to engage further on the note which I received very late yesterday evening, I am exercising my position as Chairman and ruling that the amendments will be allowed to proceed today on Committee Stage. The ultimate determiner in all of this is the Ceann Comhairle. That judgment can be reserved by the Ceann Comhairle on Report Stage. I have had no facility to engage with the Ceann Comhairle on these matters other than very briefly through the clerk to the committee. I will not willy-nilly be the puppet for any direction in respect of very important matters concerning a cohort of people, those with disabilities, whom I hold in very high regard.

Therefore, although one of the amendments before us is quite specific, I am not going to make fish of one and flesh of another. I propose to proceed and take the amendments as tabled. I will engage with whoever wishes to engage with me subsequently on the decision I made this morning. It is up to members to proceed to Report Stage with their amendments, whereupon, when adequate time is given to the Ceann Comhairle and others to peruse and make an assessment - something I did not have - they can make a decision. It is up to members in the intervening period to make the case as to the veracity and applicability of their respective amendments. It is the position I am taking and I am putting the Minister of State and members on notice of it. I would appreciate it if the members could accept the Chair's ruling in this instance.

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