Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

We have a big problem. I am trying to deal with it quietly. We have two members of the committee who are Members of the Oireachtas. They cannot speak here because they are not in the Houses. That is the problem I have. It is a reference to the Constitution I have been given which states that if an Oireachtas Member is not in the precincts, he or she cannot contribute, even though those who are not Members of the Oireachtas are welcome and willing to contribute from their offices or outside the precincts. It is a ruling I have in front of me and it is a difficulty because I would love to hear what they have to say, as I am sure everybody would. Article 15 of the Constitutions says that we can "sit in or near the City of Dublin or in such ... place as they may from time to time determine". The unambiguous meaning is that hearings must be conducted in a place chosen by both Houses and that Members of the Oireachtas are obliged to be present in the precincts to participate in the meeting.

It is high time that constitutional provision was changed because it makes an ass of our proceedings. I apologise but that is the ruling I have been given and which I have to follow in terms of Standing Orders, even though I do not like it. I suggest that, separate from this meeting, we collectively request from the Ceann Comhairle and the Government that they change this. It will take constitutional change but in this case it does not make sense. I apologise to members that that is the situation. We will start a second round má tá daoine eile chun labhairt.