Oireachtas Joint and Select Committees

Wednesday, 10 May 2017

Select Committee on Justice and Equality

Business of Committee

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I share the views the Chairman has expressed and I appreciate the frustration Deputy Daly has expressed. I appreciate it because I went through a similar form of frustration on 30 November last. I had prepared a Bill and a number of members had put down proposed amendments to it. On Committee Stage, we were told there was no money message. In fairness, on this occasion the Department at least paid Deputy Daly the courtesy of writing her a letter setting out in detail its explanation. What has happened here, however, is worse than what happened to my Bill because my Bill was on a change in the system of judicial appointments, which is not an issue that will impinge on the personal lives of very many individuals. Here, however, we are dealing with maternal deaths, which is a much more sensitive issue. As Deputy Daly said, many people are directly affected. I went back and had a look at the speech Deputy Sean Fleming made in the Dáil on 11 December 2015. He expressed concisely and clearly Fianna Fáil's view of the urgency of the Bill and I endorse what he said.

In the case of my Bill, it was just a political stroke in circumstances where the Government did not want my Bill to go through. What is more frustrating about this is that we went through the process of pre-legislative scrutiny six months ago. In a way, the officials were made fools of too in being brought here and ordered to engage with us. Certainly, I suspected strongly that we would not get a money message. The issue of a money message is a very interesting constitutional one although I am not saying we should condemn it. If one were putting forward a Bill from outside Government which involved enormous expenditure, the need for a money message would be understandable. However, there is no financial consequence here in respect of the maternal deaths issue. There was very little financial consequence in the case of my Bill either.

Deputy Daly asked what we should do. On behalf of the Oireachtas, we must assert some influence. We must assert our authority. The Minister has said that she will include in the courts and civil law (miscellaneous provisions) Bill the details on maternal deaths. We have to take a stance in respect of the Government and its legislation. Last week, I suggested we should not co-operate with Government legislation and, in fairness to them, Deputies Farrell and Brophy said correctly that it would be an excessive step. It probably was excessive. However, I propose that we pick one Bill we know the Government is anxious to get on the Statute Book and refuse to deal with it in the select committee until such time as the provisions on maternal deaths in the courts and civil law (miscellaneous provisions) Bill come before us with a money message.

The Minister for Transport, Tourism and Sport, Deputy Shane Ross, was on the radio last Friday saying one of his great achievements in office was the judicial appointments Bill which has not even been published, let alone enacted. I propose that the committee refuses to commence Committee Stage of that Bill until such time as the provisions on maternal deaths in the courts and civil law (miscellaneous provisions) Bill come before us with a money message. When that happens, we will deal with their other Bill. That is just a proposal I make.