Eamon Gilmore (Dún Laoghaire, Labour)

I wish to raise a point of order before we proceed with Second Stage. I refer to Standing Order 136 which states:

A public Bill (not being a Bill to confirm a Provisional Order) affecting private interests in such a way that, if it were a private Bill, it would, under the Standing Orders relative to Private Business, require preliminary notices before its introduction, is known as a hybrid Bill and shall be subject to the provisions of Standing Order 60 of the Standing Orders relative to Private Business.

As I read it, Standing Order 60 of the Standing Orders relative to Private Business requires that where a public Bill is ordered to be read a Second Time in either House on a day appointed and it appears to the Ceann Comhairle or the Cathaoirleach, as the case may be, that the Standing Orders relative to Private Business may be applicable to the Bill, the Bill shall be referred to the examiner who shall examine the Bill with respect to compliance with the Standing Orders relative to Private Business and shall proceed and report forthwith, and the order of the day relating to the Bill shall not be thereby affected. However, if the examiner reports that any Standing Order applicable to the Bill has not been complied with and the Joint Committee on Standing Orders reports that such Standing Order ought not to be dispensed with, the order of the day relating to the Bill shall be discharged.

Standing Order 1 relating to private Bills, states: "Every Bill promoted for the particular interest or benefit of any person of locality, as distinguished from a measure of public policy, shall be treated as a private Bill". I submit that there is a particular interest or benefit relating to particular persons in the Bill and that, therefore, the issue of whether it is a private or public Bill arises. It appears that, in so far as there is a private interest dimension to the Bill, it is a hybrid Bill under Standing Order 136.

I wish to ask if the Bill has been referred to the examiner and if there is any report from the examiner in respect of its status as a private or hybrid Bill. If this has not been done, what consideration has been given to the issue of it being a hybrid Bill?

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