Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)

Before calling Deputy Ó Caoláin, I wish to deal with the status of the Bill which Deputy Gilmore addressed in detail in his contribution. I am satisfied the legislation is not a hybrid Bill. In addition to the ruling made earlier by the Leas-Cheann Comhairle in respect of the primacy of the order of the Dáil of today, the Building Societies (Amendment) Bill 2006 is a public Bill as it is an instrument of public policy which was moved by the Government and proposes to amend the principal Act, the Building Societies Act 1989, itself a public Bill at the time.

Even if Deputy Gilmore's contention were correct, in so far as it could be said to affect private interests, the Bill provides for public policy which would outweigh those interests and, accordingly, the Bill is a public Bill in any event, whichever way it would be interpreted. In this regard, I refer the Deputy to the ruling of some of my very illustrious predecessors. First, the Railways (Road Motor Services) Bill 1927, which applied to all railway companies, was a measure of public policy and, accordingly, was a public Bill — Official Report of Dáil Éireann, Vol. 19, col. 477. Second, while the Railways Bill 1933 affected private interests, a matter of public policy that outweighed those interests arose and the Bill, accordingly, was a public Bill. The fact the Government moved it, while not a test, strengthened the case for the ruling — Official Report of Dáil Éireann, Vol. 46, cols. 576-578.

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