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

In anticipation that Leaders' Questions may deal with current issues arising from disclosures concerning the Mahon tribunal, I am allowing questions today on the same basis as 10 February 2004. I will make a brief statement on the application of Standing Order 56 which deals with matters sub judice and sets out, as far as the Dáil is concerned, the delicate balance between this House and the courts and judicial tribunals in their respective functions. The relevant part of the Standing Order states: "a matter shall not be raised in such an overt manner that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial Tribunal".

On 10 February 2004 I made a ruling allowing matters relating to the Mahon tribunal to be discussed on the basis of the then particular circumstances. That application of the Standing Order depends, to some degree, on timing and the type of Dáil discussion. The House finds itself in a somewhat similar situation today and I am allowing the matter be discussed in the given circumstances without prejudice to any decision the Chair may be required to make in the future. However, in doing so, Members should bear in mind when contributing that while these matters are now in the public domain, the Mahon tribunal saw fit to correspond with the media concerning issues surrounding confidentiality.

In addition, the normal rules of debate shall apply. Serious allegations against a Member can only be made by way of substantive motion and references should not be made to the private family matters of another Member. I ask for Members' co-operation in these matters.

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