Dáil debates

Thursday, 11 December 2008

Health Bill 2008: Committee Stage

 

3:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)

The difficulty legislators face is that different words are used in the Bill — either in the Long Title or explanatory memorandum — and in the rulings made from the Chair. The Ceann Comhairle refers to the principle of the Bill. While the text states the purpose and Title of the legislation, it does not state a principle. As a result, we are now in a position in which the interpretation as to what is the principle of the Bill is left to the Office of the Ceann Comhairle. I do not mean this personally.

While I accept that Deputies are not in a position to challenge a decision of the Ceann Comhairle, if this ruling remains on the record and becomes a precedent, it will be necessary to require Ministers to write a principle into all legislation they propose to present to the House. Members will then know what is the principle of a Bill and will be able to ascertain when amendments are in conflict with it. If this is not done, Members will not know what is the principle and will, therefore, try to interpret what it is.

As a result of this ruling, it will be necessary to ensure the language of the rulings of the Office of the Ceann Comhairle and the manner in which Bills are presented coincide. I will not be satisfied unless this occurs as otherwise a dangerous precedent will be set in terms of the right of elected representatives to propose amendments to legislation. As Deputies indicated, the Government is entitled to vote us down but the interests of parliamentary democracy require that Deputies be entitled to propose reasonable amendments to legislation. This ruling will seriously curtail that right unless the language used in legislation and rulings from the Chair coincides. If Deputies are to be in a position to amend legislation, they must clearly understand what are the principles of a Bill.

Comments

No comments

Log in or join to post a public comment.