John O'Donoghue (Kerry South, Ceann Comhairle)

Before the debate was adjourned, Deputies Simon Coveney and Liz McManus asked me about the question of recommittal, so it is best if I clear that matter up briefly. A motion may be made to recommit an entire Bill at the commencement of its consideration on Report Stage. Indeed, it can also be done in respect of sections and amendments before their consideration has been completed. Then, if it is agreed at the commencement of the discussion on the Bill on Report Stage, or in relation to any sections or amendments at the commencement of their discussion, or during the discussion of them and prior to them being completed, the matter can be recommitted provided there is agreement. However, it is not an automatic right and this is where the problem arises. If on any section, amendment or the entire Bill, prior to its consideration on Report Stage, the Minister opposes the actual recommittal, a brief statement can be made as to why a given section, amendment or the entire Bill before it is discussed should be recommitted. Then there would have to be a vote.

I am trying to get the point across that there is no automatic entitlement to recommittal. It is open to any Member to make that proposal at any time, but it can be opposed and can be defeated. With all the amendments we have in this particular Bill, we could in theory be doing nothing else except voting to see whether a section or amendment should or should not be recommitted. If, however, a Member feels at any stage that an amendment or section should be recommitted, and that there are valid reasons for it, that argument can be made. There is no automatic right, however, and the Minister can oppose it. A brief statement on to why it should be recommitted would be allowed but there would be a vote. I am really trying to say that there is no automatic right.

Having explained that, we can now resume on amendment No. 93a. I understand the Minister, Deputy Eamon Ryan, was in possession.

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