Dáil debates

Thursday, 10 December 2009

Social Welfare and Pensions (No. 2) Bill 2009: Second Stage

 

2:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)

On a point of order, it would seem from examining the record of the House, that the Ceann Comhairle's ruling on a vote on the Order for Second Stage might be in error. We have looked at the precedents set by his predecessors on a number of occasions and they are very clear. The Order of Business for the day was exactly as it was today. The order simply stated that the business today shall be as follows. In regard to this matter, it states: "Order for Second Stage". That simply states what the business will be, that is, to make the Order for Second Stage. The order was not being made then. The Minister correctly moved it at the beginning of the business. The only situation in which a vote is not allowed is if the Bill has come from the Seanad when that order is not required.

There are several precedents. Perhaps the Ceann Comhairle should adjourn the House to examine them because it is a very serious matter. We might be wasting the time of the House by having a debate when it is not a proper one or not in order. The precedents go back to 1990, 1991 and 2003 and they are all very clear. The situation was exactly the same then as today where the Order of Business was passed in exactly the same form as it was today. On each occasion it was required, as it was today, that before Second Stage could begin, the Minister would move the Order for Second Stage. That was moved today and it was opposed. When it was opposed on these previous occasions, there was automatically a vote. I do not see how else it could be.

In order that we do not start this all over again tomorrow, I ask the Ceann Comhairle to look at this matter and have the Order for Second Stage put in place correctly, if a majority of the House so wishes.

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