Emmet Stagg (Kildare North, Labour)

The reason we are discussing this is because of the admission by Government that it made a mess of things this morning in trying to deal with a simple matter, where two separate procedures are available to Government to correct the situation, if they so wish. However, it now wants to use a sledgehammer by setting a dangerous precedent in the House which was never used before in its history. I have never heard of anything like it. As for quoting Standing Order 26, it sets out the main reasons this cannot be done by the Government. The Government does not have the authority. It is ultra vires - beyond its power - to try to introduce something that is not in the green, printed Order Paper for the day. The Government is not allowed to do that through Standing Orders. 5 o'clock

We adjourned at 1.20 p.m. to allow the Whips to discuss this matter. The Whips met in the usual room and all of the Whips attended. We agreed a procedure to deal with this which is available to the Government and to the Minister, namely, to let this matter go straight through the House to the Seanad, which can return an advice to this House that the Bill should be changed in accordance with the Minister's wishes. That matter would then simply be put to a vote here, and that would be the end of it.

That is the procedure available to correct what I appreciate was a mistake by the Minister and the Government side. I appreciate and accept it was not the intention of the Minister to allow the decision go the way it went. However, there is now an easy solution with no risk to the Minister because the Seanad cannot change a Finance Bill in any way or make any amendment. It can simply advise this House of what it considers a desirable amendment. The Bill will then come back to this House, where the Minister, with his majority and his lively officials to remind him that a vote is coming up, will ensure the vote is passed with the majority the Government would have on a Finance Bill. That is the procedure available.

There is another alternative the Minister could use and, although it is a bit more complex, it has been used in the House previously, namely, a one-line Finance (No. 2) Bill 2010 to correct this fairly innocuous amendment.

I am worried about the timescale that is available for the Finance Bill and the very important measures contained in it while this matter is being discussed at great length. However, because of the precedent it would set, we are determined that this precedent cannot be set. A Cheann Comhairle, you have a particular responsibility to ensure that proposals from the Government are in order. The proposal this morning was not in order and should not have been allowed. The proof of the pudding is in the eating, when the Government now tries to correct it at 5 p.m.

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