Eamon Gilmore (Dún Laoghaire, Labour)

That type of order for an entire week's business is arrogant. It shows a Government that is out of touch and that is abusing its majority in the House. It is a muzzling of Parliament. I submit that the proposal is not constitutional. I draw the attention of the House to Article 15.11.1 of the Constitution which states:

1° All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.

The motion before us states: "Notwithstanding anything in Standing Orders, unless the Dáil shall otherwise order..." The problem is that if this motion is passed, the Dáil will have no means by which it may otherwise order business in the House next week because it provides that there shall be no votes in the House. I put it to the House that the motion proposed by the Tánaiste is not constitutional and should not be taken in this House. It is unprecedented for any Government to abuse its parliamentary majority by bringing before Parliament a proposal which effectively muzzles it. That proposal and the manner in which it has been presented prevents the House from making a change next week.

Let us suppose an issue arises next week.

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