Dáil debates

Wednesday, 30 March 2011

10:30 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

I have not seen the Fianna Fáil motion. I have seen the motion of censure from Sinn Féin which is on the Order Paper. This House does not have the constitutional authority to deny anybody access here if he or she is elected by an electorate from whatever part of the country. I will certainly give consideration to a motion of censure but if Deputy Martin believes that passing a motion about any Deputy, irrespective of the circumstances in which he or she finds themselves, has constitutional authority, I can inform him it does not. The Constitution dictates and sets out the conditions and circumstances under which persons are debarred from attending in the House as elected representatives.

The Moriarty tribunal is the subject of a further discussion today. The report is divided into two parts, findings and conclusions. In respect of the findings, the Government has sent the report to the Garda, the Revenue Commissioners and the Director of Public Prosecutions, these being the competent authorities. In addition, as part of the programme for Government, in advance of the Moriarty report being published, the Government set out a number of areas in which it wishes to take decisive action, including the banning of corporate donations. In respect of the findings and the conclusions of the Moriarty report, as I said yesterday, I have referred these to the relevant Departments in order to have their replies within four weeks on how they propose these findings and conclusions could be implemented. The debate continues today and there will be a further opportunity for Deputy Lowry to contribute. The Minister for Communications, Energy and Natural Resources will conclude the debate. During the course of the day I will give consideration to a motion of censure but a motion calling for the resignation of any Deputy is invalid in that the Constitution sets out the circumstances in which a person might not be able to attend this House. Motions of censure have been passed in the past and have been tabled by my party and I will give this my consideration today.

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