Stephen Donnelly (Wicklow, Independent) | Oireachtas source

I move amendment No. 5:

In page 23, between lines 3 and 4, to insert the following:

“(5) Notwithstanding any rules referred to in this section, one quarter of the members of a committee shall constitute a sufficient number of committee members to deem a proposal to have been proposed by a committee.”.

I will discuss amendments Nos. 5, 6 and 7. The amendments have two intents. The first is that in committee, a minority of committee members may refer back to the Dáil the request for a committee of inquiry to be set up. The wording is not perfect. We do not have access to the Attorney General's office. However, let us say if on the Joint Committee on Finance, Public Expenditure and Reform, of which I am a member, a minority believes a committee of inquiry should be set up, a minority vote is enough to send the matter to this House so that it can decide. A minority of committee members is enough to ask the Dáil to consider setting up a committee of inquiry. That is the first intent.

The second intent is that when the Dáil does consider a committee of inquiry, be it a request from a committee or at its own instigation, that if pushed to a vote, a minority of Members of the Dáil would be sufficient to instigate a committee of inquiry. As the legislation stands it requires a 50% vote. The Minister stated in committee that it is his advice that it would be unconstitutional to do that.

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