Gerry Adams (Louth, Sinn Fein) | Oireachtas source

I move amendment No. 1:

To delete all words after “That, with effect from” and substitute the following:“14th January, 2014, and notwithstanding anything in Standing Orders, the following amendments be made to the Standing Orders of Dáil Éireann relative to Public Business until further notice in the 31st Dáil:

(a) Quorum necessary to constitute meeting of Dáil on Tuesday mornings

The substitution of the following for Standing Order 19:

'19. (1) The quorum necessary to constitute a meeting of the Dáil, other than a meeting at which business comprehended by Standing Orders 88(2) and 117A is to be considered, shall be twenty members. [See S.O. 77]

(2) The quorum necessary to constitute a meeting of the Dáil for the purpose of considering business comprehended by Standing Orders 88(2) and 117A shall be ten members.';

(b) Earlier start time

The substitution of the following for Standing Order 21:

'21.(1) Unless the Dáil shall otherwise resolve--

(a) the Dáil shall meet every Tuesday, every Wednesday and Thursday at 9.30 a.m.; according to a schedule to be issued by the Minister of State at the Department of the Taoiseach in the last week of the summer session each year, and

(b) the proceedings on any business under consideration shall be interrupted (or if the Dáil be in Committee, progress shall be reported and leave asked to sit again) and the Dáil shall adjourn--

(i) every Tuesday and Wednesday at 9 p.m.,

(ii) every Thursday at 7.30 p.m., and

Provided that if an Order shall have been made under Standing Order 22, that the hour at which business is to be interrupted be other than that specified in this paragraph, the provisions of this Standing Order with such substitution shall otherwise apply.

(2) If, at the time appointed for the interruption of business as provided in paragraph (1) (b) of this Standing Order, the closure is moved or proceedings under the closure are in progress, the Ceann Comhairle will not effect such interruption until the proceedings under the closure, and on any such further motion as is specified in the Standing Order as to closure [S.O. 66] have been completed.

(3) If, at the time appointed for the interruption of business as aforesaid,

(a) a division is in progress or has been ordered to be taken, or

(b) the debate on an item of business has concluded,

the interruption shall not take place until after the decision has been declared from the Chair. If the decision is on an amendment, or on an amendment to the amendment, after such declaration the Ceann Comhairle shall proceed to put in proper sequence the Questions necessary to bring proceedings to a conclusion.';

(c) Suspension of sitting

In Standing Order 23, to delete paragraph (1);

(d) Leaders' Questions

The substitution of the following for Standing Order 27:

'27. (a) Unless the Dáil shall otherwise order on motion made by a member of the Government or Minister of State, Leaders' Questions shall be taken--

(i) at 4.15 p.m. on Tuesdays, and

(ii) at 10.45 a. m. on Wednesdays and Thursdays,

(ii) on each other day the Dáil shall agree to meet.

(b) During the time allowed for Leaders' Questions, the Ceann Comhairle may permit, at his or her discretion, a brief question not exceeding two minutes from each Leader in Opposition to the Taoiseach about a matter of topical public importance and in respect of which the following arrangements shall apply:

(i) the Taoiseach shall be called upon to reply for a period not exceeding two minutes,

(ii) the Leader in Opposition who asked the original question may then ask a brief supplementary question not exceeding one minute and 30 seconds,

(iii) the Taoiseach shall then be called upon to reply in conclusion for a period not exceeding one minute and 30 seconds.

(c) The Taoiseach may, with the agreement of the Dáil, nominate another member of the Government to take Leaders' Questions in his or her absence.

(d) In this Standing Order, “Leader in Opposition” means the leader of a group as defined in Standing Order 120(1): Provided that the Leader of a party which is a group under Standing Order 120(1)(a) shall have precedence over the designated Leader of a group recognised under paragraph (1)(b) of that Standing Order.';

(e) Topical Issue Debate

The substitution of the following for Standing Order 27A:

'27A. (1) Any member may give notice in writing of a matter which he or she wishes to bring forward for consideration as a topical issue, and this may include matters of a national or international nature. Such matters shall be considered on a Tuesday, Wednesday or Thursday on which the Dáil meets.

Provided that topical issues must reach the Clerk not later than 10 a.m. on a Tuesday, Wednesday and Thursday.

(2) The Ceann Comhairle shall select a maximum of six such matters for consideration on each Tuesday, Wednesday and Thursday: Provided that the matters selected must relate to public affairs connected with a Department of State or to matters of administration for which a member of the Government or Minister of State is officially responsible (including bodies under the aegis of a Department of State in respect of Government policy).

Provided further that where, in exceptional circumstances, the member of the Government or Minister of State officially responsible for the matter is not available on the day, the available member of Government or Minister of State shall so inform the member who has given notice within 30 minutes of receiving the notice of the matter.

The available Minister shall also inform the member who has given notice of the date on which the officially responsible member of the Government or Minister of State will be available. The member who has given notice shall then be given the option to--

(a) defer consideration of the matter to the next day on which the officially responsible member of the Government or Minister of State will be available, when it will be the first matter to be taken, or

(b) proceed with the matter on the day with the participation of an available member of the Government or Minister of State;

Provided further that where a matter has been deferred to a particular day, the number of matters to be selected on that day shall be reduced according to the number of deferred matters.

Provided further that where a matter has been deferred, that a replacement topical issue request from another member is selected and taken that same day, thus ensuring that SO27A(2) is complied with and six topical issues are proceeded with.

(3) Matters selected by the Ceann Comhairle shall be considered--

(a) on Tuesdays, immediately after the order of business,

(b) on a Wednesday at 2.30 p.m., and

(c) on Thursdays, at 1.40 p.m.

(4) Consideration of each topical issue shall consist of--

(a) a statement by the member who has given notice which shall not exceed 3 minutes,

(b) a statement in reply by a member of the Government or Minister of State, pursuant to paragraph (2), which shall not exceed 3 minutes,

(c) a further statement by the member who has given notice which shall not exceed 2 minutes, and

(d) a concluding statement by the member of the Government or Minister of State concerned which shall not exceed 2 minutes:

Provided that where the Ceann Comhairle has selected a matter of which valid notice has been given by more than one member and he is of the opinion that the number of members sharing time would result in insufficient time for each member to make an adequate contribution, he may, subject to paragraph (2), select fewer than four matters and aggregate the time that would ordinarily be assigned to two or more topical issues;

Provided further that--

(i) where the time allowed for such matters is aggregated, the total times allowed for the initial and further statements of members who have given notice, and of the member of the Government or Minister of State replying, shall be adjusted at the discretion of the Ceann Comhairle, and

(ii) the total time allowed for consideration of topical issues on any day shall not exceed 60 minutes;

Provided further that where topical issues on the same matter have been aggregated, and where the member of Government or Minister of State who is officially responsible for the matter is not available on the day, if any of the members who have been selected on the matter wish it to be deferred, then the matter shall be deferred;

Provided further that the Dáil shall not divide on any matter arising out of consideration of topical issues.

(5) A list of the matters in respect of which notice has been given under this Standing Order and the name of the member concerned in each case shall be printed in the Official Report of the Debates.

(6) The Ceann Comhairle shall have regard to requests made pursuant to Standing Order 40A(7) in selecting matters in accordance with this Standing Order.';

(f) Routine of Business

The substitution of the following for Standing Order 28:

'28. (1) Subject to Standing Order 26, the ordinary routine of business in the Dáil on Tuesdays, Wednesdays and Thursdays shall be as follows:--

1. *Questions, Leaders' Questions and topical issues.

2. Private Business.

3. Public Business--

(i) At the commencement of Public Business--

(a) Motions in relation to reports from Committees given priority under Standing Orders 102A, 105, 106 or 107.

(b) Other reports from Committees.

(c) Messages from the Seanad.

(d) Bills from the Seanad.

(e) Initiation of Bills.

(f) Notices of Motions.

(ii) Orders of the Day.

(2) Other than when the Dáil meets to consider business comprehended by Standing Orders 88(2) and 117A, the ordinary routine of business in Private Members' time [S.O. 117] shall be as follows:--

(i) Adjourned Business given priority under Standing Orders.

(ii) Other Business ordered.

(iii) Other Notices of Motions.';

*Subject to the provisions of Standing Orders 27, 27A and 36.

(g) Changed deadlines for Questions

The substitution of the following for Standing Order 33:

'33. Questions to a member of the Government must be in writing. A Question must reach the Clerk not later than 11 a.m. on--

(a) the third day preceding the day on which it is to be asked if an answer is to be provided in the Official Report of the Debates [S.O. 40(2)],

(b) the fourth day preceding the day on which it is to be asked if it is nominated for priority [S.O. 39], or if it is an ordinary oral Question [S.O. 38], not reckoning a Saturday, Sunday, or public holiday.

Provided that Questions relating to matters of urgent public importance may, by permission of the Ceann Comhairle, be asked on private notice. Such Questions must be in writing and must reach the Clerk not later than 11.30 a.m. on the day on which they are to be asked.';

(h) Questions not to be repetitive of topical issues

In Standing Order 35, in paragraphs (3) and (4), the deletion of 'or in response to a matter raised under Standing Order 27A';

(i) Time for Questions

The substitution of the following for Standing Order 36:

'36. (1) Unless the Dáil shall otherwise order on motion made by a member of the Government or Minister of State--

(a) Questions for oral answer to the Taoiseach may be taken for one hour at 3.15 p.m. on Tuesdays.;

(b) Questions for oral answer to other members of the Government shall be taken--

(i) from 2 p.m. to 3.15 p.m. on Tuesdays, and

(ii) from 9.30 a.m. to 10.45 a.m. on Wednesdays and Thursdays.

Provided that Questions asked on private notice may be taken by permission of the Ceann Comhairle and shall be asked for 30 minutes immediately after the order of business on Tuesdays, for 30 minutes immediately before Private Members' time on Wednesdays, and during the 30 minutes before the taking of topical issues on Thursdays.

(2) The time allowed for Questions nominated for priority for any one day shall not exceed 30 minutes.';

(j) Repetition not to apply in relation to topical issues

In Standing Order 56, paragraph (1), the insertion of ': Provided that in determining whether a discussion is out of order on the ground of repetition, the Ceann Comhairle shall disregard discussion of any matter during the debate on a Topical Issue' after 'preceding six months';

(k) Drafting amendment to Standing Order 57(4)

In Standing Order 57, paragraph (4), the substitution of 'Standing Order 27A' for 'Standing Order 21';

(l) Post-enactment consideration of legislation

In Standing Order 82A, paragraph (4), the insertion of the following after subparagraph (e):

'(ea) reports under Standing Order 141A by members of the Government or Ministers of State on Bills which have been enacted in the previous 12 months,';

(m) Power to require reports for post-enactment consideration of legislation

In Standing Order 83, the insertion of the following after paragraph (6A):

'(6B) power to require that a member of the Government or Minister of State who is officially responsible for the implementation of an Act shall attend before the Select Committee in relation to consideration of a report under Standing Order 141A;';

(n) Debating of reports from Committees

The substitution of the following for Standing Order 88:

'88. (1) Where a Standing, Select, Special or Joint Committee, as the case may be, makes a report containing a request that the report be debated by the Dáil, a motion to consider the report shall, as soon as practicable after the adoption of the report by the Committee, be placed on the Order Paper: Provided that any such motion which is not moved within twelve months from the date on which it was first placed on the Order Paper shall be deemed to have lapsed, but without prejudice to the right to put down such motion again.

(2) The Committee Chairman may give notice that he or she wishes to bring forward for consideration on a Tuesday morning in accordance with Standing Order 21(1)(a), a Committee report that has been laid before the Dáil and in respect of which a motion to consider the report is listed on the Order Paper: Provided that such notice shall be received by the Clerk not later than 11 a.m. on the third preceding Friday. Further provided that, once notice has been given in respect of a report for Tuesday, such notice will stand for each subsequent Tuesday morning*, until the report is selected for consideration or the Committee Chairman indicates to the contrary.

(3) The time allowed for the debate on the motion to consider the report shall not exceed a period of two hours in the aggregate.

Provided that the following time limits and sequence of speakers shall apply to the debate:

(a) the speeches of--

(i) the member proposing the motion who shall be the Chairman of the Committee or another member of the Committee nominated in his or her stead, and

(ii) a member of the Government or Minister of State, who shall outline the Government's response to the report, including the Government's response to any recommendations contained therein,

shall not exceed 15 minutes in each case;

(b) the speech of each other member called upon shall not exceed 10 minutes;

(c) a member of the Government or Minister of State, who may speak twice, shall be entitled to make a speech immediately before the reply by the proposer, which shall not exceed 10 minutes;

(d) the proposer shall be entitled to not more than 10 minutes for a speech in reply;

and

(e) all members shall be entitled to share their time.';

*Subject to the provisions of Standing Order 28(3).

(o) Allocation of time between Government business and private members' business,

and divisions on Tuesday mornings to be postponed

In Standing Order 117--

(a) the substitution of the following for paragraph (1)(b)(ii):

'(ii) on Tuesday mornings in accordance with Standing Order 21(1)(a), to one Bill initiated by a private member, selected for consideration pursuant to Standing Order 117A, and one Committee report, selected pursuant to Standing Order 88, or in the event no Committee report is available for consideration, to two Bills initiated by private members and selected pursuant to Standing Order 117A.';

and

(b) the insertion of the following paragraph before paragraph (2):

'(1A) The Ceann Comhairle shall, where a division has been demanded on a sitting on a Tuesday morning in accordance with Standing Order 21(1)(a), postpone the taking of such division until immediately after that afternoon's Order of Business.';

(p) Tuesday Mornings: private members' Bills

The substitution of the following for Standing Order 117A:

'117A. (1) Any member other than a member of the Government or Minister of State may give notice that he or she wishes to bring forward for consideration, on Tuesday mornings in accordance with Standing Order 21(1)(a), a Bill that has been initiated by him or her and that is listed on the Order Paper at Second Stage or order for Second Stage: Provided that such notice shall be received by the Clerk not later than 11 a.m. on the third preceding Friday. Further provided that, once notice has been given in respect of a Bill for any Tuesday morning, such notice will stand for each subsequent Tuesday until the Bill is selected for consideration or the member sponsoring the Bill indicates to the contrary.

(2) Where notice from more than one member has been received in respect of any

Tuesday morning, a Bill to be considered shall be determined by lottery, at which

members may attend. Provided that such lottery shall take place on the third preceding

Friday.

(3) Any Bill to be considered on a Tuesday morning pursuant to this Standing Order and

Standing Orders 28 and 117 shall be set down for Second Stage and the time allowed

for the debate on the motion for second reading shall not exceed a period of two hours

in the aggregate:

Provided that the following time limits and sequence of speakers shall apply to the

debate:

(a) the speeches of--

(i) the member proposing the motion for the second reading of the Bill, and

(ii) a member of the Government or Minister of State,

shall not exceed 15 minutes in each case;

(b) the speech of each other member called upon shall not exceed 10 minutes;

(c) a member of the Government or Minister of State, who may speak twice, shall be

entitled to make a speech immediately before the reply by the proposer, which

shall not exceed 5 minutes;

(d) the proposer shall be entitled to not more than 10 minutes for a speech in reply;

and

(e) all members shall be entitled to share their time.';

(q) Time for Bills on Tuesday mornings, and putting the question on private Members' business

In Standing Order 121--

(a) in paragraph (2), the substitution of 'The time allowed for the debate on the motion for the second reading of a Bill initiated by a private member, other than a Bill to be considered on a Tuesday morning [See S.O. 117A], shall not exceed a period of six hours in the aggregate.' for 'The time allowed for the debate on the motion for the second reading of a Bill initiated by a private member, other than a Bill to be considered on a Tuesday morning [See S.O. 117A], shall not exceed a period of six hours in the aggregate.';

and

(b) the insertion of the following paragraph after paragraph (2):

'(2A) If a member claims to move, “That the question be now put” prior to the expiration of the said periods in paragraphs (1) and (2), such motion shall not be allowed if it appears to the Ceann Comhairle that it is an infringement of the rights of a minority, or that the question has not been adequately discussed, or that the motion is otherwise an abuse of these Standing Orders.';

(r) Pre-legislative consideration

The insertion of the following new Standing Order before Standing Order 124:

'123A. Prior to its presentation or introduction to the Dáil, the general scheme or draft heads of a Bill shall, save in exceptional circumstances [see also S.O. 125], be given by a member of the Government or Minister of State to the Committee empowered under Standing Order 82A to consider Bills published by the member of the Government.';

(s) Two-minute statement on introduction of Bill

In Standing Order 124, the substitution of the following for paragraph (2):

'(2) Any member may move for leave to introduce a Bill. The Ceann Comhairle shall permit that member to make an explanatory statement thereon not exceeding two minutes in length. If such motion be opposed, the Ceann Comhairle shall permit in accordance with paragraph (4) an explanatory statement not exceeding five minutes in length from the member who moves and from a member who opposes the motion before he or she puts the question thereon. If leave to introduce the Bill is given, an Order shall be made for its second reading and the Bill shall be printed.';

(t) Speaking times on second reading

In Standing Order 125--

(a) the substitution of the following for paragraph (3):

'(3) Unless the Dáil shall otherwise order, the speech of--

(i) the member of the Government or Minister of State proposing the motion for the second reading of the Bill, and

(ii) the main spokesperson nominated by each of the groups, as defined in Standing Order 120, shall not exceed 20 minutes in each case; or 5 minutes in the case of a member who is the Chairman or vice-Chairman of the Committee appointed to consider Bills in respect of the relevant Government Department, or a member of the Committee nominated in their stead, speaking in relation to that Committee's pre-legislative consideration of the Bill; and the speech of any other member in the course of the debate shall not exceed 10 minutes. Provided that for the purposes of this Standing Order a party which is a group under Standing Order 120 (1)(a) shall have precedence over a group recognised under paragraph (1)(b) of that Standing Order;

Provided further that a member who is the Chairman or vice-Chairman of the Committee appointed to consider Bills in respect of the relevant Government Department, or a member of the Committee nominated in their stead, may only make a speech pursuant to this Standing Order where the Bill has been the subject of pre-legislative consideration under Standing Order 123A. Provided further that such contribution shall not preclude a further contribution in a personal capacity by that member in the course of the debate;

Provided further, in the event the pre-legislative consideration under Standing Order 123A has not taken place, that the member of the Government or Minister of State proposing shall give the reason therefore during his or her opening remarks. Such member of the Government or Minister of State, or such other member as he or she may authorise in that behalf, shall be also entitled to not less than 10 minutes, and not more than 15 minutes, for a speech in reply.',

and

(u) Post-enactment consideration of legislation

The insertion of the following new Standing Order before Standing Order 142:

'141A. Twelve months following the enactment of a Bill, save in the case of the Finance Bill and the Appropriation Bill, the member of the Government or Minister of State who is officially responsible for implementation of the Act shall provide a report which shall review the functioning of the Act and which shall be laid in the Parliamentary Library.'.”.

It is clear that these proposals fall far short of the radical reform the political system needs and that citizens want to see. They are operational adjustments to existing Dáil functions. Some of them are improvements, but they are minimal. What is needed is better democratic representation, governance, transparency, accountability and oversight. The Chief Whip has acknowledged that the Government's record on Dáil or political reform is deplorable.

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