Enda Kenny (Mayo, Fine Gael) | Oireachtas source

This is a matter of considerable importance. The Government decided, following the receipt of the Guerin report into matters relevant to the Cavan-Monaghan Garda district, that there should be a commission of investigation. The Government considered this and accepted the terms of reference as put forward by Mr. Guerin, and they are all included in the terms of reference setting up this commission.

The Government was happy to have a debate on the terms of reference. However, the Deputies have to understand that the Ceann Comhairle, in his independence, rules in respect of the Standing Orders of the House. The Ceann Comhairle wrote to the Minister for Justice and Equality on 27 January pointing out a number of relevant matters. The Ceann Comhairle pointed out to the Minister that the overall purpose of Standing Order 57 is to facilitate matters of public importance, even where court proceedings have been initiated.

He pointed out in his letter that they are subject to five conditions which are relevant to Standing Order 57. He further pointed out that in pursuance of that Standing Order, he as Ceann Comhairle has the power to allow or disallow a debate on a matter that is sub judice. The Ceann Comhairle considered the matter very carefully. He considered the text of the motion tabled by the Minister for Justice and Equality, as set out. He formed the view that the motion fell within the scope of Standing Order 57, specifically Standing Order 57(3), of which Deputies will be aware.

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