Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Ceann Comhairle pointed out to the Minister that he had come to the conclusion that the motion was not in order for debate and that he would intend to rule accordingly if the arrangement for debating the motion was to be persisted with. He went on to say he was quite prepared to allow the motion to be moved without debate as this would obviate any risk of encroachment by Dáil Éireann on the functions of the court, which is the relevant issue under Standing Order 57(3). He went on to point out the necessity to respect the separation of powers established in Article 6 of the Constitution and to suggest that the Minister should understand the basis for his decision.

I received the letter from Deputy Martin at 12.38 p.m. today. That is just a while ago. Deputy Martin pointed out that he was respectfully requesting that the motion be withdrawn until a debate on its contents could take place. The point is that the Ceann Comhairle, in his independence, has ruled here in respect of Standing Orders that he considers that a debate on the terms of reference cannot take place. For that reason, it is not a case of withdrawing the motion tabled by the Minister for Justice and Equality to set up the Guerin inquiry. The Ceann Comhairle has ruled independently that a debate cannot take place. That is his interpretation of Standing Order 57(3).

Deputy Adams made the point that he is not taking issue with the Ceann Comhairle. Neither am I. The Ceann Comhairle is completely independent in his rulings on the Standing Orders of the House. The Government set out to set up the Guerin inquiry and to have debates on the terms of reference. They are there for everybody. There is no point in withdrawing the motion as the Ceann Comhairle has ruled that no debate can take place because of Standing Order 57(3), which he considers to be infringed on by the terms of reference. As Deputies are aware, it is not a case of an argument here about the Government not wanting this to happen, or not wishing not to have a commission of investigation.

The Ceann Comhairle has ruled here. He is the sole interpreter, in his independence, of the Standing Orders of the House. I regret from that point of view that it is not possible to have a debate on this. Therefore, I wish to set up the Guerin inquiry, in accordance with the terms of reference that have been set out, so that it can set about its work in dealing with the matters brought to light by the sergeant involved in the Garda district involved.

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