Dáil debates

Thursday, 29 January 2015

12:45 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

The action concerned is not before a jury. How does a debate often start? The Ceann Comhairle or Leas-Cheann Comhairle states "notwithstanding anything in Standing Orders". That could have happened yesterday. The Leas-Cheann Comhairle or the Acting Chairman could have squared off the issue pertaining to Deputy Shatter's legal representations by warning Members not to say anything that might impinge on the courts and by putting the onus of responsibility on the Members. That has happened on countless occasions in this House, but it did not happen yesterday. The Ceann Comhairle had made his ruling.

It is without question that the ruling was totally disproportionate. Not only that, but it was against the spirit of why the Standing Order was introduced on day one. In my understanding, there was a particular reason dating back to the 1980s, namely, to ensure that the House could never be gagged again. Ultimately, the House is master of its own procedures. The idea that a parliamentary assembly could be silenced by a judicial review or a writ taken by a Member of the House is the very antithesis of parliamentary democracy as we know it. If all of us cherish what this Parliament is about, we should urgently seek a review of the ruling on yesterday's absence of a debate pertaining to the establishment of the commission of investigation. We should all be united in having self-respect and self-esteem in our role as parliamentarians and ensure that this never happens again.

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