Joan Burton (Dublin West, Labour) | Oireachtas source

In his statement, the Ceann Comhairle said: "A matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the court or a judicial tribunal."

There was evidence of Standing Order 57(2), but the Ceann Comhairle has made it clear in that statement that his legal advice was guidance in respect of Standing Order 57(3), stating: "A matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the court or a judicial tribunal."

As everybody here is aware, the Ceann Comhairle is responsible for applying standing orders, and he got legal advice. He would have welcomed a debate, which is standard on all commissions of inquiry. We made time in the Dáil schedule in good faith. The former Minister for Justice and Equality made contact with the Ceann Comhairle. The Ceann Comhairle obtained legal advice and that advice guided the decision that he had to make concerning the application of standing orders, having particular reference to Standing Order 57(3).

I suggest that one way of addressing this would be for the Committee on Procedure and Privileges to meet in the context of the standing orders. However, the Ceann Comhairle has made his ruling. We would have preferred a debate, I will be honest about that. That is the reason we tabled it.

The House has to see the bigger picture, which is that Mr. Guerin's report, and the debate and discussion that preceded his being appointed by the Government to scope and examine the issues, raised the most serious issues about the administration of the Garda Síochána and the administration of justice in the State. The Government accepted Mr. Guerin's report and recommendations, and they are reflected in the terms of reference. As we know, other people had different views about some of the terms of reference.

However, the bigger picture is to get on with the work of the commission under the independent judge. Separately, through the Committee on Procedure and Privileges, we can look at the operation or content of Standing Order 57, if that is what the CPP wishes to do.

See this speech in context