Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

He has not spoken on the issue I wish to raise. We have already dealt with that matter and it has been dispensed with in the Dáil. This issue concerns item 3a and I ask for the Ceann Comhairle's guidance. Motions have been tabled by the Sinn Féin Party on annulling a statutory instrument on penalty points, which was overturned by the courts and found to be unconstitutional in two cases in January. The Ceann Comhairle will understand more than most of us that statutory legislation can be annulled by a simple majority of this House, but that can only be done within a certain timeframe. When will this House allow Deputies to fulfil their legal responsibility to table a motion to annul a statutory instrument and have it debated and voted upon?

I wish to make it clear that if we continue with this situation where we meet time and again without being allowed to debate the motions that are before us, our legal entitlement to place a motion to annul a statutory instrument will be denied by the House and we will have to seek recourse in the courts to address that if we are not facilitated in so doing. The Ceann Comhairle understands that unless we allow a debate on this issue within the timeframe set down by law, this Parliament will be acting illegally by preventing elected Members who have tabled such a motion from having it discussed and voted upon. This is third time I have raised this issue. It is supported by Independents, the Fianna Fáil Party and others and the matter should be discussed. There is space in the business ordered for tomorrow for it to be discussed. Will the Ceann Comhairle outline to the Deputies who have tabled such a motion how the Dáil will act legally by allowing those Members who disagree with the statutory instrument, which was brought in on 1 March by the Minister, Deputy Coveney, to have it debated and potentially annulled if the Dáil so wishes?

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