Seán Ó Fearghaíl (Kildare South, Ceann Comhairle) | Oireachtas source

We will move on to take Leader's Questions under Standing Order 29. Before so doing, I remind Members that during Leader's Questions yesterday, a number of Members sought clarification as to whether it is in order to raise in the House a matter that is currently before a judicial tribunal or commission of investigation. As Members may be aware, Standing Order 59 deals with matters that are sub judice. This is drafted in such as way as to protect the ability of Members to discuss issues of general public importance, even in circumstances where there are proceedings before a judicial tribunal. However, in paragraph 3 it clearly stipulates that "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 Courts or a Judicial Tribunal". It also places an onus on Members to avoid, if at all possible, comment which might, in effect, prejudice the outcome of proceedings.

My predecessors have ruled on this issue previously and in certain circumstances have allowed very limited discussions on matters of public importance, which were being examined by judicial tribunals. In applying Standing Order 59, a delicate balance is to be achieved between, on the one hand, a matter of general public importance to be raised, and on the other ensuring that there is no overt encroachment on the work of a judicial body. It is a balancing exercise that must be conducted on a case-by-case basis, which respects the role of parliamentarians to discuss matters of general public importance, the rights of persons appearing before a tribunal to a fair hearing and the ability of a tribunal to complete its work expeditiously and in accordance with due process. As Chair, my role in applying Standing Order 59 is to ensure that the functions of courts and judicial tribunals are fully respected by this House, and I look forward to the continued co-operation of all Members in that regard.

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