Paul Murphy (Dublin South West, RISE) | Oireachtas source

Not agreed. I will restate the essential point that the Standing Order very clearly does not envisage a situation where an Article 35 motion could be put, would simply sit on the Order Paper and would then lapse after a period. It is clear that it envisages a situation where there are two options at that first stage. Either the motion is rejected and that is the end of the process or a motion to adjourn the debate is passed and then, within five days, a select committee has to be appointed. Deputy Mac Lochlainn's point is crucial because if we did not happen to have Private Members' time within five days of putting the motion, or if a Member was not part of any grouping, as is his or her right, or if it was a back bench Government Deputy, then, according to the interpretation that you have, a Cheann Comhairle, and I accept that others are informing you but ultimately it is your decision in terms of the interpretation and it is our right to challenge it, there is no mechanism for them to seek to initiate a process to remove a judge, and that is a very problematic interpretation. We think our rights are being cut across and blocked in this case, but we also think that the rights of other Deputies in future would be cut across by such an interpretation.

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