Michael McNamara (Clare, Independent) | Oireachtas source

I will make a point of order. Standing Orders provide that, where there is a substantial amendment made on Committee or Report and Final Stage, the Ceann Comhairle or Cathaoirleach of the committee, as the case may be, may direct that a new explanatory memorandum be provided. In this instance, amendment No. 84, which the Minister moved, runs to some seven pages. There are more than 60 provisions of primary legislation and more than 60 pieces of secondary legislation contained in it, all of which refer to powers to be taken from the directly elected mayor to remain with the director general. Almost all of them are new powers that were not contained in the Bill as initiated or in the Bill as discussed on Committee Stage. By any stretch, this is a substantial amendment.

It is a discretion thereafter whether to order that a new explanatory memorandum be provided or not. The discretion resides explicitly, in accordance with Standing Orders, in the Ceann Comhairle or Cathaoirleach of the committee. I assume, but I am open to a ruling from the Leas-Cheann Comhairle, that her office enjoys a similar power. If so, or if the Leas-Cheann Comhairle rules that her office enjoys that power, I ask that she exercise her discretion to order that an explanatory memorandum be provided. It is important that Deputies are provided with one.

There are occasions when Bills have to be pushed through. However, I can think of only one in the time I have been in this House, which, I acknowledge, is not very long. It was the Irish Bank Resolution Corporation Act 2013, when the State would have been taken to the cleaners by the markets the following morning if it had not been passed. Legislation such as this Bill could be done tomorrow or on Friday, if it needs to be done by Christmas. There is a discretion available to the Ceann Comhairle and I ask the Leas-Cheann Comhairle to rule on it. Once that is done, I would like to take my time to discuss the amendments.

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