Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

A Cheann Comhairle, just before we move to Government business, can I raise a point of order?

I attempted under Salient Ruling 51 to raise a point of order on numerous occasions yesterday, which allows me as a Member of the Dáil to raise it before a question is put. I would like it to be heard now. The concern I have is that as Members of this House, one of the most important functions we have is the passage of legislation. We have a crucial legislation that will take a step forward later on, namely, the Údarás na Gaeltachta (Amendment) Bill. It will allow for democratic elections across the State. I have serious concerns about whether the Order of Business was actually passed yesterday. I put it to the Ceann Comhairle that I am asking for a direction and determination, maybe on the basis of legal advice as well, because I have now reviewed the audio of what transpired yesterday. The Ceann Comhairle clearly put the question. The Chief Whip agreed the question. The Ceann Comhairle declared the question carried and there was a clear call for a vótáil. Under Standing Order 85(2), when a division is called, a division has to be carried out.

I question whether the Ceann Comhairle has failed to fulfil her independent and impartial duty to allow that division to take place, which is now clearly on the Oireachtas website. The word “vótáil” stands out. Therefore, what is the legal basis for legislation that may be passed in this House later today, never mind what happened yesterday?

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