Pat Moylan (Fianna Fail)

I dealt yesterday with the surly remark made in the House in accordance with Standing Orders 49 and 50 and will allow no further discussion on the matter. I want to put on record that the independence of the courts is enshrined in Article 35.2 of the Constitution which states, "All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law."

Equally, the role of the Oireachtas is set out in the Constitution and it is my duty as Cathaoirleach to ensure this separation of powers is respected in the Seanad. As I stated on election to the position of Cathaoirleach, my approach to Seanad business has been always based on co-operation and consultation. However, this must be balanced with ensuring Members respect other constitutional bodies. I appeal to Members to think twice before making sweeping statements in this House.

I am unable to accept Senator France Fitzgerald's motion.