Joe O'Toole (Independent)

Yes, it is a moral question.

I want to bring something to the attention of the Minister and the Department of Foreign Affairs. The way we select these people is through the Committee of Selection in both Houses. Standing Order 88 states, "There shall be appointed at the commencement of every Seanad a committee to be known as the Committee of Selection, which, unless it shall have been otherwise ordered [in other words, unless we change the orders of reference of that committee, which we have not done] shall nominate the Senators to serve on Select or Special Committees ...". It does not have the authority to appoint people to sub-committees or to any other committees. I am a member of that committee and if this issue is forced through the House, I will have no option but to ask that we consult with the Parliamentary Counsel.

This is the type of issue on which we would make fools of ourselves but there are ways around it. We can either establish a special committee, which is the easiest option, or, if the Minister wants an additional five people on the Joint Committee on European Affairs, he should appoint five people to that committee and they will do the business for him but we must do it right. We should not leave ourselves open to the charge of acting ultra vires. The Oireachtas cannot afford to do that and in this regard we cannot afford to do it.

I ask the Minister to listen to my view. We do not have a problem with the first motion. The second motion is ultra vires and should be ruled out of order. I ask the Cathaoirleach to consider whether it is in order in the light of what I have just said.