Joe O'Toole (Independent)

Apart from the points I have made, in terms of normal parliamentary convention or organisational convention, the power to establish sub-committees has always been vested in a committee. The only people who can be members of a sub-committee are the existing members of the committee. What we could do today is appoint additional members to the select committee and, accordingly, to the joint committee, and then let the joint committee set up a new sub-committee, which is perfectly in order. Our actions today are open to challenge. They are not within our powers under Standing Orders or under the Standing Orders of the Dáil. One cannot give powers and then take them back, unless the option is to take from the joint committee the power to establish a sub-committee.

I do not wish to create a problem for the Leader or the Cathaoirleach, but there is a significant problem with this issue. Last year we gave away powers to establish committees twice in the one motion, first, to the select committee, comprising Seanad Members and then to the joint committee, made up of the two select committees meeting together. We are purporting to set up a sub-committee of the joint committee despite having giving away the power to do so. It will not work. There is another technical way to deal with this matter. It should not prove difficult if we simply appoint additional people to the joint committee and take it from there.