Seanad debates

Wednesday, 10 December 2008

10:30 am

Photo of Joe O'TooleJoe O'Toole (Independent)

The question of taking motions without debate has regularly arisen in this House. For the benefit of Members, I will explain the long-standing protocol. There is agreement that a proposal to refer a matter to committee will always be taken without debate on the basis that Members of the House can sit in any joint committee where the issue may be discussed. According to convention, when the matter comes back from committee, a Member is entitled to raise it here if he or she genuinely feels it was not adequately addressed, although the arguments made in committee should not be simply rehearsed. However, motions such as the one before the House today, which is neither coming from nor going to committee, should be discussed among the leaders' group on Tuesdays to determine whether Members desire a debate. Senator Regan raised this issue a few times and I agree with his arguments. It is bad to get into the habit of taking motions without determining whether somebody wishes to discuss them.

It does not give me pleasure to be disruptive to this House. At the end of the day, these matters fall on the Cathaoirleach's lap. I believe we have been treated with disdain and contempt in regard to the Order of Business, although I do not know if that was the Leader's intention. We have held long debates on the importance of the Order of Business. It is the most energised, well attended and relevant part of the day's business for both sides of the House. It is, therefore, unacceptable that it should be lost or threatened in any way.

When we made this point last week, the Cathaoirleach adjourned the House so that a group of us could find a solution. In deference to the Leader, who said that he made arrangements which he could not change, we conceded to the arrangements for last Friday on the basis that the matter would be reviewed before this week's sitting on Friday. We acted in good faith, despite having difficulties with the proposal. However, before we had the opportunity to discuss the matter — it was agreed we would discuss it on Tuesday — the schedule issued for this week which did not include an Order of Business on Friday. I cannot do business on that basis. Irrespective of whether the Leader intended that outcome, I find it contemptuous. Advantage was taken of the good nature with which we approached the matter. We have always endeavoured to be co-operative, but the proper way to do business involves consulting and discussing before making decisions.

If I shake hands on an agreement, it is written in blood, and I am prepared to live with the downside as well as the upside of my decision. What is happening here is undemocratic. The Cathaoirleach called at least three meetings of the Committee on Procedure and Privileges to discuss an extension of the Order of Business from 40 minutes to 45 or 50 minutes. How does that sit with the Leader who dismisses the entire Order of Business without discussion? It is not logical and I am not sure whether the Leader has thought his way through the matter.

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