Michael McDowell (Independent) | Oireachtas source

I raise proposed business in the House next week, namely, consideration of the Criminal Law (Sexual Offences) Bill, as amended in Dáil Éireann. The Bill was initiated and passed in the Seanad and subsequently amended in the Dáil. It will come back to the House next week. Under the Standing Orders of the Seanad, only amendments that have been made in Dáil Éireann can be considered. As a result, a wholly different Seanad, which includes new Senators such as me, the Leader and others, will be in a position in which we have not had an opportunity to speak on or consider portions of this legislation. Under the Constitution, a Bill that is initiated in Seanad Éireann and amended in Dáil Éireann is considered to be a Bill initiated in the Dáil. We are now in the position that unless we do something, Senators who were not Members of the previous Seanad will not have an opportunity at any point in time to consider sections of the Bill, as passed by Dáil Éireann, which is to be discussed next Tuesday. I have indicated informally to the Leader my unhappiness with this situation.

While the Seanad has the right to amend Standing Orders, if such amendment is proposed by a private Member, I understand it must be taken in Private Members' time. Since this is the final sitting of the House before the next Private Members' business is taken, I will not have an opportunity to initiate a suspension of Standing Orders. However, the Leader has an opportunity to initiate a suspension of Standing Orders to enable the Seanad to discuss sections of the Bill which Senators have not had the opportunity to discuss. In those circumstances, I am raising the matter now lest anybody state he or she has been taken by surprise on Tuesday by what I will have to do in connection with the Order of Business.

It is wrong that legislation passes through both Houses of the Oireachtas where someone in the position of the Leader, who was a Member of the other House before the legislation in question was considered and is now a Member of this House, on foot of a Bill that was considered in this House when he was not here and it is wrong that someone in my position, as someone who has never had an opportunity to speak on the provisions of the Bill, should be deprived of the right to speak and to address the issue. I raise this issue now. There are informal methods by which this issue will be resolved. However, I am not prepared to have it railroaded through the Houses of the Oireachtas on the pretence that it was discussed in this House when it was not discussed here. When a general election takes place, the newly elected Members of this House are entitled, at least once, to vote on every provision in every Bill.