David Norris (Independent) | Oireachtas source

I refer to my motion that Seanad Éireann requests the Committee on Procedure and Privileges, CPP, to delete Standing Order No. 41 that prevents the Seanad from accepting amendments that create a charge on the Exchequer. I have received a note from the Cathaoirleach's office, on the advice of the Clerk. It states:

I regret [...] to have to rule that your motion in relation to the removal of Standing Order 41 is out of order on the basis that Standing Order 98 tasks the Committee on Procedure and Privileges with recommending "any additions or amendments to Standing Orders that may be deemed necessary". As you know, the Committee has already been asked by you to consider a proposal in respect of Standing Order 41.

This is the most farcical ruling I have ever come across in a long career in Seanad Éireann. It is utterly inane. The very reason I sent the request to the CPP is because it is the committee that has the function of doing this. For what other reason would one send the request? It is linguistically, grammatically and legally utter nonsense to make such a ruling. I have consulted very widely legally on this. A senior counsel, a former Attorney General of this State, and the legal officer of the Labour Party have all agreed that this is utter, classic nonsense. It is wrong. It is an incorrect ruling.

I have already said that the 1922 committee, under the 1922 Constitution, had no such restriction on the powers of Seanad Éireann. I have been advised that a simple motion in my name and in the names of other Senators to delete this Standing Order would be legally appropriate and that Seanad Éireann could do it, regardless of the CPP. In deference to the CPP, however, and in deference to Leas-Chathaoirleach and the Cathaoirleach, I put in a request. If one is not able to request something then there is no point in continuing.

Professor Gary Murphy of DCU has recently called for the abolition of the Seanad again, precisely because there has been no reform of any kind whatever; not a single stitch. This request is a significant reform that we could point to. All we are looking for is the right to debate issues. Every single Member of this House has complained about this restriction at one time or another.

I have received support in this regard, for which I am extremely grateful, from the entire Fianna Fáil Party, from the Sinn Féin Party, from the Labour Party and from the two sections of Independents in this House. That is very significant. I very much hope that my friends and colleagues in Fine Gael would find the courage to do the same and support this. It is actually a slavish following, with no argument, of a British parliamentary precedent. We are a republic. We should be prepared to take this on. I will be pushing this. I understand it is to be discussed at the next meeting of the CPP in May.I very much hope that we will take a firm decision and make this small expansion of the powers of Seanad Éireann as a significant measure of reform.