Seanad debates

Tuesday, 30 May 2023

Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (Resumed)

 

1:00 pm

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I will speak on the section. It is important people outside understand this. I put down 12 amendments relating to section 24. They all related to the insertion of the words "maternity hospital". I want to thank the people who engaged externally for me. They were professional people who are very involved in advocacy and the legal advocacy around this Bill. They will be very well known to the Minister. They asked that this be put in and we teased it out at great length. I saw the advice that came with them. The decision was taken but it is important we note that as a result of these amendments being ruled out of order, I have received a lot of correspondence about the role of the Minister versus the role of the Cathaoirleach. I ask the Acting Chairperson to read the reason for this decision to be read into the record. There is provision for that in Standing Orders and I will ask him to do that in a moment.

I want to make it very clear this is not a decision of the Minister. The Minister does not advocate or decide on any amendment before the Seanad. That is a matter for the Cathaoirleach. The Cathaoirleach takes advice, no doubt, and he would be wise to do so but ultimately he took that decision to rule many amendments out of order.

There is much disquiet and misunderstanding outside these Houses as people look in and wonder what is really going on in terms of the political process. However, the political process is the political process. I respect parliamentary democracy and ultimately these decisions are teased out here, and the great thing is that they are teased out in an open and transparent way in this Chamber. There will be other opportunities and days to engage in advocacy for children and people in institutional care outside the parameters of this Bill, and that is right and appropriate.

The basis for much hope and expectation came from Members of the Oireachtas. Members of both Houses raised the expectation among the public that there would be substantial amendments but that did not happen. That is the nature of politics. People make many promises and commitments but they are constrained by many factors. It is for them to explain.

I want to take this opportunity to be clear that the Minister, Deputy O'Gorman, did not rule any amendments out of order in this House and that they were ruled out of order by the Cathaoirleach and, that we will have another opportunity to discuss them.

Finally, I thank the people who engaged on these amendments. I know they are disappointed and upset but that is the reality. I have always said there are many opportunities outside these Houses, and there will be in here in the future, to advocate strongly for these children and to discuss our welfare state and how we account for the way we manage our affairs. Nevertheless, I am conscious of the Minister's point about not wanting to delay the Bill. I do not want to delay it either. There is a hell of a lot of good in it. It is very important legislation and it is only right and proper that the people who are entitled to redress and fit the criteria as set out so far in this legislation will see that delivered for them. I am glad to have had the opportunity to set the record straight on that but, for the benefit of people listening to the debate, I would like clarity as to why the amendments were ruled out of order.

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