Rory Kiely (Fianna Fail)
Link to this: Individually | In context

Before calling on the Leader, I will make a statement for the information of the House on the proceedings of the motion moved by Senator Mansergh last Wednesday. I will not allow the statement to be the subject of comment or debate.

The Chair is the sole judge of order in the House and, where necessary, must rule on matters not covered by Standing Orders. This was the position on Wednesday last. Standing Orders make no provision for confusion of Members about procedures. The Chair must be sure that when the House makes a decision, Senators know what is being decided. Where there is confusion or ambiguity, the Chair will do his best to clarify the situation. On Wednesday last, as soon as Senator Mansergh raised a point of order, it was clear to me that there was a misunderstanding about the questions that had been put and the decision declared as a consequence. In these circumstances the Chair had both the right and the duty to put the question formally in order to clarify the position. This I did as the debate closed. Senator Brian Hayes has written to me on these matters and I will be replying to the Senator later today.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

I ask for a very brief chance to reply to the statement, if I may, Sir.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

I said the statement will not be the subject of comment. I will write to the Senator.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

I respect the rulings of the Chair and have always done so. Given that the Opposition has put the proposition to the Chair that Standing Orders were violently overturned last Wednesday——

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

No.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

We must have an opportunity to reply in public to what happened in public session of the House last Wednesday.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

No, Senator, I am sorry. This must be the end of the matter. I will not allow my ruling to be discussed.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

With respect, Sir, this is not the end of the matter. My group cannot agree to the formulation that the Chair has put to the House this morning.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

I have ruled Senator.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

In the most respectful way I can, and the Chair knows that I respect his rulings——

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

To be respectful, Senator Hayes must accept my ruling.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

The Chair's ruling overturns a decision of the House.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

No, I do not agree.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

It is a very serious matter.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

I have explained my ruling of last week and that is it.

Brian Hayes (Fine Gael)
Link to this: Individually | In context

While I understand the ruling of the Chair, I must say publicly that I disagree fundamentally with the statement the Chair has made to the House because I believe it overturns a decision of this House. Not even the Chair can overturn a decision of this House.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

The Senator is entitled to his opinion.