Committee Reports::Report of the Committee on Standing Orders (Dáil Éireann)::21 November, 1922::Appendix

DÁIL EIREANN.

(Páirlimint Shealadach).


BUAN-ORDUITHE.

(STANDING ORDERS.)


AN DARA DREACHT.

(SECOND DRAFT.)


CEANN COMHAIRLE.

1. No Minister or Director of a Department may act as Ceann Comhairle or Leas-Cheann Comhairle.


2. The Term of Office of the Ceann Comhairle and of the Leas-Cheann Comhairle shall be that of the Dáil, provided that the Dáil may, at any time, by special resolution, remove either the Ceann Comhairle or the Leas-Cheann Comhairle.


3. In the case of the absence of the Ceann Comhairle and the Leas-Cheann Comhairle the Dáil may appoint a Teachta to act as Ceann Comhairle for the time being.


ADMISSION OF TEACHTAÍ.

4. Every Teachta, on attending a Session of Dáil Eireann for the first time, shall present himself to the Ceann Comhairle and shall, upon being called upon by the Ceann Comhairle, during the Session of the Dáil, publicly sign the Roll, and shall thereupon become entitled to sit and vote.


LANGUAGE.

5. All proceedings of Dáil Eireann shall be conducted through the medium of the Irish or English language.


6. All orders and official documents shall be issued in the Irish and English languages.


SUMMONS TO DÁIL EIREANN.

7. The Ceann Comhairle shall publish at least three clear days before the opening of each ordinary Session of the Dáil, a notice, which shall state the place, date and hour of opening the Session. If the Dáil be summoned for an earlier date than that fixed on the prorogation or adjournment, the summons shall also state the reason for such earlier Session.


QUORUM.

8. For the transaction of business in Dáil Eireann the presence of at least twenty Teachta shall be necessary.


9. If, at any stage in a Sitting of Dáil Eireann, any Teachta calls the attention of the Ceann Comhairle to the fact that there are less than twenty Teachta present, the Ceann Comhairle, should he be satisfied on a count that there is not a quorum, shall adjourn the Dáil until the next ordinary sitting.


SITTINGS OF DÁIL EIREANN.

10. While Dáil Eireann is in Session it shall meet at 3 o’clock, p.m., punctually, on Tuesdays, Wednesdays, Thursdays and Fridays of each week, unless the Dáil shall otherwise order. At 8.30 o’clock, p.m., the Ceann Comhairle shall adjourn the Dáil without question put, unless the Dáil shall otherwise resolve.


AGENDA.

11. Every sitting of Dáil Eireann shall be governed by a printed Agenda, which shall be prepared by the Ceann Comhairle. The business shall be dealt with in order as printed, except when consideration of the Agenda shall be suspended in accordance with the provisions furnished elsewhere in these Standing Orders. The President of the Ministry shall have power to determine the order in which Government business shall appear on the paper.


12. All motions to be put on the Agenda for any day shall be handed to the Clerk in writing, signed by a Teachta, not later than 11 a.m. on the fourth preceding day. Such [motions, if accepted, shall forthwith be published to the Dáil.


All amendments to such motions, to be put on the Agenda for the same day, shall be handed to the Clerk in writing, signed by a Teachta, not later than 11 a.m. on the second preceding day.


13. The Agenda for each day shall be posted to the Dublin address of each member so as to arrive not later than the first post on the morning of that day. It shall contain the text of all questions to be asked of Ministers and of all motions to be proposed (save such as these Standing Orders elsewhere allow to be proposed without notice). It shall also contain the text of all amendments, whether to motions or bills, intended to be proposed in the Dáil or in the Dáil sitting in Committee.


14. The Ceann Comhairle may, at the request of a Teachta, suspend consideration of the Agenda for the discussion of an urgent matter of national importance, provided that the Ceann Comhairle is of opinion that the matter is urgent and of sufficient national importance, and provided further that, on a show of hands, the request has the support of not less than twelve Teachta. Such requests can only be made at the end of Questions, and before the Dáil shall have entered upon the other business of the day.


15. If leave be given to suspend consideration of the Agenda for the discussion of an urgent matter of national importance, such matter shall stand over until 7 o’clock, p.m., on the same day, when it shall come before the Dáil on a motion for the adjournment of the Dáil till the next day on which it would ordinarily have met.


QUESTIONS.

16. Questions must be handed in writing to the Clerk not later than 3 o’clock, p.m., on the second preceding day before that on which they are to be asked, but no Question shall be handed in on a Saturday or Sunday, provided that Questions relating to matters of urgent public importance may, by permission of the Ceann Comhairle, be asked on private notice to a Minister.


17. Questions addressed to a Minister must relate to public affairs connected with his Department, or to matters of administration for which the Ministry is officially responsible.


18. The Ceann Comhairle shall examine every Question, in order to insure that its purpose is to elucidate matters of fact or matters of policy, that it shall be as brief as possible, and that it shall contain no argument or personal imputation upon a member. The Ceann Comhairle may amend any Question, after consultation with the Teachta responsible for the Question, to secure its compliance with the Standing Orders. Should the Teachta responsible for the Question object to such amendment he may withdraw the Question.


19. All Questions shall be taken directly the Dáil shall sit, and before the Dáil shall enter upon any other business.


20. If any Question be not reached by 3.30 o’clock, p.m., the Minister to whom it is addressed shall cause an answer to be provided in the Official Report of the Dáil, unless the Teachta responsible for the question has signified his desire to postpone the Question.


21. Any Teachta who does not desire an oral answer to his Question may distinguish it by an asterisk, in which case the Minister to whom it is addressed shall cause an answer to be provided in the Official Report of the Dáil.


22. A Question may be asked by the Teachta in whose name it stands, or, if he is absent when the Question is called, by any other Teachta, at his request, in writing. Questions shall be put by each Teachta by rising in his place and indicating the number of the Question on the Agenda.


23. Supplementary Questions may only be put for the further elucidation of the information requested, and shall be subject to the ruling of the Ceann Comhairle, both as to relevance and as to number, and shall be asked only by the Teachta putting the original Question.


24. Questions addressed to a Teachta of the Dáil, not a Minister, must relate to some Dáil motion, or other matter in connection with the Dáil for which the Teachta is responsible.


RULES OF DEBATE.

25. A Teachta desiring to speak shall rise in his place. If more than one Teachta shall rise at the same time the Ceann Comhairle shall call upon one of them. Teachtaí shall address the Ceann Comhairle.


26. When the Ceann Comhairle addresses the Dáil from the Chair any Teachta who may be in possession shall resume his seat.


27. No Teachta is entitled to speak twice upon the same motion or amendment, except to close a debate upon the original motion of which he was the proposer; but a Teachta is not precluded from speaking on an amendment by reason of having spoken upon the original motion or upon any other amendment.


28. A motion shall not be debated until it has been seconded, but a seconder may reserve his speech till a later stage of the debate.


29. Every amendment must be relevant to the motion on which it is proposed, and must be directed to omitting, adding, or substituting words. No amendment shall be accepted by the Ceann Comhairle which is equivalent to a direct negative.


30. When a motion or amendment has been put by the Ceann Comhairle no further debate thereon shall be allowed before voting.


31. A Teachta who persists in irrelevance or repetition in debate and who, in the opinion of the Ceann Comhairle, is speaking for the purpose of obstructing the business of the Dáil, may be directed by the Ceann Comhairle to discontinue his speech after the attention of the Dáil has been called to his conduct.


32. A Teachta who persists in obstructing the business of the Dáil in a disorderly manner may be required by the Ceann Comhairle to withdraw from the Dáil for the remainder of the sitting. If the disorder be of an aggravated character the period of suspension shall be such as the Dáil shall determine, on a motion proposed by the President of the Ministry, or, if the President of the Ministry be absent, by whomever shall, at the time, be acting in his place.


33. Teachtaí so withdrawn or suspended from attendance in the Dáil shall take no part in full meeting of the Dáil for the period of suspension determined by the Dáil, but they may continue to act on any committees of the Dáil of which they may be members.


34. The Ceann Comhairle is the sole judge of Order in the Dáil, and has authority to suppress disorder and to enforce prompt obedience to his ruling, and he may call upon officers of the Guard to preserve the liberties of debate and the privileges of the Dáil.


CLOSURE OF DEBATE.

35. After a Ministerial motion has been proposed and seconded, and has been further discussed, for not less than one hour, a Minister may move “that the motion be now put,” or “that the amendment be now put,” and the motion “that the motion be now put” or “that the amendment be now put” shall be put forthwith and decided without amendment, unless it appears to the Ceann Comhairle that the motion is an infringement of the rights of a minority, or an abuse of the Rules of the Dáil. On motions other than Ministerial Motions any Teachta may move the closure of debate.


36. When the motion: “That the question be now put” has been carried, and the question consequent thereon has been decided, any further motion may be at once made which may be requisite to bring to a decision any question already proposed from the Chair; and also if a clause be then under consideration, a motion may be made: “That the question, ‘That certain words of the clause defined in the motion stand part of the clause,’ or ‘That the clause stand part of or be added to the Bill’ be now put.” Such motions shall be put forthwith and decided without amendment or debate.


37. When a Bill is being considered in Committee of the whole Dáil, or is to be so considered, the Dáil may, by resolution, specify the time which shall be given to the consideration of any clause or group of clauses. When the time so allotted shall have expired, if such clause or group of clauses have not already been voted on, the Ceann Comhairle shall, without motion or discussion, put to the Dáil the amendment under discussion, and any other amendment, which the Dáil, on a show of hands, without discussion, decides shall be so put. When all amendments have been so disposed of, the Ceann Comhairle shall put the clause or clauses concerned to the Dáil. If the time allotted to any clause or group of clauses shall expire at 8.30 o’clock p.m., the Dáil shall continue to sit for the purpose of taking the necessary votes.


DIVISIONS.

38. When any question is to be put to the Dáil, the Ceann Comhairle shall arise and announce that “the question is that,” thereupon reading or stating the question, requiring that as many as are of that opinion shall say “Tá,” and as many as are of contrary opinion shall say “Níl.” He shall judge from the answers to his questions and declare which side, in his judgment, is in the majority. If the declaration of the Ceann Comhairle as to his decision on a question be challenged, he shall order the Dáil to divide. The Clerk of the Dáil shall then call the roll of Teachtaí, who shall reply “Tá” or “Níl,” as the case may be. The Clerk shall then hand a Division Paper stating the result to the Ceann Comhairle, who shall announce the numbers to the Dáil and declare the result of the Division. In giving their votes Teachtaí shall attend in their places, and rise when recording their votes.


39. Questions in the Dáil shall be determined by a majority of the votes of the Teachtaí present other than the Ceann Comhairle or Presiding Teachta, who shall have and exercise a casting vote in the case of an equality of votes.


COMMITTEES.

40. The rules governing debate in the Dáil sitting in Committee, and in Committees of the Dáil shall, save as provided in rule 41, be those governing the proceedings of the Dáil. In cases of grave disorder or obstruction on Committees a member may be suspended, but this may only be done by the Dáil to whom report shall be made.


41. In Committee of the whole Dáil a Teachta shall not speak for longer than ten minutes at a time, nor more than three times on any one occasion, provided that this Rule shall not apply in Committee to a Teachta in charge of a Bill.


42. In addition to the Committees consisting of the whole of the Dáil, the Dáil may appoint Special Committees upon motions appearing on the Agenda. Such motion shall, save as otherwise provided in these Standing Orders, specifically state the terms of reference to the Committee, define the powers devolved upon them, nominate the members to act upon them, state the quorum in each case, and, if necessary, fix a date upon which they shall report back to the Dáil.


43. Committees shall, as far as possible, be representative of all parties of opinion in the Dáil.


44. Bills not considered by the Dáil sitting in Committee may be referred to Committees appointed from time to time for that purpose.


45. The Dáil may discharge any members of Committees in case of non-attendance and appoint other members in substitution for them.


VISITORS.

46. Visitors may be introduced by Teachtaí to such places as may be reserved for them by the Ceann Comhairle, and authorised representatives of the Press may be present at Sittings of the Dáil and Special Committees.


47. In case of special emergency any Teachta may move that all visitors and Press representatives be excluded from the Dáil, and this shall be done by direction of the Ceann Comhairle, with the assent of a majority of the Teachtaí present.


OFFICERS OF DÁIL EIREANN.

48. Officers of the Dáil shall include a Clerk, an Assistant Clerk, and a Captain of the Guard.


49. The Clerk shall be responsible to the Ceann Comhairle for all secretarial business arising in connection with the Dáil, and shall keep records of its proceedings.


50. The Captain of the Guard shall discharge the following duties:—


(a) He shall admit and exclude strangers from Debates, and shall preserve order and decorum amongst them while present.


(b) He shall take into custody persons irregularly admitted to the Dáil, and persons guilty of disorderly conduct, and shall cause the removal of persons who have been directed to withdraw.


(c) He shall control the members of the Guard, and shall carry out such orders as may be given him by the Ceann Comhairle.


(d) He shall be responsible to the Ceann Comhairle for the internal safety of the buildings of the Dáil, and, for this purpose, shall supervise the lighting and other apparatus, and shall take all other steps necessary for this purpose.


REPORTS OF DEBATES.

51. A report of all Proceedings and Debates of the Dáil shall be issued under the supervision of the Ceann Comhairle.


52. A copy of the Proceedings and Debates of the Dáil, as well as every other paper, document and publication of the Dáil, shall be sent to every Teachta.


53. Arrangements shall be made by which the reports of the Proceedings and Debates of each day shall be available for the second ensuing day.


PRIVATE TEACHTA’S BUSINESS.

54. The Agenda shall be confined to Questions and Ministerial business on Tuesdays and Thursdays, during the entire sitting, on Wednesdays until 7 o’clock, p.m., and on Fridays until 6 o’clock, p.m. Motions or Bills (if any) moved by private Teachtaí and appearing on the Agenda shall be taken during the remaining period of ordinary sittings on Wednesdays and Fridays. Motions or Bills to be moved by private Teachtaí shall be selected by ballot by the Ceann Comhairle from amongst the notices reaching the Clerk of the Dáil seventy-two hours before the hour allotted for the discussion of such Motions or Bills.


55. If any Motion moved by private Teachtaí be not passed, or if leave to introduce any Bill be not given before 8.30 o’clock, p.m., the Dáil shall fix a day for its further consideration, such day not being more than four weeks forward, or failing such fixing of a day, such motion or Bill shall be put down as the first business for the next sitting at which private business may be taken.


56. In case of a Bill, should leave to introduce be given, it shall be printed and circulated, and shall come up for its second reading when a member who proposes to move it shall have his notice drawn in the ballot.


57. Should a private Teachta’s Bill pass its Second Reading, it shall, without question put, be referred to a Committee, which shall meet within ten days of such Reading, provided that, should a private Teachta’s Bill not be voted on when before the Dáil for Second Reading, it shall not be considered to be rejected, but shall be brought forward again and given priority over new business introduced by private Teachtaí on the next ensuing occasion set apart for the consideration of private Teachta’s business.


BILLS AND RESOLUTIONS.

58. Any question for decision by the Dáil shall be brought before it by the introduction of a simple resolution or the introduction of a Bill.


59. The matters that may be dealt with by resolution shall include Standing Orders, adjournments, suspension of Teachtaí, appointment of Committees, appointment or removal of the Ceann Comhairle or other officers, questions of procedure generally, expressions of condolence, censure, thanks and opinion, and any other matters which by law the Dáil may decide by simple resolutions.


60. The matters which shall be dealt with by Bills shall include all legislation and the raising of loans and revenues and the appropriation of moneys.


PASSING OF BILLS.

First Stage.

61. When a Bill is to be introduced into the Dáil a copy shall be handed to the Clerk of the Dáil, and its title, and a short description of its purpose, prepared by the proposers and accepted by the Ceann Comhairle, shall appear on the Agenda. The Teachta giving notice shall move for leave to introduce the Bill. This motion shall be decided without amendment or debate. If leave to introduce the Bill is granted such Bill shall be printed and sent to all Teachtaí.


Second Stage.

62. When a Bill shall have passed its First Stage and have been circulated, notice of motion shall be given for its Second Reading, the Debate on which shall be confined to the General Principle of the Bill.


Third Stage.

63. A Bill which has passed its Second Reading shall be referred to a Committee for detailed consideration, or shall be so considered by the Dáil, sitting in Committee. In the Committee stage a Bill must be voted on clause by clause, and not as a whole. Any clause may be amended or deleted in Committee and new clauses may be inserted.


64. When a Bill shall have passed its Second Reading the Dáil shall, without notice or debate, decide whether it shall be referred to the Dáil sitting in Committee or to a Special Committee. If it be referred to a Special Committee the Dáil shall decide, without debate, the number of Teachtaí who shall serve upon such Committee, shall appoint their Chairman, and decide what number shall constitute a quorum.


65. When a Bill is to be considered by the Dáil sitting in Committee, proposed amendments shall be notified in due time and shall be arranged by the Ceann Comhairle in proper order and shall appear on the Agenda of the Dáil on those days on which the Dáil in Committee is to consider the clauses to which the amendments refer.


66. The Dáil shall go into Committee without question put whenever it reaches business on the Agenda which requires to be considered in Committee. When the Dáil is in Committee business may not be stopped if less than a quorum is present, save when a vote is to be taken.


67. When a Bill is being considered in Committee the motion to be made in respect of each clause shall be that the clause shall stand part of the Bill. Amendments to the clause may then be moved. When any clause is moved a Teachta may move as an amendment that a new clause be inserted before it in the Bill. This amendment shall be taken first, and if passed, the new clause proposed shall become the subject of the motion. The original motion shall not be defeated by the passage of such an amendment, but shall only be postponed.


68. A Committee, in considering a Bill, may at any time adjourn, but motions to adjourn deemed by the Ceann Comhairle to be obstructive shall not be accepted. The Dáil sitting in Committee may adjourn consideration of a Bill and take up other business on the Agenda for the day. But dilatory or obstructive motions to adjourn shall not be accepted. The consideration of the preamble of a Bill in Committee may be deferred until the clauses have been considered.


69. When the last clause and preamble (if any) of a Bill shall have been considered in Committee the Bill shall at once be returned to the Dáil.


Fourth Stage.

70. When a Bill has been returned from a Special Committee, or from the Dáil sitting in Committee, notice shall be given of a motion to receive the Bill for final consideration. In the fourth stage debate amendments may be moved, including amendments by the proposers of the Bill. If the Dáil desires, it may refer the Bill back to the Committee, or to the Dáil sitting in Committee, with an instruction that specified clauses be reconsidered.


71. After the Dáil has received a Bill from Committee, and such Bill has passed the Fourth Stage debate, it shall be put forward for final consideration.


Fifth Stage.

72. When a Bill shall come forward for final consideration it shall be moved “that the Bill do now pass,” and no amendments of the Bill shall be permitted, save such as are of a purely verbal character, and of which due notice shall have been given.


SPECIAL MOTIONS.

73. The following motions may be made without notice:—


(a) A motion to adjourn in accordance with Standing Orders 14 and 15.


(b) A motion to suspend a member from the service of the Dáil or from a Committee.


(c) A Vote of Condolence moved by the President or a member of the Ministry acting in his place.


(d) A motion fixing the number and quorum and appointing the Chairman of a Special Committee to consider a Bill which has passed its Second Reading, and for nominating the members of such Committee.


(e) A motion made in the absence of the Ceann Comhairle and Leas-Cheann Comhairle that a Teachta shall preside. Such a motion shall not be debated.


(f) A motion by permission of the Ceann Comhairle that the Dáil adjourn for a period not exceeding two hours.


(g) A motion that the Dáil sit later than 8.30 o’clock, p.m., which motion shall be made not later than 6.30 o’clock, p.m., and on Tuesdays and Thursdays this shall be made only by a Minister.


(h) A motion under Rule 65, which shall be decided without debate, to allow the moving of additional amendments.


74. A motion for the appropriation or expenditure of money may be moved only by a Minister.


75. A motion proposed but not voted on at any Sitting shall be taken up and decided on at the next Sitting of the Dáil.


76. Business on the Agenda for any day which has not been reached may, without notice, be taken up next day after Questions and dealt with or further postponed; but if not taken up next day shall again be put on the Agenda.


RESIGNATION OF MEMBERS.

77. Resignation of a Teachta from the Dáil shall be made in writing to the Ceann Comhairle.