Committee Reports::Report No. 01 - Standing Orders ::04 October, 1923::Appendix

1. To delete Order 1 and to substitute therefor the following:—


1. The Cathaoirleach and Leas-Cathaoirleach shall be elected by the Seanad. In the case of any vacancy in either office a day shall be fixed for the election on which candidates may be proposed and seconded. Should only one candidate be proposed he shall be declared to have been duly elected, but should more than one candidate be proposed the election shall be conducted in the mode hereinafter prescribed by Orders 99-102 (both inclusive) in the case of casual vacancies in the office of Senator save that the voting shall be open and not by ballot.


Should the outgoing Cathaoirleach be proposed as a candidate for either office, he shall vacate the Chair, and the Seanad shall nominate a member, not being himself a candidate, who shall preside at the election, with a right to a casting vote, as prescribed by Order 102.


2. To insert after Order 5 a new Order 6, as follows:—


6. When the Cathaoirleach shall have entered the Chamber at the commencement of the sitting, all the Senators present shall stand, and the following Prayer shall be read by the Clerk:—


“O Almighty and Eternal God, Ruler of all things and of all men, we, Thy servants here assembled, most humbly beseech Thee to grant us Thy Divine Guidance in our deliberations, that Peace, Justice, Truth, Religion, and Piety may reign in our Country, to the Honour and Glory of Thy Name. Through Jesus Christ Our Lord. Amen.”


3. To insert after Order 7 new Orders 8 and 9, as follows:—


8. At the first meeting of each Session of the Seanad, the Proclamation by His Excellency the Governor-General convening the Oireachtas shall be read from the Table by the Clerk, or in his absence by the Assistant Clerk.


9. At the first meeting of the Seanad immediately following the delivery and receipt of a Speech to the Oireachtas by His Excellency the Governor-General, the Cathaoirleach shall give an opportunity for the discussion of the Speech, but no motions in connection therewith, whether by way of amendment or otherwise, shall be moved.


4. To delete Order 14 and to substitute therefor the following:—


14. The Cathaoirleach shall, at the request of a Senator, if made before the expiration of half-an-hour after the opening of the sitting, permit the discussion of any matter which the Cathaoirleach considers urgent and of sufficient public importance. If such request be granted, the matter for consideration can only be discussed on the motion for the adjournment at the close of the sitting, and in that event the House shall stand formally adjourned after an interval of half-an-hour or at the close of the discussion, whichever shall first happen. Only one such request shall be granted at the same sitting, and no discussion shall be permitted on the motion for the adjournment of any matter already discussed at the same sitting.


5. To insert after Order 14 a new Order 15, as follows:—


15. Whenever a matter or question has arisen which in the opinion of the Cathaoirleach directly concerns the privileges of the Seanad or of any Committee thereof, or of any Senator, a motion calling on the Seanad to take action thereon may by leave of the House, be moved without notice. The further consideration of Orders of the Day shall then be suspended until the motion has been decided or the debate thereon adjourned.


6. To delete Order 16 and to substitute therefor the following:—


16. Should the Cathaoirleach or presiding Senator desire to address the Seanad on any controversial question, whether arising in debate or otherwise, he shall vacate the Chair, and the Leas-Cathaoirleach or other Senator, as provided in Standing Order No. 3, shall preside in the interval.


7. To alter Order 22, as follows:—


(a) to add after the word “move” in line 7, “without previous notice and at any stage of a motion or debate, other than a motion or debate on any Stage of a Bill.”


(b) to add at the end thereof the words “any such motion shall take precedence of all amendments of the original question.”


8. In Order 24 to insert the words “or Order” after the word “Resolution” where-ever it occurs.


9. To add at the end of Order 25 the words “a Senator who has spoken on a motion may not again discuss it at the same sitting when speaking on a motion for the adjournment.”


10. To add at the end of Order 27 the words “provided that on the receipt by the Cathaoirleach from such Senator, at any time during the period of suspension, of a written and approved expression of regret, to be entered on the Journal of the House, the Cathaoirleach shall lay the same before the Seanad and on motion made without notice, amendment, adjournment or debate, put the question for the discharge of the order of suspension, whereupon if the question passes in the affirmative the Order shall be discharged and the Senator re-admitted.”


11. To delete Order 33 and to substitute therefor the following:—


33. When any question is to be put to the Seanad, the Cathaoirleach shall announce that “the question is that,” thereupon reading or stating the question, requiring that as many as are of that opinion shall say “” and as many as are of the contrary opinion shall say “Níl,” or he may call for a show of hands. He shall then judge and declare which side is in the majority, and if his decision be challenged he shall order the Seanad to divide. After an interval of three minutes the Cathaoirleach shall again put the question to the majority, and if his decision be challenged he shall order the doors of the Chamber to be closed and they shall remain closed until the Division has been taken, and each Senator then present shall, when his name is called, rise in his place and record his vote by replying “” or “Níl” as the case may be. The Clerk shall then hand the Division Paper to the Cathaoirleach, who shall announce the numbers to the Seanad, and declare the result of the Division; provided always that the Cathaoirleach, if in his opinion the claim for a Division is made solely for obstruction, may call upon the Senators who claim it to rise in their places, and if they do not exceed five in number he shall declare the result as already decided by him; but any Senator who has risen may claim to have his vote recorded in the Journal of the House.


With the unanimous consent of the Seanad, a Senator may, for special reasons assigned by him, change his vote, immediately after the announcement of the Division.


12. To place Orders 35 to 47, both inclusive, after Order 75.


13. In Order 36, to insert the words “or Minister” after the word “Senator” in line 5.


14. In Order 37, to alter the word “made” to “moved.”


15. To insert after Order 38 a new Order 39, as follows:—


39. Nothwithstanding the termination of a Session, Committees shall continue in being until they shall have reported or been discharged by order of the Seanad; provided that all Committees shall be deemed to be discharged at the date of a triennial election to the Seanad.


16. To delete in Order 42 the words “other than a Committee of the Seanad.”


17. In Order 58, to omit all after the word “prescribe,” and to substitute therefor the following:—“Authorised representatives of the Press may be present when the Seanad is in session or in Committee of the whole House. They may also be present at any meeting of a Select Committee, unless the members thereof shall by a majority otherwise determine.”


18. To alter Order 59, as follows:—


(a) to add after the word “Seanad” the words “or any Committee thereof.”


(b) to add after the word “Cathaoirleach” the words “or Chairman of Committee.”


(c) to delete the words “two-thirds” and to substitute therefor the words “a majority.”


19. In Orders 66 and 67, to delete the word “Resolution” and to substitute therefor the word “Motion.”


20. In Order 75, to delete all after the word “Committee” in line 5 and to substitute therefor the words “the Cathaoirleach may in his discretion allow the business to proceed in the absence of a quorum save when a vote is to be taken.”


21. To insert after Order 75 a new Order 76, as follows:—


76. It shall be an instruction to all Committees to which Bills may be committed that they have power to make such amendments therein as they shall think fit, provided such amendments be relevant to the subject matter of the Bill; but that, if any such amendments shall not be within the title of the Bill, they amend the title accordingly, and report the same specially to the Seanad.


22. In order 77, to delete the word “Cathaoirleach” and to substitute therefor the words “Chairman thereof.”


23. To insert after Order 79 a new Order 80, as follows:—


80. The Cathaoirleach shall have power in his discretion to refuse an amendment tabled for the Fourth Stage of a Bill, if he is of opinion that it is substantially the same as an amendment which has been rejected on the Committee Stage and that the subject matter thereof has already been sufficiently debated.


24. In Order 81, to delete all after the word “as” in line 4, and to substitute therefor the words “in the opinion of the Cathaoirleach merely involve the correction of grammatical or clerical errors. Such amendments may be moved without previous notice.”


25. To add at the end of Order 92 the words “(f) a motion of condolence or any other motion which in the opinion of the Cathaoirleach may reasonably be moved without previous notice.”


26. To alter Order 102, as follows:—


(a) To add after the word “Cathaoirleach” in line 3, the words “or presiding Senator.”


(b) To substitute the word “shall” for the word “may” in line 4.


(c) To delete all after the word “vote” in line 5.


27. To insert after Order 104 a new Order 105, as follows:—


105. In cases of urgent necessity, of which the Cathaoirleach shall be the judge, any Standing Orders or Orders of the Seanad may be suspended for the day’s sitting, or for a limited period or purpose, on motion duly made and seconded, with or without notice: provided that such motion has the support of a majority of the Senators present.”


The Committee, having considered the question of forms of procedure in the Seanad, have decided to recommend the adoption of the following Rules. The Committee do not suggest that these should be incorporated in the Standing Orders, but that they should be regarded as matters of etiquette for general observance by Senators:—


1. Upon the conclusion of the Prayer provided for in Standing Order No. 6, Senators shall remain standing until the Cathaoirleach or presiding Senator has taken his seat.


2. Any Senator who enters the House after the sitting has opened shall bow to the Cathaoirleach or presiding Senator before taking his seat.


3. Senators shall avoid passing in front of the Cathaoirleach or presiding Senator, except in urgent cases, when they shall bow to the Chair in passing.


4. No Senator shall pass in front of any member who is actually addressing the House.


5. No Senator shall read any newspaper or other Journal in the House during its sitting, save for the purpose of the business then under consideration.


6. If Senators have occasion, when the House is sitting, to speak together, they shall retire below the Bar and not engage in conversation within the precincts of the House in any way calculated to disturb its ordinary procedure.


7. Senators shall not remain standing in any of the passages or doorways of the Chamber.


8. No Senator shall address or unreasonably interrupt any member who is speaking in the House. Should he wish to interrupt for the purpose of explanation or contradiction, he shall do so by addressing the Chair on a point of Order.


9. When the House adjourns Senators shall keep their seats until the Cathaoirleach has vacated the Chair.