Committee Reports > List of Committees > Dáil > 1923 > Committee on Procedure > Report - Appointment of Committee on Procedure

SCHEDULE.

A.—FINANCIAL PROCEDURE.

1. Every motion for any aid grant or charge on the public revenue or for any charge upon the people shall be first considered in Committee of the whole Dáil to be known as the Committee on Finance. The Committee shall report before any resolution or vote of Dáil Eireann is taken. No such motion as aforesaid, nor any amendment thereto proposing to increase the amount named in any such motion may be made by any Teachta, save a member of the Executive Council.

When a Bill involves any aid grant or charge upon the public revenue or upon the people the motion referred to in this order may be taken at any time prior to the Committee Stage of the Bill.

2. On the completion by Dáil Eireann of the consideration of any Resolution or series of Resolutions voting money for Public Services, or imposing charges on the public revenue or on the people, a Bill shall be prepared and introduced by the Minister for Finance.

3. The ordinary yearly Estimates for the Public Services shall be presented to Dáil Eireann and circulated to Teachtaí, not less than fourteen days prior to the consideration thereof, and not later than the first day of April, and shall be passed through all stages in Committee and in Dáil Eireann before the First day of August in each year: Provided that supplementary or additional Estimates not included therein may be brought forward after that date on leave given by Dáil Eireann after motion made on notice.

4. The Ceann Comhairle shall put the Estimates Vote by Vote. It shall be in order at any time during the discussion of a Vote or any item in a Vote, to move the postponement of such Vote until the remainder of the Votes in the Estimates shall have been disposed of. When any Item or Vote has been disposed of, it shall not be in order again to debate the same on a new or subsequent Item then under consideration, except for the purpose of explaining or illustrating the question under discussion.

5. When a motion is made in the Committee on Finance to omit or reduce any Item of a Vote, the question shall be proposed from the Chair for omitting or reducing that Item accordingly, and Teachtai shall speak to that question alone until it has been disposed of; but in the debate reference may be made to other Items in the Estimates in order to explain or illustrate the question under discussion.

6—(1) When it is intended to move more than one reduction in any Vote or Item of a Vote, the question shall first be proposed from the Chair on the largest reduction.

(2) When several motions are offered they shall be taken in the order in which the Items to which they relate appear in the printed Estimates.

7. After a question for omitting or reducing any Item of a Vote has been put from the Chair and voted upon, no motion or debate shall be allowed upon any preceding Item.

8. When it has been agreed to omit or reduce Items in a Vote the question shall afterwards be put upon the reduced vote.

9. There shall be appointed at the beginning of each financial year a special Committee to be designated “The Committee of Public Accounts” to examine and report to Dáil Eireann upon the accounts showing the appropriation of the sums granted by Dáil Eireann to meet the public expenditure, and to suggest alterations and improvements in the form of the Estimates submitted to Dáil Eireann. The Committee shall consist of nine Teachtaí, none of whom shall be a Minister, and five of whom shall constitute a quorum. The Committee shall be otherwise constituted according to the provisions of Standing Order No. 46.

10. Immediately after a Money Bill has passed Dáil Eireann and before it is sent to Seanad Eireann the Ceann Comhairle shall issue his certificate as required by Article 35 of the Constitution, and he shall announce that fact to Dáil Eireann. He shall also cause an announcement to be transmitted immediately to Seanad Eireann informing them of the passage of any such Bill, of which a copy shall be forwarded at the same time.

11. On receipt of a memorial signed by two-fifths of the Teachtaí of Dáil Eireann and addressed to him within three days after a Money Bill has passed Dáil Eireann, the Ceann Comhairle shall permit without notice a motion to appoint three Teachtaí to act on such a Committee of Privileges, as is mentioned in Article 35 of the Constitution, and a Message shall be despatched to Seanad Eireann informing them accordingly.

On receipt of a Message from Seanad Eireann to the effect that a Committee of Privileges is required in consequence of proceedings in that House, the Ceann Comhairle shall permit without notice a similar motion to appoint three Teachtaí from Dáil Eireann.

12. The President of the Executive Council shall thereupon be charged to convene a meeting of the Committee within seven days from the issue of the Certificate of the Ceann Comhairle, and to request the Senior Judge of the Supreme Court willing and able to act to preside at such meeting.

B.—STANDING ORDERS REGULATING COMMUNICATION BETWEEN DÁIL EIREANN AND SEANAD EIREANN.

1.—MESSAGES.

1. Messages from Dáil Eireann to Seanad Eireann shall be in writing, signed by the Clerk or Assistant Clerk of Dáil Eireann, and shall be conveyed from Dáil Eireann to Seanad Eireann by an officer of communications, who shall be nominated by the President of the Executive Council. Such person shall have access to such parts of the Galleries of the House as the Ceann Comhairle may direct.

2. When an official messenger bearing a message from Seanad Eireann is in attendance the Ceann Comhairle shall permit the messenger to enter and present his Message to the Clerk at the Table. He shall thereupon withdraw.

3. The Ceann Comhairle shall at the first convenient opportunity during the sitting in which it is received communicate the Message to Dáil Eireann: Provided that, in case of special urgency, any business in progress on the receipt of such Message may be interrupted to hear the same.

4. If a Message from Seanad Eireann requires any action to be taken or thing to be done by Dáil Eireann, it shall be set down on the Order Paper next thereafter prepared, and shall be considered accordingly: Provided that in case of special urgency Dáil Eireann may consider such Message at any earlier period.

2.—Special Messages.

5. When a Message is despatched from Seanad Eireann to Dáil Eireann conveying a resolution requesting that, pursuant to Article 38 of the Constitution, a Joint Sitting of both Houses be held for the purpose of debating the proposals of a Bill or any amendment thereof, the Ceann Comhairle shall, with the assent of Dáil Eireann, fix and announce a convenient day and hour for such Joint Sitting, and such day shall be within fourteen days of the receipt of the Message of Seanad Eireann. The Ceann Comhairle shall thereupon communicate the decision of Dáil Eireann to the Cathaoirleach of Seanad Eireann.

6. The Ceann Comhairle shall summon Teachtaí to attend such Joint Sitting.

7. The place of Meeting of every such Joint Sitting shall be the chamber of Dáil Eireann, and it shall be the duty of the Ceann Comhairle to make all such preliminary arrangements as may be necessary for the meeting.

8. The Chairman of a Joint Sitting of Seanad Eireann and Dáil Eireann shall be the Ceann Comhairle of Dáil Eireann. The proceedings of every such Joint Sitting shall be governed by the Standing Orders of Dáil Eireann, so far as they may be applicable to such Joint Sitting, and every question of the applicability of any Standing Order, or the adaptation thereof necessary or expedient for its application, shall be determined and ruled upon by the Chairman.

3.—Bills.

9. When a Bill has passed through all its stages in Dáil Eireann the Clerk of Dáil Eireann shall make or cause to be made an exact copy thereof, and shall vouch such copy to be a true and correct copy by certifying the same in writing over his own hand at the foot of the last page of the copy, having previously initialled and numbered each preceding page. The signed certificate of the Clerk shall state the date of the passing of the Bill through its last stage in Dáil Eireann, and the date of its transmission to Seanad Eireann.

10. Such true copy of a Bill passed as aforesaid and duly certified in the manner herein-before provided, together with a message referring to such Bill, and stating that Dáil Eireann desires the agreement of Seanad Eireann to the passing of the same into law shall be conveyed to Seanad Eireann in the manner provided in Standing Order No. 1.

11. A Bill which has been initiated in and passed by Seanad Eireann shall be deemed to have passed its first stage in Dáil Eireann, and shall be set down for its second stage upon a day to be appointed by the Committee on Proceedure: Provided that if, on the day so appointed, no motion for its second reading be proposed, the Bill shall no longer appear among the Bills in progress and shall not be further proceeded with in the same Session except by leave of Dáil Eireann granted upon the Motion of any Teachta.

12. Where a Bill transmitted from Dáil Eireann to Seanad Eireann shall have passed through all its stages in Seanad Eireann, and shall have been sent back to Dáil Eireann with amendments made in Seanad Eireann, or in the case of Money Bills with recommendations made by Seanad Eireann, such amendments or recommendations as the case may be, shall be printed and circulated to Teachtaí of Dáil Eireann, and Dáil Eireann shall in Committee consider such amendments or recommendations as the case may be.

C. AMENDMENTS MADE IN THE STANDING ORDERS ADOPTED ON 6th DECEMBER, 1922.

1. To substitute “Dáil Eireann” for “The Dáil” throughout.

2. In Order No. 11, in the title of the Section and throughout the Standing Orders, to substitute the term “Order Paper” for “Agenda.”

To substitute “President of the Executive Council” for “President of the Ministry” in this Order and throughout.

3. To substitute in Order No. 20 and throughout the term “Official Report of the Debates of Dáil Eireann” for the term “Official Report of the Dáil.”

4. In Order No. 39 and throughout, to substitute the word “section” for “clause” in connection with Bills.

5. To delete Order No. 3, and substitute the following:— “In the case of the absence of the Ceann Comhairle and the Leas-Cheann Comhairle Dáil Eireann may, on motion made without notice, appoint a Teachta to act as Ceann Comhairle for the time being. The Ceann Comhairle shall nominate at the commencement of every Session a panel of not less than two Teachta, of whom one shall act as temporary Chairman of Committees of the whole Dáil, when requested so to do by the Ceann Comhairle.”

6. Order No. 4 to be deleted.

7. Order No. 10, to insert after this Order the two following:—

(1) “A motion that Dáil Eireann shall sit later than 8.30 o’clock on any evening may be made without notice and not later than 6.30 o’clock p.m. on the same evening. On Tuesdays and Thursdays this Motion shall be made only by a Minister.”

(2) “A motion that Dáil Eireann do adjourn for a period not exceeding two hours may, at any time, be made by permission of the Ceann Comhairle, and without notice.”

8. Order No. 18, line 3, to read, “. . . . elucidate matters of fact or of policy . . .”

9. Order No. 23, to end after the word “number.”

10. Order No. 25, second sentence, to read, “Should more than one Teachta rise at the same time . . .”

11. Order No. 32, to read, “No Teachta shall re-open a discussion on a question already decided during the same Session, except by the indulgence of Dáil Eireann for a personal explanation. A Teachta who has spoken on a motion may not again discuss it when speaking on a motion for the adjournment.”

12. Order No. 34, to read, “A Teachta who persists in obstructing the business of Dáil Eireann in a disorderly manner may be required by the Ceann Comhairle to withdraw from Dáil Eireann for the remainder of the sitting. If the disorder be of an aggravated character the President of the Executive Council or the Minister who, at the time, is acting in his place may by motion made without notice, amendment, adjournment or debate, propose the suspension of such Teachta from the service of the House: Provided that, on receiving from the Teachta so suspended a written and approved expression of regret, to be entered on the Journal of Dáil Eireann, the Ceann Comhairle shall lay the same before Dáil Eireann, 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 Teachta re-admitted.”

13. Order No. 35, to insert the word “Special” before the word “Committees” in line 6, and to add to the Order the words “unless Dail Eireann otherwise decides.”

14. Order No. 37, after this Order to insert the following Order:—“No Teachta shall pass between the Chair and any other Teachta who is speaking, nor stand in any of the passages or gangways of the House.”

15. Order No. 41, to add after this Order the following Sub-sections:—

(1) When any question has been put by the Ceann Comhairle before 8.30 o’clock p.m. such question shall be decided and a division taken if called for, and the result declared before Dáil Eireann adjourns.”

(2) “Every Teachta present when his name is called in a division must record his vote.”

16. Order No. 44, to insert after the word “Teachta,” in line 1, the words “save the mover of an amendment …”

17. Order No. 45, to substitute the word “proposed” for the word “made.”

18. Order No. 45, to insert after this Order the following:—

45a. “A Committee of the whole Dáil may from time to time direct the Chairman to report a resolution or resolutions, or to make a special report to Dáil Eireann, or to report progress and ask leave to sit again.”

45b. “When a Committee of the whole Dáil has concluded the consideration of the matters before it, the Chairman shall be directed to report, that the Committee has agreed to them with or without amendment.”

19. Order No. 49, line 1, to insert after the word “may,” the words “on motion made without notice.”

20. Order No. 51, to substitute the words “two-thirds” for the words “a majority.”

21. Order No. 54, (a) to substitute the word “visitors” for the word “strangers”; (b) to read: “He shall cause the removal of persons irregularly admitted to Dáil Eireann, persons guilty of disorderly conduct, and persons who have been directed to withdraw.” (d) To delete the words “for this purpose” in line 3 of the subsection.

22. Order No. 55, to substitute the words “Official Report of the Debates of Dáil Eireann ” for the words “Report of all Proceedings and Debates” in this Order and throughout. Title of section to read: “Official Report of Debates.”

23. Order No. 56, to add at the end of the Order the following:—“A revised edition of the Official Report of the Debates shall be prepared in bound volumes at such periods as the Ceann Comhairle shall determine, and at least once in each Session.”

24. Order No. 59, to substitute the words “disposed of” for the word “passed” in line 2.

25. Order No. 63, to add at the end the following:—“A vote of condolence may be moved without notice by the President of the Executive Council or a Member of the Ministry acting for him.”

26. Order No. 64, to end after the word “legislation.” To insert before the word “legislation” the words “proposals for.”

27. Orders 62, 63 and 64—to be made into one Order.

28. Order No. 65, line 8, to delete the words “or debate.” To substitute the word “initiated” for “introduced.”

29. Order No. 67, to be combined with Orders Nos. 68 and 77 (d) as follows:— “A Bill which has passed its Second Reading shall by motion made without notice or debate be referred to Dáil Eíreann sitting in Committee, or to a Special Committee for detailed consideration. Such motion shall fix the day for the commencement of the Committee Stage, the Chairman of and number of Teachtaí acting on any such Special Committee as aforesaid, and Standing Order No. 46 shall otherwise apply, save that such motion need not appear on the Order Paper. In the Committee Stage a Bill must be voted on section by section and not as a whole. Any section of a Bill may be amended or deleted in Committee, and new sections may be inserted.”

To delete, accordingly, Orders Nos. 68 and 77 (d).

30. Order No. 72, to insert after the word “preamble” the words “and title.”

31. Order No. 73, to read: “when the preamble (if any) and the title of a Bill …”

32. Order No. 74, to read: “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. On the fourth stage amendments may be moved, but when in the opinion of the Ceann Comhairle an amendment proposed on the fourth stage is one of substance or introduces new matter into the Bill, the Bill shall be recommitted for consideration of such section or sections as, in the opinion of the Ceann Comhairle, are affected.

“In the case of Bills returned from Dáil Eireann sitting in Committee no amendments previously rejected shall be in order.”

33. To insert after Order No. 76 the following:—

76a. “Any Bill not enacted within the Session then current, may, upon resolution of Dáil Eireann, be carried over in any completed stage to the next Session.”

34. Order No. 77, to delete this Order, amending the relevant orders.

35. Order No. 78, to delete, being included in the subjoined Orders on Financial Procedure.

36. Order No. 79, to read: “A Ministerial motion proposed . . . .”

37. Order No. 80, to read: “Ministerial business on the Order Paper for any day which has not yet been reached, shall, without notice …”

38. To insert after No. 81 the following:—

Papers laid on the Table of Dail Eireann.

81a. “All Papers and Documents laid on the Table shall be considered public.”

81b. “A Committee shall be appointed at the beginning of every Session to examine all Orders, Regulations or Documents submitted to Dáil Eireann in pursuance of any Statute, and shall, if they consider it necessary, report to Dáil Eireann thereon. Every such report shall be made available for discussion in Dáil Eireann before the expiration of the time (if any) during which such Orders, Regulations or Documents lie upon the Table.”

39. Order No. 82, (1) to insert before this Order the following:—

Suspension of Standing Orders.

81c. “In cases of urgent necessity, of which the Ceann Comhairle shall be the judge, any Standing Order or Orders of Dáil Eireann may be suspended for the day’s sitting, on motion, duly made and seconded, without notice: Provided that such motion has the support of a majority of the whole Teachtaí of Dáil Eireann.”

81d. “The suspension of any Standing Order or Orders is limited in its operation to the particular purpose for which suspension has been sought.”

(2) To alter “54” to “58.”

40. To alter the number of the various Orders and to make any necessary consequential alterations.”