Committee Reports > List of Committees > Seanad > 1923 > Standing Committee on Standing Orders > Report - Committee on Standing Orders: Amended Draft

SEANAD EIREANN

BUAN-ORDUITHE.

(STANDING ORDERS.)

Cathaoirleach.

1. The Caithaoirleach and Leas-Chathaoirleach shall be elected by the Seanad. Should more than one candidate be proposed for either office, the appointment shall be filled by a majority vote of the members of the Seanad present and voting.

2. The Cathaoirleach and Leas-Chathaoirleach shall be appointed at the first meeting of Seanad Eireann, to be held after each triennial election of members of the Seanad, unless the Seanad shall by resolution otherwise determine.

The retiring Cathaoirleach and Leas-Chathaoirleach shall be elegible for re-election.

In the event of an interim vacancy in either office, the successor shall hold office only until the next triennial election as herein provided; Provided that the term of office of the present Cathaoirleach and Leas-Chathaoirleach shall be one year and their successors shall hold office until the next ensuing triennial appointment, as provided in these Standing Orders. The Seanad shall have power at any time, by resolution of which seven days notice must be given, to remove either the Cathaoirleach or Leas-Chathaoirleach.

3. In the absence of the Cathaoirleach his place shall be taken by the Leas-Chathaoirleach.

A panel of not less than two Senators shall be appointed each Session who may, on the request of the Cathaoirleach, the Leas-Chathaoirleach, or the Seanad, act as Cathaoirleach during the absence of the Cathaoirleach and Leas-Chathaoirleach.

The Leas-Chathaoirleach or Senator acting as Cathaoirleach shall exercise and enjoy all the powers of the Cathaoirleach for the time being.

Language.

4. All proceedings of Seanad Eireann shall be conducted through the medium of the Irish or the English language.

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

Quorum.

6. For the transaction of business in Seanad Eireann the presence of at least twelve Senators shall be necessary.

7. If at any stage in a sitting of Seanad Éireann, any Senator calls the attention of the Cathaoirleach to the fact that there are less than twelve Senators present, inclusive of the Cathaoirleach, the Cathaorileach, should he be satisfied on a count that there is not a quorum, shall adjourn the Seanad until a later hour, to be named by him, or until the next ordinary sitting.

Sittings of Seanad Eireann.

8. The meetings of Seanad Éireann when in Session shall, unless otherwise arranged, open punctually at 3 p.m. Should no date be fixed by the Seanad for the continuation of an adjourned meeting, the Cathaoirleach shall appoint a day for re-assembly.

Agenda.

9. Every sitting of Seanad Eireann shall be governed by a printed Agenda, which shall be prepared by the Cathaoirleach in consultation with the Leas-Chathoirleach. 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.

10. All motions to be put on the Agenda for any particular day shall reach the Clerk in writing, signed by a Senator, not later than 11 a.m., and shall be put on the Agenda on the expiration of two clear days after the date of the receipt of such notice. Such motions, if in order, shall forthwith be published to the Seanad.

Any amendments to such motion shall reach the Clerk in writing, signed by the Senator who proposes to move the same, and shall in so far as is possible be handed in, in sufficient time to allow of their being circulated throughout the Seanad.

11. Provided that by permission of the Cathoirleach, and by leave of the House, urgent motions may be discussed on shorter notice.

12. The Agenda for each day shall be delivered at the Dublin address of each Senator so as to arrive not later than the morning of that day. It shall contain the text of all motions to be proposed (save such as these Standing Orders elsewhere allow to be proposed without notice).

13. The Cathaoirleach may, at the request of a Senator, suspend consideration of the Agenda for the discussion, at such hour as may be determined, of a matter which the Cathaoirleach considers urgent and of sufficient public importance, and provided further that the request has the support of not less than ten Senators, indicated by rising in their places.

14. The Cathaoirleach shall examine every Notice of Motion to ensure that it shall be as brief as possible, and that it shall contain no argument or personal imputation upon any member of the Oireachtas.

The Cathaoirleach may amend any such notice and may consult with the Senator with a view to securing its compliance with the Standing Orders. Should the responsible Senator object to such amendment he may withdraw the Motion.

Rules of Debate.

15. A Senator desiring to speak shall rise in his place. If more than one Senator shall rise at the same time the Cathaoirleach shall call upon one of them. Senators shall address the Cathaoirleach.

16. When the Cathaoirleach addresses the Seanad from the Chair any Senator who may be in possession shall resume his seat.

17. No Senator 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 Senator is not precluded from speaking on an amendment by reason of having spoken upon the original motion or upon any other amendment.

18. 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.

19. 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 Cathaoirleach which is equivalent to a direct negative.

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

21. A motion to rescind or amend a Resolution can only be made on notice that shall specify the Resolution to be rescinded or amended, and furnish the terms of the motion to be made; but no motion shall be allowed to appear on the Agenda Paper to rescind any Resolution of the Seanad within six months of the date of its adoption, except with the written assent of not less than twenty members of the Seanad.

22. No Senator shall discuss a matter raised in any previous Debate during the same Session upon a motion or Bill not being then under discussion, except by the indulgence of the Seanad for personal explanations.

A Senator who has spoken on any matter, the subject of a motion, may not again enter upon it when speaking to the adjournment or to an amendment.

23. A Senator who persists in irrelevance or repetition in debate and who, in the opinion of the Cathaoirleach, is speaking for the purpose of obstructing the business of the Seanad, may be directed by the Cathaoirleach to discontinue his speech, after the attention of the Seanad has been called to his conduct.

24. A Senator who persists in obstructing the business of the Seanad in a disorderly manner may be required by the Cathaoirleach to withdraw from the Seanad for the remainder of the sitting. If the disorder be of an aggravated character the period of suspension shall be such as the Seanad shall on motion determine.

25. Senators so withdrawn or suspended from attendance in the Seanad shall take no part in full meeting of the Seanad for the period of suspension determined by the Seanad; but they may continue to act on any Special Committees of the Seanad of which they may be members.

26. The Cathaoirleach is the sole judge of order in the Seanad, and has authority to suppress disorder and to enforce prompt obedience to his ruling.

Closure of Debate.

27. After a motion has been proposed and seconded, and has been further discussed for not less than one hour, any Senator 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 or debate, unless it appears to the Cathaoirleach that the motion is an infringement of the rights of a minority, or an abuse of the Rules of the Seanad.

28. When the motion: “That the question be now put” has been carried, and the question consequent thereon has been decided, any further motion may at once be 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.

29. When a Bill is being considered in Committee of the whole Seanad, or is to be so considered, the Seanad 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 Cathaoirleach shall, without motion or discussion, put to the Seanad the amendment under discussion, and any other amendment, which the Seanad, on a show of hands, without discussion, decides shall be so put. When all amendments have been so disposed of, the Cathaoirleach shall put the clause or clauses concerned to the Seanad.

Divisions.

30. 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 “Tá,” and as many as are of contrary opinion shall say “Nil.” 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 Cathaoirleach as to his decision on a question be challenged, he shall order the Seanad to divide. The Clerk of the Seanad shall then call the roll of Senators, who shall reply “Tá” or “Nil,” as the case may be. The Clerk shall then hand a Division Paper stating the result to the Cathaoirleach, who shall announce the numbers to the Seanad, and declare the result of the division. In giving their votes Senators shall attend in their places, and rise when recording their votes.

31. All disputed matters in the Seanad shall save as in these Standing Orders is otherwise provided, be determined by a majority of the votes of the Senators present, other than the Cathaoirleach, or Presiding Senator, who shall have and exercise a casting vote in the case of an equality of votes.

Committees.

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

33. In Committee of the whole Seanad a Senator shall not speak for longer than ten minutes, nor more than twice on any one matter, provided that this order shall not apply in Committee to a Senator in charge of a Bill. When more than one Senator rises to speak, the Cathaoirleach shall give preference to a Senator who has not previously spoken on the same matter.

34. A motion or amendment made in Committee need not be seconded.

35. In addition to the Committees consisting of the whole of the Seanad, the Seanad may appoint Special Committees by motion appearing on the Agenda. Such motion shall, save as otherwise provided in these Standing Orders, specifically state the terms of reference to such Commitees, 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 Seanad.

36. Committees shall, as far as possible, be representative of all parties of opinion in the Seanad.

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

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

Visitors.

39. Visitors may be introduced by Senators, with the consent of the Cathaoirleach and upon such conditions as he may prescribe, and authorised representatives of the Press may be present at Sittings of the Seanad.

40. In case of special emergency any Senator may move that all visitors and Press representatives be excluded from the Seanad, and this shall be done by direction of the Cathaoirleach, with the assent of two-thirds of the Senators present.

Reports of Debates.

41. A report of all Proceedings and Debates of the Seanad shall be issued under the supervision of the Cathaoirleach.

42. A copy of the Proceedings and Debates of the Seanad, as well as every other paper, document, and publication of the Seanad, shall be sent to every Senator.

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

Bills and Resolutions.

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

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

46. The matters which shall be dealt with by Bills shall include all legislation.

Passing of Bills.

FIRST STAGE.

47. When a Bill is to be introduced into the Seanad a copy shall be handed to the Clerk of the Seanad, and its title, and a short description of its purpose, prepared by the proposers and accepted by the Cathaoirleach, shall appear on the Agenda. The Senator 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 Senators.

Provided always that in the case of a Bill which has been sent forward to the Seanad after it has been passed by the Dáil the First Reading Stage shall be dispensed with. Upon its receipt by the Seanad a printed copy shall be sent to all Senators and the Bill shall thereupon be placed on the Agenda by the Cathaoirleach at an early date for the Second Reading Stage, and he shall also give all practical facilities for the completion of its subsequent stages, and he shall in the case of a Government Bill give it precedence in its subsequent stages unless the Seanad shall otherwise determine. In the case of such Government Bill it shall not be necessary at any stage to make a motion.

SECOND STAGE.

48. 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.

49. A Bill which has passed its Second Reading shall be referred to a Committee for detailed consideration, or shall be so considered by the Seanad, 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.

50. When a Bill shall have passed its Second Reading the Seanad shall, without notice or debate, decide whether it shall be referred to the Seanad sitting in Committee or to a Special Committee. If it be referred to a Special Committee the Seanad shall thereupon appoint the Senators who shall serve upon such Committee, shall appoint their Cathaoirleach and decide what number shall constitute a quorum.

51. When a Bill is to be considered by the Seanad sitting in Committee, proposed amendments shall be notified in due time and shall be arranged by the Cathaoirleach in proper order and shall, if time permits, appear on the Agenda of the Seanad on those days on which the Seanad in Committee is to consider the clauses to which the amendments refer, provided nevertheless that the Cathaoirleach may, in his discretion, permit any amendment to be moved without notice.

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

53. When a Bill is being considered in Committee, the clauses shall be taken in their order, and no motion for the purpose shall be necessary. When any clause is taken a Senator may move an amendment to the clause or he may move that a new clause be inserted before it in the Bill. This latter motion shall be taken first and, if passed, the new clause proposed shall then be taken.

54. A Committee, in considering a Bill, may at any time adjourn, but motions to adjourn deemed by the Cathaoirleach to be obstructive shall not be accepted. The Seanad 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.

55. 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 Seanad.

FOURTH STAGE.

56. When a Bill has been returned from a Special Committee, or from the Seanad 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 Seanad desires, it may refer the Bill back to the Committee, or to the Seanad sitting in Committee, with an instruction that specified clauses be reconsidered.

57. After the Seanad 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.

58. 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, of which due notice shall have been given.

59. In the case of a Government Bill the motion for its second reading, for its reference to a Committee for the consideration of the preamble and clauses of the Bill, for reading the Bill for final consideration, or for the passing of the Bill, shall not require to be proposed or seconded, but shall be put from the Chair.

Special Motions.

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

(a) A motion to adjourn in accordance with Standing Order 13.

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

(c) A vote of condolence.

(d) A motion fixing the number and quorum and appointing the Cathaoirleach 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 Cathaoirleach and Leas-Chathoirleach that a Senator shall preside. Such a motion shall not be debated.

(f) A motion by permission of the Cathaoirleach that the Seanad adjourn for a period not exceeding two hours.

61. In the case of any Bill which has passed through all its stages in the Seanad but which by reason of amendments being inserted by the Dáil is returned to the Seanad for further consideration, such consideration shall be confined to the amendments only.

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

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

Resignations of Senators.

64. Resignation of a Senator from the Seanad shall be made in writing to the Cathaoirleach.

Election to Casual Vacancies.

65. Upon the occasion of a casual vacancy through the death or resignation of a Senator the Cathaoirleach shall upon the first opportunity give notice of the same, and the Seanad shall thereupon fix a date at an interval of not less than one fortnight for the holding of an election to fill the vacancy.

66. Within seven days from the date of the fixing of the election any Senator may by notice in writing, signed by him and delivered to the Clerk, nominate a candidate. Every such notice must contain the full name, address, and qualifications of the candidate, and be accompanied by a consent, in writing, over his signature, to act if elected.

67. Upon the appointed day, the Seanad shall, if the candidates number five or more, proceed in the first instance to vote by ballot for one or more, but not exceeding three. A vote by ballot shall then be taken to select two out of the three candidates who shall have obtained the highest number of votes upon the previous ballot, each member voting for not more than two out of the three names.

68. A further vote by ballot shall then be taken as between these two candidates, each Senator voting for one only, and if the candidate who heads the poll has obtained a majority of three-fifths of the Senators present and voting, he shall be declared to have been duly elected, but if he fails to obtain the requisite majority, his name shall be submitted to a further ballot, and if he fails to obtain the prescribed majority, the election shall be treated as abortive, and a fresh election ordered for a date to be fixed by the Seanad.

69. Should the candidates number more than two but less than five, or should two only be proposed, the method of election shall be the same, save that in the former case the first ballot shall be for the selection of two names, and in the latter for one.

70. Should one candidate only be nominated his name shall be submitted to the ballot, and if he obtains a majority of three-fifths of the votes of Senators present and voting he shall be declared to have been duly elected, otherwise the election shall be treated as abortive, and a fresh election held upon a date to be fixed by the Seanad.

71. For the purpose of any such election the quorum shall consist of not less than thirty members.

Standing Orders’ Committee.

72. At the commencement of each Session the Seanad shall appoint a Commttee on Standing Orders which shall consist of the Cathaoirleach and Leas-Chathaoirleach ex-officio, and not more than four Senators.