Committee Reports::Report No. 02 - Procedure and Privileges (Office of Leas-Cheann Comhairle)::19 April, 1928::Proceedings of the Joint Committee

The Ceann Comhairle (in the Chair); Deputies Aiken, Boland, Cooper, Duggan, P. S. Doyle, Flinn, Little, Morrissey, O’Donovan and Thrift.

“That the Committee is of opinion that the Constitution should be amended so as to provide that the Leas-Cheann Comhairle or other Presiding Deputy should have an original vote in all cases, but no casting vote; a motion not carried by a majority to be regarded as lost.”

Against:—Deputies Cooper, Duggan, P. S. Doyle, Morrissey, O’Donovan and Thrift.

1. In fulfilment of a suggestion made by the Ceann Comhairle in the Dáil on Friday, 9th March, 1928, the matter of the Office of Leas-Cheann Comhairle was set down for consideration by the Committee on Procedure and Privileges at its meetings on

2. The Committee had before it a memorandum, submitted by the Ceann Comhairle at the request of the Committee, setting forth his views of the duties expected of a Leas-Cheann Comhairle, and on the matter of the reconciliation of these duties with the activities, as a Deputy, of the holder of the office.

3. The Committee is in agreement that the duties of the Office are as follow:—

(1) The Leas-Cheann Comhairle must deputize generally for the Ceann Comhairle. In the absence for a period of the Ceann Comhairle he assumes the duties and powers of the Ceann Comhairle—including the administrative headship of the office. It is part of his duties, therefore, to prepare himself adequately for such a contingency. He must study rulings given by the Chair and parliamentary procedure generally, so as to have a background of knowledge. During a Recess he is also expected to devote part of his time to the work, so as to become acquainted with office organisation and what is being done in the offices.

(2) The duties may be divided into two classes (a) duties concerned with what is technically described as “public business” (b) duties concerned with Private Bill legislation. These categories may again be sub-divided into (c) office work and (d) work in the House proper—subdivisions common to the main classes.

(a) The duties concerned with public business consist of the examination of the texts of all motions, amendments, Bills and amendments to Bills proposed to be submitted to the House for consideration, in order clearly to understand their implications, and to see that they comply with the requirements of the Standing Orders and the practice of the Dáil. To perform this work satisfactorily it is necessary that the Leas-Cheann Comhairle should attend in the office on the day previous to the sitting of the Dáil (after adjournment over a week-end or longer period) and during the forenoons of sitting days for preliminary preparation, and so as to be available for consultation with the Ceann Comhairle or the Clerk.

(b) In performance of the duties connected with Private Bill legislation, the Leas-Cheann Comhairle is entrusted with the supervision of Private Bill legislation in the Dáil. He moves the various stages of such Bills, and is expected in putting the measures before the House, to have made himself familiar with the contents of each such Bill, and to have anticipated any action which may be necessary to prevent the House inadvertently passing a Private Bill which contains sections prejudicial to the interests of the community generally. He is also expected to keep in touch with the work of building up the highly technical procedure—including the revision of Standing Orders as and when experience so dictates— which necessarily surrounds Private Bills, on lines in accord with the requirements of the country.

(3) The Leas-Cheann Comhairle must be in attendance during the whole period of a sitting of the Dáil.

4. The Committee is of opinion that while the rights, as a Deputy, of the holder of the office of Leas-Cheann Comhairle remain to him fully, there are inherent in the position considerations which render it undesirable that the Leas-Cheann Comhairle should exercise all of these rights, and to the fullest extent.

5. The Committee is in agreement with the view that the Leas-Cheann Comhairle should be entitled to vote, but in view of the practical difficulties presented by the stipulation contained in Article 22 of the Constitution, as to the exercise by a presiding member of a casting vote, and by the inevitable absence, on occasion, of the Ceann Comhairle, is unable to agree that the Leas-Cheann Comhairle must, on all question put from the Chair upon which divisions are claimed, be entitled to exercise an original vote.

6. The Committee is, further, of opinion that the Leas-Cheann Comhairle should not, as a practice, initiate motions or amendments to motions, nor offer amendments to Bills. In coming to that conclusion, the Committee was influenced by the consideration, among others, that if the Leas-Cheann Comhairle were so permitted to initiate debates on controversial topics, over which he might subsequently have to preside, and during which his motives as mover might be subjected to criticism, his position while occupying the Chair would be rendered difficult.

7. The Committee considers, however, that as a matter of arrangement special facilities might be given regarding motions peculiarly affecting the constituency of the Deputy holding the office of Leas-Cheann Comhairle.

8. The Committee in submitting the recommendations contained in this report for the consideration of the Dáil, desires to place on record its view that the position of the Leas-Cheann Comhairle, in regard to the exercise of his rights as a Deputy, should not be the subject of definition by Standing Order, but should be a matter for settlement by usage and experience and by consultation, as occasion requires, with the Committee on Procedure and Privileges.

“After the word and figures ‘9th March, 1928’ to insert ‘following upon the resignation of the Leas-Cheann Comhairle on the 8th March.”’

“In paragraph 3 (1), to delete the first sentence and substitute therefor the words ‘It is the function of the Leas-Cheann Comhairle to deputize generally for the Ceann Comhairle.”’

“After the word ‘contingency’ to insert the words ‘He shall make himself fully acquainted with and be bound by Standing Orders and shall’.”

Amendment amended, by leave, by the deletion of the words “and be bound by.”

“After the word ‘knowledge’ to insert the words ‘He shall exercise an independent judgment on all matters of order while in the Chair’.”

“In sub-paragraph (3), after the word ‘Dáil’ to add the words ‘provided that in an emergency he may arrange for his duties in the Chair to be discharged by a member of the panel of Chairmen’.”

“In sub-paragraph (3), after the word ‘must” to insert the word ‘normally’.”

“Immediately before the word ‘exercise’ to insert the word ‘habitually’; and to delete the words ‘all of’.”

Against:—Deputies Cooper, Duggan, P. S. Doyle, Morrissey, O’Donovan and Thrift.

‘The Committee is of opinion that the rights of the Deputy, holder of the Office of Leas-Cheann Comhairle, include generally the discharge of any function of a private member which would not make the adequate discharge of the Office of Leas-Cheann Comhairle impossible and specifically the moving or speaking to any motion which in the discharge of that duty he considers he ought to move or speak to.

‘Broadly the spirit of the definition of the duties of Leas-Cheann Comhairle in the minds of the Committee is one which recognises that the status of Deputy arises from the acceptance of certain obligations by a candidate to the electorate, namely, that of the fullest exercise in the manner he thinks best of all the powers of a private member on their behalf and that any interference with the exercise of that power for the convenience of the House shall be the minimum possible.

‘The Committee do not anticipate any difficulty in carrying out this principle, which cannot be readily got over by co-operation between the Ceann-Comhairle, the Leas-Cheann Comhairle, and the panel of Chairmen’.”

Against:—Deputies Cooper, Duggan, P. S. Doyle, Morrissey, O’Donovan and Thrift.

“To delete all words after the word ‘practice’ to the end of the paragraph and add the words ‘adopt such an attitude that he will become a centre of controversy. The Committee consider that the interpretation of this clause may be left to the reasonable discretion of the Deputy the House will elect to this position’.”

Against:—Deputies Cooper, Duggan, P. S. Doyle, Morrissey, O’Donovan and Thrift.

“To delete the word ‘might’ and substitute therefor the the word ‘should’.”

“Immediately before the word ‘definition’ to insert the word ‘further’.”

“That the Chairman’s Draft Report, as amended, be the Report of the Committee to the Dáil.”

IMEACHTA AN CHOISTE.

PROCEEDINGS OF THE COMMITTEE.

Déardaoin, 19adh Abrán, 1928.

Thursday, 19th April, 1928.