Committee Reports::Report - relating to Standing Orders::21 May, 1930::Appendix


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SCHEDULE.

SEANAD EIREANN.

STANDING ORDERS RELATIVE TO PUBLIC BUSINESS.

Proclamation by the Governor-General.

1. At the first meeting of the Seanad after a Proclamation by the Governor-General convening the Oireachtas, the Proclamation shall be read from the Table by the Clerk of the Seanad.

Procedure at Commencement of Triennial Period.

Compliance with provisions of Article 17 of the Constitution.

2. When the Return shewing the result of a triennial election to the Seanad has been duly received by the Clerk from the Seanad Returning Officer, the Clerk shall make all necessary arrangements for the purpose of enabling the newlyelected Senators to comply, within the statutory period, with Article 17 of the Constitution.

Opening of the proceedings.

3. The Clerk shall summon a meeting of the Seanad for 3 p.m. on the first Wednesday occurring at the beginning of each triennial period, provided that the Seanad is then in session. So soon as a quorum is present (S.O. 16), the Chair shall be taken at such meeting by the senior elected Senator present, and when prayers have been read (S.O. 15) the Clerk shall read the names of the Senators duly returned at the preceding triennial election in the order of their election.

If the Seanad is not then in session, this Standing Order shall apply (with the necessary modifications) to the meeting of the Seanad held pursuant to the Proclamation of the Governor-General convening the Oireachtas.

Copy of Return to be laid on the Table.

4. A copy of the Return showing the result of the triennial election shall be laid upon the Table by the Clerk.

Cathaoirleach and Leas-Chathaoirleach.

5. (1) When the Clerk has read the names of the Senators duly returned, the Seanad shall proceed to the election of a Chairman, who shall be designated and addressed as the Cathaoirleach. Any Senator may move, “That Senator...................................... (naming him) be elected and do now take the Chair of the Seanad as Cathaoirleach.”

(2) If only one Senator be proposed, the question “That Senator be elected and do now take the Chair of the Seanad as Cathaoirleach” shall be put from the Chair and shall be decided like other questions, but without debate.

(3) If two Senators be proposed, a division shall be taken between them, tellers being appointed for each candidate by the presiding Senator. Senators voting for one candidate shall pass through one division lobby and Senators voting for the other candidate through the other division lobby. The candidate who obtains the majority of votes shall be declared to have been duly elected.

(4) If more than two Senators be proposed, their names shall be submitted to a preliminary vote, each Senator voting for not more than two candidates by delivering to the Clerk a voting paper, signed by him, on which he has written the name or names of the candidate or candidates for whom he votes.

The names of the two Senators obtaining the highest number of votes shall then be submitted to the House and a division shall be taken between them in the manner prescribed above; and the candidate who obtains the majority of votes shall be declared to have been duly elected.

(5) In the case of an equality of votes between two or more candidates, the presiding Senator shall have and exercise such casting vote or votes as may be necessary to bring the matter to a decision.

(6) In the event of the presiding Senator being proposed for the position of Cathaoirleach he shall thereupon leave the Chair and the Chair shall be taken by the senior elected Senator present who is not a candidate.

Cathaoirleach to take the Chair.

6. The Cathaoirleach shall, immediately upon his election, take the Chair, but in the case of the absence of the Cathaoirleach the presiding Senator shall continue to act for the Cathaoirleach until the Cathaoirleach shall enter the Chamber.

7. Immediately after the election of the Cathaoirleach, the Seanad shall fix a date for the election of a Vice-Chairman who shall be designated and addressed as the Leas-Chathaoirleach; and the procedure therefor shall be the same as in the case of the election of the Cathaoirleach (S.O. 5) save that motions nominating candidates may be made only after notice (S.O. 21).

8. The Cathaoirleach and Leas-Chathaoirleach shall hold office until the end of the triennial period during which they are elected: provided that the Seanad may at any time by Resolution, of which seven clear days’ notice of motion has been given, remove from office either the Cathaoirleach or the Leas-Chathaoirleach.

Minister or Parlimentary Secretary may not act.

9. No Minister or Parliamentary Secretary may act as Cathaoirleach or Leas-Chathaoirleach.

10. In the case of an interim vacancy in the office of Cathaoirleach or Leas-Chathaoirleach, the Clerk shall report the same to the Seanad at its next meeting and an order shall be made fixing a date for the election to fill such vacancy. The election shall take place in the manner provided in Standing Order 5 and motions nominating candidates shall be subject to the notice required by Standing Order 21.

Leas-Chathaoirleach to act in absence of Cathaoirleach.

11. In the absence of the Cathaoirleach, the Leas-Chathaoirleach shall perform the duties devolving upon and exercise the authority conferred upon the Cathaoirleach by these Standing Orders.

Nomination of Panel of Chairmen.

12. The Cathaoirleach shall nominate at the commencement of each triennial period a panel of two Senators, either of whom shall act as presiding Senator or Chairman of Committee of the whole Seanad when requested so to act by the Cathaoirleach.

Absence of Cathaoirleach and Leas-Chathaoirleach.

13. If both the Cathaoirleach and the Leas-Chathaoirleach be absent from a meeting of the Seanad, so soon as a quorum is present the Clerk shall so notify the Seanad, and, subject to the provisions of Standing Order 12, the Seanad shall at once proceed to elect one of its members to perform the duties devolving upon and exercise the authority conferred upon the Cathaoirleach by these Standing Orders for that day only. If there be not a quorum present, the Seanad shall stand adjourned until the next sitting day.

Language.

Proceedings in Irish or English. Orders and Documents.

14. (1) All proceedings of the Seanad shall be conducted through the medium of the Irish or the English language.

(2) All orders and official documents shall be issued in the Irish and English languages.

Prayer.

To be said at commencement of sitting.

15. At the commencement of each sitting of the Seanad all Senators present shall stand, and the following Prayer shall be read by the Clerk in the Irish and English languages:—

“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.”

Quorum.

16. The quorum necessary to constitute a meeting of the Seanad or of a Committee of the whole Seanad shall be twelve Senators, inclusive of the Cathaoirleach or presiding Senator.

Procedure if no quorum at hour fixed for meeting.

17. The Cathaoirleach shall take the Chair as soon after the hour appointed for the meeting of the Seanad as there shall be a quorum present, but if, at the expiration of half an hour after the hour appointed, there be not a quorum, the Cathaoirleach shall then take the Chair and adjourn the Seanad to the next sitting day; and the hour of such adjournment, as also the names of the Senators then present, shall be entered in the Journal of the Proceedings of the Seanad.

Adjournment in absence of quorum.

18. If at any stage in a sitting of the Seanad, or of a Committee of the whole Seanad, any Senator calls the attention of the Chair to the fact that a quorum is not present, or if on the report of a division such fact shall appear, the division bell shall be rung, and if after an interval of not less than five minutes a quorum is still not present, the Cathaoirleach shall suspend the sitting to a later hour to be named by him, or shall adjourn the Seanad without question put until the next sitting day; and no decision shall be considered to have been arrived at by such division; and the hour of such adjournment shall be entered in the Journal of the Proceedings of the Seanad.

Sittings of the Seanad.

Time and days of sitting. Suspension of sitting.

19. (1) While the Seanad is in session, and unless it shall otherwise resolve, it shall meet on Wednesdays and Thursdays at 3 p.m. and on Fridays at 11.30 a.m.

(2) The Cathaoirleach may summon a meeting of the Seanad for an earlier date than that fixed on the adjournment, for special reasons to be stated by him in such summons.

(3) A motion that a sitting be suspended for a period may at any time be made, by permission of the Cathaoirleach and without notice. Such motion shall fix the period of suspension.

Order Paper.

20. Every sitting of the Seanad shall be governed by a printed Order Paper, which shall be prepared under the direction of the Cathaoirleach. The business shall be dealt with in order as printed unless the Seanad shall order otherwise.

Notice of motions and amendments. Shorter notice.

21. All motions to be placed on the Order Paper for any day shall be in writing, signed by a Senator, and shall reach the Clerk not later than 3 p.m. on the fifth preceding day. Any amendments to such motions shall be in writing, signed by a Senator, and shall reach the Clerk not later than 4 p.m. on the second preceding day: provided that by permission of the Cathaoirleach motions and amendments may be moved on shorter notice.

Contents of Order Paper.

22. The Order Paper shall contain the text of all motions, and amendments thereto, to be proposed (save such as are allowed by these Standing Orders to be proposed without notice).

Powers of the Cathaoirleach.

23. The Cathaoirleach shall examine every notice of motion to ensure that it shall be as brief as possible and that it shall contain no preface or argument, nor any personal imputation upon any member of the Oireachtas. The Cathaoirleach may amend any such motion after consultation with the Senator responsible therefor.

Discussions on motion for adjournment.

24. On the motion for the adjournment of the Seanad, any Senator may bring forward for discussion any matter of which he has given notice in writing to the Cathaoirleach before the opening of that day’s sitting. The Cathaoirleach shall inform the House of such notice before the commencement of Public Business and the House shall stand formally adjourned without question put not more than half an hour after the commencement of such discussion.

Adjournment on matters of urgent public importance.

25. (1) A motion for the adjournment of the Seanad may be made if a Senator, not more than half an hour after the opening of the sitting, rises in his place and states that he requests leave to move such adjournment of the Seanad for the purpose of discussing a definite matter of urgent public importance, whereupon he shall state the matter and deliver to the Cathaoirleach a written statement of the subject to be discussed.

(2) The Cathaoirleach shall thereupon, if he considers the motion to be one contemplated by this Standing Order, desire the Senators who support the request to rise in their places, and if not less than five Senators rise accordingly, exclusive of the Senator who has made the request, the Cathaoirleach shall give leave to move the motion, which shall be moved at such hour on the date on which the request is made as shall be fixed by him.

(3) A matter submitted in pursuance of this Standing Order which fails to obtain the requisite support cannot during the current year be again brought forward under this Standing Order.

Privileges of the Seanad Suspension of business.

26. 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 be moved without notice. The further consideration of the business on the Order Paper shall then be suspended until the question has been decided or the debate thereon adjourned.

Rules of Debate.

Senators shall address the Chair.

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

Precedence of Cathaoirleach.

28. Whenever the Cathaoirleach rises during a debate, any Senator then speaking, or offering to speak, shall resume his seat.

29. No Senator shall read his speech.

When motions or amendments lapse.

30. If a Senator does not move the motion or amendment which stands in his name, such motion or amendment shall lapse unless moved by some other Senator.

31. No Senator shall be entitled to speak twice upon the same motion or amendment, except to close a debate upon the original motion or amendment of which he was the proposer. But a Senator is not precluded from speaking on an amendment by reason of his having spoken upon the original motion or upon any other amendment.

Seconding motions or amendments.

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

Motions or amendments may be withdrawn.

33. A Senator who has moved a motion or an amendment may withdraw the same by leave of the Seanad.

Relevancy and form of amendments.

34. 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.

Debate not allowed after question put.

35. When the question on a motion or an amendment has been put from the Chair no further debate thereon shall be allowed.

Rescinding or amending a Resolution.

36. A motion to rescind or amend a Resolution, other than a Resolution relating to an adjournment of the Seanad or to Standing Orders, can be made only 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 Order Paper to rescind any such Resolution within six months from the date of its adoption, except with the written assent of not less than twenty Senators.

Restrictions on debate.

37. No Senator shall re-open a discussion on a question already decided within the preceding six months, except by the permission of the Seanad for a personal explanation; nor anticipate the discussion of any subject of which notice has been given: provided that, in determining whether a discussion is out of order on the ground of anticipation, regard shall be had by the Cathaoirleach to the probability of the matter anticipated being brought before the Seanad within a reasonable time.

Maintenance of Order.

38. 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. In Committees, order shall be maintained by the Chairman.

Matters of order not provided for in Standing Orders.

39. In all matters of order which may arise and are not provided for in these Standing Orders, the Cathaoirleach shall rule as to him shall seem right, having regard to such precedents as may have been established and to the circumstances of the case: provided that such ruling may, on motion made, with or without notice, or shall, on a requisition to that effect signed by not less than fifteen Senators, be referred to the Committee on Procedure and Privileges for a report (S.O. 60). On receiving such report the Seanad shall decide the question.

Irrelevance or repetition.

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

Disorderly conduct. Senator to withdraw.

41. The Cathaoirleach shall order a Senator whose conduct is grossly disorderly to withdraw immediately from the Seanad for the remainder of that day’s sitting. If, however, on any occasion the Cathaoirleach deems that the powers conferred under this Standing Order are inadequate to deal with the offence, he may, in accordance with the next succeeding Standing Order, name such Senator for misconduct, or he may call on the Seanad to adjudge upon his conduct. Senators who are ordered to withdraw in pursuance of this Standing Order, or who are suspended in pursuance of the next succeeding Standing Order, shall forthwith withdraw from the precincts of the Seanad.

Suspension of a Senator.

42. (1) Whenever any Senator shall have been named by the Cathaoirleach immediately after the commission of the offence of disregarding the authority of the Chair, then, if the offence has been committed by such Senator in the Seanad, the Cathaoirleach shall forthwith put the question on a motion being made—no amendment, adjournment or debate being allowed—“That Senator...................................... (naming him) be suspended from the service of the Seanad.” If the offence has been committed in Committee of the whole Seanad, the Chairman shall forthwith suspend proceedings and report the circumstances to the Seanad, and the Cathaoirleach shall thereupon, on motion being made, put the same question without amendment, adjournment or debate as if the offence had been committed in the Seanad.

(2) If any Senator be suspended under this Standing Order, his suspension on the first occasion shall continue for one week, on the second occasion for a fortnight, and on the third or any subsequent occasion for one month: provided that on receiving from the Senator so suspended a written and approved expression of regret, to be entered on the Journal of the Proceedings of the Seanad, the Cathaoirleach shall lay the same before the Seanad and, on motion made without notice, amendment, adjournment or debate, forthwith 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 readmitted: provided further that suspension from the service of the Seanad shall not exempt the Senator so suspended from serving on a Select or Special Committee of the Seanad to which he may have been appointed previous to his suspension.

Adjournment in case of great disorder.

43. In the case of great disorder, the Cathaoirleach may adjourn the Seanad to the next sitting day without question put, or suspend the sitting for a time to be named by him.

Closure of Debate.

44. After a question has been proposed from the Chair either in the Seanad or in a Committee of the whole Seanad and has been debated for not less than one hour, a Senator may claim to move, “That the question be now put,” and unless it shall appear to the Cathaoirleach that such a motion is an infringement of the rights of a minority, or that the question has not been adequately discussed, or that the motion is otherwise an abuse of these Standing Orders, the question “That the question be now put” shall be put forthwith, and decided without amendment or debate.

Motion to Proceed to the Next Business.

45. (1) At any stage of a debate, other than a debate on any stage of a Bill, a Senator may move, “That the Seanad proceed to the next business,” and this motion, to which an amendment cannot be moved, shall take precedence of all amendments to the original question: provided that this motion may not be made more than once during the debate on any question.

(2) The motion cannot be made where the original question is one relating to the ordering of public business, or to the meeting of the Seanad, or to an amendment, or in Committee.

(3) If the Seanad resolves the motion in the affirmative, the original question is thereby disposed of, and the Seanad shall proceed to the next business on the Order Paper.

Parliamentary Secretaries.

Grant of audience to Parliamentary Secretary.

46. A Parliamentary Secretary who is not a member of the Seanad may, by leave of the Cathaoirleach, attend and be heard during the different stages of any Bill or the debate on any other matter in which the Department of the Minister to whom he is assigned is concerned.

Divisions.

Divisions may be demanded.

47. (1) When any question is to be put to the Seanad, or to a Committee of the whole Seanad, the Cathaoirleach shall rise 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 the contrary opinion shall say Níl. He shall judge from the answers to his question and declare the result, in his opinion, of the putting of the question.

(2) After the Cathaoirleach shall have declared the result, in his opinion, of the putting of any question, any Senator may demand a division upon that question, whereupon a division shall be taken: provided always that the Cathaoirleach, if in his opinion a division is unnecessary, may call upon the Senators who demand the division to rise in their places, and if fewer than five Senators so rise he shall forthwith declare the result, and the names of the Senators who so rise shall be recorded in the Journal of the Proceedings of the Seanad.

Division bell rung and doors locked.

48. When a division is to be taken the Cathaoirleach shall cause the division bell to be rung; after the lapse of five minutes the division bell shall be rung again and so soon thereafter as the Cathaoirleach shall direct the doors of the Chamber shall be locked.

Divisions, Tellers to hand in Division Paper.

49. When the doors have been locked and the Division Lobbies cleared, the Cathaoirleach shall again put the question and declare afresh the result, in his opinion, of the putting of the question. If such fresh declaration be challenged, he shall order the Seanad to divide and shall nominate two tellers for each side. On the completion of the count, the tellers shall sign a division paper, which shall be handed to the Cathaoirleach, who shall announce the numbers and declare the result of the division. The doors shall then be re-opened.

Committees.

Going into Committee.

50. The Seanad shall go into Committee whenever it reaches business on the Order Paper which is to be considered in Committee.

Procedure in Committees.

51. The rules as to procedure in the Seanad shall apply to procedure in Committee of the whole Seanad and in Select or Special Committees, except that

(i) a motion or amendment need not be seconded;

(ii) a motion to proceed to the next business cannot be moved;

(iii) a Senator may speak more than once but shall not be entitled to speak more than three times on any one matter, except to close the debate on a motion or amendment of which he was the proposer: provided that this limitation shall not apply to a Senator in charge of a Bill.

Motion reporting progress.

52. A motion to report progress may be made in Committee of the whole Seanad: provided that the Chairman may refuse to accept any such motion if he deems it to be dilatory or obstructive. (S.O. 84).

53. When a Committee of the whole Seanad has concluded the consideration of the matters referred to it, the Chairman shall be directed to report that the Committee has agreed to them with or without amendment.

54. The Seanad may, on motion made, appoint a Committee to consider and, if so permitted, to take evidence upon any Bill or matter, and to report its opinion for the information and assistance of the Seanad. Such motion shall specifically state the terms of reference to the Committee, define the powers devolved upon it, fix the number of Senators to serve on such Committee and state the quorum thereof, and may appoint a date upon which the Committee shall report back to the Seanad. Such Committee shall be entitled a Select Committee.

Power of a Select Committee to report opinion and make special report.

55. A Select Committee, empowered to send for persons, papers and records, may report its opinions and observations, together with the minutes of evidence taken before it, to the Seanad, and also make a special report of any matters which it may think fit to bring to the notice of the Seanad.

Special Committees.

56. The order of the Seanad setting up a Special Committee to consider a Bill (S.O. 79) may fix a date upon which the Committee shall report back to the Seanad.

Election of Chairman.

57. Every Select or Special Committee, previous to the commencement of business, shall elect one of its members to be Chairman, and he shall have only one vote.

Taking of Divisions in Select or Special Committees.

58. The doors of the Committee Room shall be locked while a division is being taken in a Select or Special Committee. Divisions shall be taken by the Clerk to the Committee calling the names of the members.

Committee of Selection.

59. There shall be appointed at the commencement of each triennial period a committee to be known as the Committee of Selection, which, unless it shall have been otherwise ordered, shall nominate the Senators to serve on Select or Special Committees and which shall have power to discharge members of such Committees from time to time for non-attendance or at their own request, and to appoint others in substitution for those discharged. The Committee of Selection shall consist of eight Senators, of whom three shall constitute a quorum. The Leas-Chathaoirleach shall be ex officio Chairman of the Committee, which shall otherwise be constituted so as to be impartially representative of the Seanad.

Committee of Procedure and Privileges.

60. There shall be appointed at the commencement of each triennial period a committee to be known as the Committee of Procedure and Privileges, which shall consist of the Cathaoirleach (who shall be Chairman), the Leas-Chathaoirleach and seven other Senators. This Committee may consider matters of procedure generally (including any question referred to it under Standing Order 39) and may recommend any additions or amendments to these Standing Orders that may be deemed necessary. The Committee may consider also and report, as and when requested to do so, as to the privileges attaching to Senators.

Discharge of Committees.

61. Notwithstanding 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 of the Seanad shall be deemed to be discharged at the end of each triennial period.

Adjournment in absence of quorum.

62. If after the lapse of a quarter of an hour from the time appointed for the meeting of a Committee there shall not be a quorum, the Committee shall stand adjourned and the Clerk attending the Committee, after entering on the minutes the names of the Senators who attended, shall convene a meeting for a subsequent day.

Office of Clerk and Records of the Seanad.

Journal of the Seanad.

63. All proceedings of the Seanad, or of Committees of the whole Seanad, shall be noted by the Clerk, and the minutes of proceedings, after being perused and signed by the Cathaoirleach, shall be printed and shall constitute the Journal of the Proceedings of the Seanad.

Attendance of Senators.

64. The names of Senators in attendance at meetings of the Seanad shall be noted by the Clerk and recorded in the Journal of the Proceedings.

Custody of records and documents.

65. The custody of the Journal of the Proceedings, records, and all documents whatsoever belonging to the Seanad shall be in the Clerk, who shall neither take nor permit to be taken any such Journal of the Proceedings, records or documents from the Chamber or offices without the express leave of the Seanad: provided that in the event of the Seanad being adjourned for any period longer than a week, such leave may be given by the Cathaoirleach, who shall report the same to the Seanad upon its re-assembling.

Duties of the Clerk.

66. The Clerk shall have the direction and control over all the officers and clerks, subject to such orders as he may, from time to time, receive from the Cathaoirleach or the Seanad.

67. All the duties devolving upon, and all the powers conferred upon, the Clerk by these Standing Orders or by law shall in his absence, and to the extent permitted by law, be performed and exercised by the Clerk-Assistant.

Official Report of Debates.

Issue under supervision of Cathaoirleach.

68. An Official Report of the Debates of the Seanad shall be issued under the supervision of the Cathaoirleach. A copy of such Official Report, as well as of every other paper, document and publication of the Seanad, shall be made available for every Senator.

Superintendent of the Oireachtas.

Duties of the Superintendent of the Oireachtas.

69. The Superintendent of the Oireachtas or his deputy shall attend in the Seanad during the sittings of the House, and while attending there such officer shall be subject to the control of the Cathaoirleach. He shall admit none but authorised visitors within the precincts of the House and he shall preserve order and decorum amongst them while present. He shall cause the removal of persons irregularly admitted into the Seanad and of persons guilty of disorderly conduct: and he shall be responsible to the Cathaoirleach for the internal safety of the buildings of the Seanad, and for this purpose shall supervise the lighting and other apparatus, and shall take all such other precautions as he may be directed to take, or as he may consider to be necessary.

Visitors.

Introduction by Senators. Press.

70. Visitors may be introduced by Senators to such places as may be reserved for them by the Cathaoirleach and upon such conditions as he may prescribe. Authorised representatives of the Press may be present at sittings of the Seanad or of a Committee of the whole Seanad; but no persons other than Senators shall, except by leave of a Select or Special Committee, be present during any of the proceedings of such Select or Special Committee.

Exclusion in case of emergency.

71. In case of emergency, any Senator may move, without notice, that all visitors and Press representatives be excluded from the Chamber, and if such motion receive the assent of two-thirds of the Senators present all visitors and Press representatives shall be excluded by direction of the Cathaoirleach.

Bills, Resolutions and Orders.

Decision of matter brought before the Seanad.

72. (1) Any matter for decision by the Seanad shall be brought before it by motion for a simple Resolution or Order, or by the introduction of a Bill.

(2) The matters which may be dealt with by Resolution shall include Standing Orders, adjournments of the Seanad appointment or removal of the Cathaoirleach or Leas-Chathaoirleach, expressions of censure, thanks and opinion, and any other matter which, by law, the Seanad may decide by simple Resolution.

(3) The matters which may be dealt with by Order shall include the suspension of Senators, the appointment of Committees, the printing of Bills and documents, and questions of procedure generally.

(4) The matters which shall be dealt with by Bills shall include all proposals for legislation.

Passing of Bills.

First Stage.

Introduction and circulation of Bills.

73. When a Bill is to be initiated in the Seanad a copy thereof, authorised by the signatures of not less than three nor more than six Senators as proposers, shall be delivered to the Clerk, and its title and a short description of its purpose, prepared by the proposers and accepted by the Cathaoirleach, shall appear on the Order Paper. The Senator whose name shall appear as first signatory on the said copy shall be deemed to be the Senator having charge of the Bill and shall move for leave to introduce the Bill. If such motion be opposed, the Cathaoirleach, after permitting an explanatory statement from the Senator who moves, and a statement from a Senator who opposes the motion, shall thereupon put the question: “That leave be given to introduce the Bill.” If leave to introduce the Bill be given, an Order shall be made for its second stage and the Bill shall be printed.

Bills initiated in the Dáil.

74. A Bill which has been initiated in and passed by the Dáil shall be deemed to have passed its first stage in the Seanad and shall be placed upon the Order Paper for its second stage, but, save in the case of a certified Money Bill, not before the expiration of three clear days after it has been received from the Dáil by the Clerk: provided that if, in the case of a Bill other than a Government Bill, when the Order of the Day for its second stage has been read no motion for its second reading be then proposed, the Bill shall not again appear on the Order Paper unless notice of motion has been given.

Bills initiated in the Seanad and amended by the Dáil.

75. A Bill which has been initiated in the Seanad and amended by the Dáil shall, after its receipt back from the Dáil, be deemed to have passed its first, second and third stages in the Seanad and shall be placed on the Order Paper for its fourth stage.

Precedence of Government Bills.

76. A Government Bill shall have precedence in all its stages over a private member’s Bill unless the Seanad shall otherwise determine.

Second Stage.

Second Reading-Opening and closing of debate. Amendments to question.

77. When the question: “That the Bill be now read a second time” has been proposed from the Chair, the Cathaoirleach shall call upon the Minister, Parliamentary Secretary or Senator in charge of the Bill to open the debate, which shall be confined to the general principle of the Bill. The Minister, Parliamentary Secretary or Senator in charge of the Bill shall be afforded an opportunity of closing the debate before the question is put from the Chair.

The following amendments only may be proposed to the question:—

(i) To delete the word “now” and to add at the end of the question the words “this day three months” or some other date; but in the case of a Bill which has been received from the Dáil the period named shall be not longer than seventeen months from the date on which the Bill was first received by the Seanad.

Should a Bill be suspended in this way, it may be revived for consideration before the expiration of the time of suspension on a motion of which seven clear days’ notice has been given.

(ii) To omit all or some of the words after the word “That” and to substitute words which state some special reason against the Bill being read a second time.

Bill received from the Dáil a second time.

78. In the case of a Bill which has been received from the Dáil a second time in accordance with Article 38 A of the Constitution the only amendment which may be proposed to the question “That the Bill be now read a second time” shall be an amendment to omit all or some of the words after the word “That” and to substitute therefor words which state some special reason against the Bill being read a second time.

Third (Committee) Stage.

Bill referred to Committee.

79. (1) When a Bill has been read a second time, it may either be ordered to be considered in Committee of the whole Seanad on a subsequent day then named, or be referred to a Special Committee. Should a Bill be ordered to be referred to a Special Committee, such order shall fix the number of Senators to serve on such Committee, and the quorum thereof; and Standing Orders 56 and 57 shall otherwise apply: provided always that it shall be open to any Senator to move without notice that the Bill be referred to a Select Committee (S.Os. 54 and 55), in which case the Committee Stage of the Bill shall stand postponed until the receipt by the Seanad of the Report of such Select Committee.

(2) The Seanad may on motion made without notice commit the Bill to a Special Committee in respect of some of its provisions and to a Committee of the whole Seanad in respect of other provisions. If such a motion be opposed the Cathaoirleach, after permitting an explanatory statement from the mover of the motion and from a Senator who opposes the motion, may, if he thinks fit, put the question thereon.

Notice and arrangement of amendments.

80. When a Bill is to be considered in Committee, proposed amendments shall be notified before 4 p.m. on the second preceding day and shall be arranged in proper order: provided that in the discretion of the Chair amendments may be moved without notice.

Consideration of Bill section by section.

81. In Committee, a Bill shall be considered section by section. It shall be in order, however, before consideration of a section or sections is entered upon, to move the postponement of the section or sections until another section, other sections or schedules have been disposed of. Any section of a Bill may be amended in Committee and new sections may be inserted.

When amendments are to beoffered.

82. (1) In Committee, when an amendment is offered proposing to insert a new section in a Bill, such amendment may be moved when the number of the section before which it is proposed to insert the new section is read from the Chair, and the question on such amendment shall be first decided.

(2) When the amendments (if any) offered to a section have been disposed of, the Cathaoirleach shall put the question “That such section (or such section as amended) stand part of the Bill.”

(3) In Committee, the consideration of the title and the preamble (if any) of a Bill shall be deferred until the sections and schedules (if any) have been considered.

Instruction to Committees as to amendment of Bills. Amendment of Title.

83. A Committee of the whole Seanad or a Special Committee to which a Bill has been referred shall have power to make such amendments therein as it shall think fit, provided that 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, it shall amend the title accordingly and report the same specially to the Seanad: provided also that no amendment shall be proposed which is in conflict with the principle of the Bill as read a second time.

Adjournment of Committees and report of progress.

84. In considering a Bill, a Select or Special Committee may at any time adjourn, and a Committee of the whole Seanad may at any time report progress, provided that in either case the necessary motion to this effect has been carried. Any such motion if deemed by the Chair to be dilatory or obstructive shall not be accepted. (S. O. 52).

Report of Bill to the Seanad.

85. When the title and the preamble (if any) of a Bill have been considered in Committee, the Bill shall be reported with or without amendment to the Seanad, and an Order shall be then made for its consideration on report on a subsequent day then named.

Fourth (Report) Stage.

Consideration of Bill on Report.

86. On the Order of the Day being read for the consideration of a Bill on report, the Seanad shall proceed to consider the same unless a motion is made to recommit the Bill either wholly or in respect of certain sections: provided, however, that a motion to recommit may be made at any time during the consideration of a Bill on report.

Recommittal of Bill.

87. If a motion to recommit a Bill be opposed, the Cathaoirleach, after permitting an explanatory statement of the reasons for such recommittal from the Senator who moves, and a statement from a Senator who opposes, any such motion respectively may, if he thinks fit, put the question thereon.

Recommital to Committee of the whole Seanad or other Committee.

88. (1) A Bill reported from a Special Committee may be recommitted to a Committee of the whole Seanad or to any other Committee.

(2) A Bill reported from a Select Committee shall be referred to a Committee of the whole Seanad.

Amendments on Report Stage.

89. Amendments may be moved on the Report Stage, but no amendment previously rejected in Committee of the whole Seanad shall be in order.

Amendments may be offered by Minister or Parliamentary Secretary.

90. In the case of a Government Bill in the charge of a Minister or Parliamentary Secretary who is not a member of the Seanad, amendments may be offered on the Report Stage by such Minister or Parliamentary Secretary and such amendments shall be proposed from the Chair but must be seconded.

Notice and arrangement of amendments.

91. When a Bill is to be considered on Report, proposed amendments shall be notified before 4 p.m. on the second preceding day and shall be arranged in proper order.

Bill put forward for final consideration.

92. When the amendments (if any) have been disposed of, the question “That the Bill (or the Bill as amended) be received for final consideration” shall be put from the Chair and, if affirmed, an Order appointing a day for the Fifth Stage shall be made.

Fifth Stage.

Amendment to question. Verbal amendments only to Bill.

93. On the Order of the Day being read for the Fifth Stage of a Bill, the question “That the Bill do now pass” shall be proposed from the Chair.

The following amendment only may be proposed to the question:—To delete the word “now” and to add at the end of the question the words “this day three months” or some other date; but in the case of a Bill which has been received from the Dáil the period named shall be not longer than seventeen months from the date on which the Bill was first received by the Seanad.

Should a Bill be suspended in this way, it may be revived for consideration before the expiration of the time of suspension on a motion of which seven clear days’ notice has been given.

No amendment, not being merely verbal, shall be made to any Bill on the Fifth Stage, but verbal amendments may be made without notice.

Recommendations to Money Bills.

“Recommendation” in lieu of “amendment” where context permits.

94. Where, in the Standing Orders relating to the stages of Bills the word “amendment” or “amendments” is used, such Orders shall, in the case of Money Bills and where the context so permits, be construed as if the word “recommendation” or “recommendations,” as the case may be, had been inserted in lieu thereof.

Corrections in Bills.

Corrections of a verbal or formal nature by Clerk.

95. During the progress of a Bill corrections of a verbal or formal nature may at any time be made in the Bill by the Clerk under the direction of the Cathaoirleach, who shall inform the Seanad thereof.

Hybrid Bills.

96. A Public Bill (not being a Bill to confirm a Provisional Order) affecting private interests in such a way that, if it were a Private Bill, it would under the Standing Orders relative to Private Business require preliminary notices before its introduction, shall be known as a Hybrid Bill and shall be subject to the provisions of Standing Order 52 of the Standing Orders relative to Private Business.

Money Bills.

97. When a Bill certified by the Ceann Comhairle of the Dáil to be a Money Bill is sent to the Seanad for its recommendations, the Clerk shall cause the said Money Bill to be placed on the Order Paper for the next ensuing meeting of the Seanad; but should no meeting of the Seanad have been arranged to be held within seven days of the receipt of such Bill the Cathaoirleach shall forthwith summon a meeting to be held on the first reasonable opportunity within such seven days.

Committee of Privileges.

98. (1) On receipt of a notice in writing from two-fifths of the Senators and addressed to him within seven days after a Bill has been certified by the Ceann Comhairle of the Dáil to be a Money Bill (such Bill not having been returned to the Dáil by the Seanad), requiring that the question whether the Bill is or is not a Money Bill be referred to a Committee of Privileges, or upon a resolution to that effect being passed by a majority of the members of the Seanad present and voting at a sitting of the Seanad at which not less than thirty members are present, the Cathaoirleach shall permit without notice a motion to appoint three Senators to act on such Committee of Privileges as is mentioned in Article 35 of the Constitution and a Message shall be dispatched to the Dáil informing that House accordingly.

(2) On receipt of a Message from the Dáil to the effect that a Committee of Privileges is required in consequence of proceedings in that House, the Cathaoirleach shall permit without notice a motion to elect three Senators to serve on the Committee.

Communication Between the Seanad and the Dail.

Messages.

Messages to the Dáil.

99. Messages from the Seanad to the Dáil shall be in writing, signed by the Clerk or the Clerk-Assistant and shall be addressed to the Clerk of the Dáil.

Messages from the Dáil.

100. (1) Messages from the Dáil shall be received by the Clerk. The Cathaoirleach shall at the first convenient opportunity communicate any such Message to the Seanad: provided that in case of urgency any business in progress upon the receipt of such Message may be interrupted to hear the same.

(2) If a Message from the Dáil requires any action to be taken by the Seanad, it shall be set down on the Order Paper next thereafter prepared and shall be considered accordingly: provided that in case of urgency the Seanad may consider such Message at an earlier period.

Bills.

Vouching of Bills passed by the Seanad.

101. When a Bill initiated in the Seanad has passed through all its stages in the Seanad, the Clerk 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 by the Seanad and the date of its transmission to the Dáil.

Transmission of Bills to the Dáil.

102. Such true copy of a Bill, passed as aforesaid and duly certified in the manner hereinbefore provided, together with a Message referring to such Bill and stating that the Seanad desires the agreement of the Dáil to the passing of the same into law, shall be transmitted to the Dáil.

Procedure regarding Bills received from the Dáil and passed or rejected by the Seanad.

103. (1) When a Money Bill has been received from the Dáil and has been passed by the Seanad, the Clerk shall return the Bill to the Clerk of the Dáil, together with a certificate specifying the recommendations, if any, which the Seanad has made in regard thereto.

(2) When a Bill other than a Money Bill has been received from the Dáil and has been passed by the Seanad without amendment, the Clerk shall send a copy thereof, certified by him as having been passed by the Seanad, to the President of the Executive Council.

(3) When a Bill other than a Money Bill has been received from the Dáil and has been passed by the Seanad with an amendment or amendments, the Clerk shall return the Bill to the Clerk of the Dáil, together with a certificate specifying the amendment or amendments which the Seanad has inserted therein.

(4) When a Bill has been received from the Dáil and has been rejected by the Seanad, the Clerk shall send a certificate to the Clerk of the Dáil stating that the Bill has been rejected by the Seanad.

Amendments by the Seanad not agreed to by the Dáil.

104. When in the case of a Bill which has been received from the Dáil and amended in the Seanad a Message has been received from the Dáil disagreeing with or amending all or any of the amendments inserted in the Bill by the Seanad, such Message shall be placed on the Order Paper next thereafter prepared. Such amendments shall be considered in the order in which they appear, and in each case any Senator may move without notice “That the Seanad do not insist on the amendment.” If no such motion be moved, the Seanad shall be deemed to insist on the amendment. If the Seanad insists upon all or any of the amendments not concurred in by the Dáil, the Clerk shall return the Bill to the Clerk of the Dáil with a certificate specifying the amendment or amendments on which the Seanad has decided to insist, with or without modification.

Conference between the two Houses.

105. (1) In case of disagreement between the Seanad and the Dáil in regard to any Bill, the Seanad may, on motion made with or without notice, propose a conference between members representing both Houses for the purpose of discussing the points of disagreement. Any motion for a conference shall specify the purpose for which the conference is desired and the number of representatives of the Seanad proposed to be appointed. If and when the proposal for a conference has been accepted by the Dáil, the Seanad shall nominate the members to represent the House at the conference or refer such nomination to the Committee of Selection. The time and place of the conference shall be fixed by the Cathaoirleach.

(2) When a Message has been received from the Dáil proposing a conference the matter shall, subject to he provisions of Standing Order 100, be set down on the Order Paper next thereafter prepared. If the proposal of the Dáil be accepted, the Seanad shall nominate a number of Senators equal to the number of Deputies proposed by the Dáil to represent the Seanad at such conference and the Dáil shall be informed accordingly.

(3) In each case, the conclusions of such conference shall be reported to the Seanad.

Business Undisposed of.

Business undisposed of.

106. All business undisposed of at the adjournment of the Seanad shall stand postponed until the next sitting day, unless the Seanad shall otherwise order, and shall be placed on the Order Paper for that day.

Resignation of Senators.

Procedure for, and date of taking effect.

107. Any member of the Seanad may voluntarily resign his membership thereof by notice in writing to the Cathaoirleach, and such resignation shall take effect immediately upon the same being announced to the Seanad by the Cathaoirleach.

Casual Vacancies.

Announcement of, and procedure.

108. (1) Whenever a vacancy occurs in the membership of the Seanad by the death, resignation or disqualification of a member thereof, the Cathaoirleach shall at the first meeting thereafter announce the same to the Seanad. The Seanad shall thereupon direct the Clerk to send notice in writing of such vacancy to the Minister for Local Government and Public Health in order to cause such vacancy to be filled.

(2) On the receipt by the Clerk from the Seanad Returning Officer of the certificate declaring the name of the candidate elected, the Cathaoirleach shall announce the name of such elected candidate at the next ensuing meeting of the Seanad.

(3) The Clerk shall make all necessary arrangements for the purpose of enabling the newly-elected Senator to comply, within the statutory period, with Article 17 of the Constitution.

Papers Laid on the Table.

109. All papers and documents laid on the Table of the Seanad shall be considered to be public.

Suspension of Standing Orders.

110. Any Standing Order or Orders of the Seanad may be suspended for the day’s sitting and for a particular purpose, upon motion made after notice: provided that in cases of necessity, of which the Cathaoirleach shall be the judge, any such Order or Orders may, with the unanimous consent of the Seanad, be suspended upon motion made without notice.