REPORT

Standing Order

Nature of Amendment

1

Standing Order re-drafted to read as follows:—

“1. (1) There shall be a Roll of Members of Seanad Éireann which shall be signed, in the presence of the Clerk, by every member before taking his seat.

(2) Immediately following a General Election for the Seanad and as soon as the results of the polls for elected members at such General Election shall be in the possession of the Clerk and the names of nominated members shall have been communicated to him the Clerk shall notify all members that their attendance is required at a place appointed and on a day (or days) named by him, which day (or days) shall be prior to the date mentioned in the Proclamation summoning the Seanad, for the purpose of complying with the provisions of paragraph (1) of this Standing Order.”

2

Standing Order re-drafted to read as follows:—

“2. At the first meeting of the Seanad subsequent to a General Election for the Seanad and at the hour appointed or as soon thereafter as a quorum is present [S.O.15] the proceedings shall be opened by the Clerk reciting the Prayer [S.O. 14]. He shall then read the Proclamation summoning the Seanad, and, next, the names of the members nominated and of the members elected.”

3

Standing Order re-drafted to read as follows:—

“3. Copies of the certificates of the results of the polls for elected members shall be laid before the Seanad by the Clerk.”

4

Standing Order re-drafted to read as follows:—

“4. (1) When the Clerk has read the names of the Senators nominated and of the Senators elected, 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 . . . . . . . . . . . . be elected and do now take the Chair of the Seanad as Cathaoirleach’. Such motion or motions shall be received by the Clerk, who shall act as Chairman until the Cathaoirleach is elected.

(2) If only one Senator be proposed, the Clerk shall put the question:— “That Senator . . . . . . . . . . . be elected and do now take the Chair of the Seanad as Cathaoirleach’ which shall be decided like other questions: Provided that in the event of there being an equality of votes, the question shall be decided in the negative.

(3) If more than one Senator be proposed as Cathaoirleach the Clerk shall, in the order in which the Senators shall have been proposed, put the question:—‘That Senator . . . . . . . . . . be elected and do now take the Chair of the Seanad as Cathaoirleach’, which shall be decided like other questions: Provided that in the event of there being an equality of votes, the question shall be decided in the negative.”

7

Standing Order amended to read as follows:—

“7. The term of office of the Cathaoirleach and the Leas-Chathaoirleach shall be the term of office of the Seanad existing at the time of their election but the Cathaoirleach shall continue in office until his successor is 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.”

10

Reference to Standing Order 38 deleted.

12

Standing Order re-drafted to read as follows:—

“12. As soon as may be following the first meeting of the Seanad after a General Election for the Seanad, the Cathaoirleach shall nominate a panel of three Senators, any one of whom shall act as presiding Senator or Chairman of Committee of the whole Seanad when requested so to act by the Cathaoirleach.”

13

Standing Order re-drafted to read as follows:—

“13. (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 language and/or in the English language.”

16

Standing Order re-drafted to read as follows:—

“16. The Cathaoirleach shall take the Chair at the hour appointed for the meeting of the Seanad or as soon thereafter as there shall be a quorum present, but if, at the expiration of a quarter of an hour after the hour appointed, there is 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 Senators then present, shall be entered in the Journal of the Proceedings of the Seanad.”

17

Standing Order re-drafted to read as follows:—

“17. If in the course of a sitting of the 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 any such division; and in the event of an adjournment, the hour of such adjournment, as also the names of the Senators present, shall be entered in the Journal of the Proceedings of the Seanad [See S.O. 48].”

18

Standing Order amended to read as follows:—

“18. (1) Unless it shall otherwise resolve the Seanad shall meet on Wednesdays and Thursdays at 3 p.m. and on Fridays at 10.30 a.m.

(2) The Cathaoirleach may summon a meeting of the Seanad for an earlier date than that fixed on the adjournment or for a day other than those specified in paragraph (1) of this Standing Order, for special reasons to be stated by him in such summons. In the event of the Seanad adjourning sine die, the Cathaoirleach shall summon a meeting whenever, in his opinion it is necessary.

(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.”

21

Standing Order amended to read as follows:—

“21. All motions to be placed on the Order Paper for any day shall be in writing, signed by a Senator as proposer and another Senator as seconder, and shall reach the Clerk not later than 11 a.m. on the fourth preceding day, not reckoning a Sunday or public holiday. Amendments to such motions, or to Bills, shall be in writing signed by a Senator as proposer and another Senator as seconder, and shall reach the Clerk not later than 11 a.m. on the second preceding day, not reckoning a Sunday or public holiday: Provided that by permission of the Cathaoirleach motions and amendments may be moved on shorter notice.”

22

Standing Order amended to read as follows:—

“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.”

24

Standing Order amended to read as follows:—

“24. On the motion for the adjournment of the Seanad any Senator may bring forward for discussion a matter of which he has given notice in writing to the Cathaoirleach not later than 3 p.m. on the preceding day, not reckoning a Sunday or public holiday: Provided that, in the absolute discretion of the Cathaoirleach, a matter may be brought forward at shorter notice. The Cathaoirleach shall inform the House of such notice before the commencement of Public Business and shall thereupon rule as to the suitability of such matter for discussion. If the matter is ruled suitable, it shall be discussed at a time specified by the Cathaoirleach and the House shall stand formally adjourned without Question put not more than half an hour after the commencement of such discussion.”

25

Standing Order amended to read as follows:—

“25. (1) A motion for the adjournment of the Seanad on a definite matter of urgent public importance may be made if a Senator, at the commencement of Public Business, rises in his place and states that he requests leave to move the 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 make the motion, which shall be moved at such hour on the day 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 be again brought forward under this Standing Order within the next succeeding six months.”

26

Standing Order re-drafted to read as follows:—

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

29

Standing Order re-drafted to read as follows:—

“29. A Senator shall not be entitled to speak more than once upon a motion or amendment except to close a debate on a motion or amendment of which he was the proposer.”

New Standing Orders.

The following new Standing Orders inserted before Standing

“30A. Government amendments to Bills shall be proposed from the Chair or moved by a Senator who is a member of the Government.

30B. No amendment to a Bill which proposes or increases any aid, grant or charge on the public revenue or increases any charge on the people granted or imposed by such Bill may be moved by any Senator save by way of Government amendment proposed from the Chair or moved by a Senator who is a member of the Government.”

31

Standing Order re-drafted to read as follows:—

“31. A motion or an amendment may be withdrawn by leave of the Seanad or of the Committee.”

New Standing Order

New Standing Order as follows inserted before Standing Order 35:—

“34A. A motion to rescind or amend a Resolution, other than a Resolution relating to an adjournment of the Seanad or to Standing Orders, 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 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 twelve members.”

35

Standing Order re-drafted to read as follows:—

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

36

Standing Order re-drafted to read as follows:—

“36. 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 Committee, order shall be maintained by the Chairman, but disorder or obstruction in Committee can be censured by way of suspension [S.O. 39] only by the Seanad on receiving a report.”

37

Standing Order deleted.

38 and 39

“Senator” substituted for “Senators” wherever the latter word occurs in the Standing Orders, with consequential changes.

Last line of Standing Order 38 amended by insertion of “by the Cathaoirleach” before “at its next sitting”.

42

Standing Order re-drafted to read as follows:—

“42. A Parliamentary Secretary who is not a member of the Seanad may attend and be heard during the different stages of any Bill or the debate on any other matter.”

43, 44, and 45; 45A

Standing Orders re Divisions amended to read as follows:—

“43. (1) When any question is to be put to the Seanad, or to a Committee of the whole Seanad, the Cathaoirleach, or Chairman, 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, or Chairman, shall have declared the result, in his opinion, of the putting of any question, any Senator may claim a division upon that question, whereupon a division shall, subject to Standing Order 45 be taken.

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

45. When the doors have been locked and the division lobbies cleared, the Cathaoirleach, or Chairman, 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, or Committee, to divide and shall nominate two tellers for each side: Provided always that the Cathaoirleach, or Chairman, if in his opinion a division is unnecessary, may call upon the Senators who claim 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.

45A. On the completion of the count, the tellers shall sign a division paper which shall be handed to the Cathaoirleach, or Chairman, who shall announce the numbers and declare the result of the division. The doors shall then be re-opened.”

51

Standing Order deleted.

52

Standing Order re-drafted to read as follows:—

“52. The Seanad may, on motion made, appoint a Select Committee to consider any Bill or matter and to report its opinion for the information and assistance of the Seanad and, in the case of a Bill, whether or not it has amended the Bill. Such motion shall specifically state the terms of reference of the Committee, define the powers devolved upon it, fix the number of Senators to serve on such Committee, state the quorum thereof, and may appoint a date upon which the Committee shall report back to the Seanad.”

54

Standing Order re-drafted to read as follows:—

“54. In the case of a Bill referred to a Special Committee the Order shall fix the number of Senators to serve on such Committee, state the quorum thereof and may appoint a date on which the Committee shall report back to the Seanad.”

58

Standing Order amended to read as follows:—

“58. There shall be appointed at the commencement of every Seanad 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 eleven Senators including the Leas-Chathaoirleach who shall be ex officio Chairman of the Committee. The quorum of the Committee shall be four.”

63A

Standing Order re-drafted to read as follows:—

“63A. In the absence of the Clerk and Clerk-Assistant the Cathaoirleach may appoint a member of the Joint Staff of the Houses of the Oireachtas to be Acting Clerk, and such Acting Clerk shall, for the time being, perform all the duties and exercise all the powers and functions of the Clerk.”

68

Standing Order amended to read as follows:—

“68. When a Bill is to be initiated in the Seanad a copy thereof, authorised by the signature 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 the 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 may, if he thinks fit, put the question thereon. If leave to introduce the Bill be given, an order shall be made for its second stage and the Bill shall be printed: Provided that in the case of a Government Bill, the initiation shall be exercisable by a Senator, authorised in that behalf by the Government, who shall be deemed to be in charge of the Bill for that purpose.”

69

Standing Order amended to read as follows:—

“69. (1) A Bill which has been initiated in and passed by the Dáil and sent to the Seanad 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, and a Bill the time for the consideration of which by the Seanad shall have been abridged under Article 24 of the Constitution, shall not be considered, unless the Seanad otherwise orders, before the expiration of three clear days after it has been received from the Dáil by the Clerk.

(2) Certified Money Bills, and Bills the time for the consideration of which by the Seanad shall have been abridged under Article 24 of the Constitution, shall be placed upon the Order Paper for the next ensuing meeting of the Seanad; but if no meeting of the Seanad shall have been arranged to be held within eight days of the receipt of such Bill, the Cathaoirleach shall forthwith summon the Seanad to meet within such eight days.”

73

Standing Order re-drafted to read as follows:—

“73. (1) When a Bill has been read a second time, it may be ordered to be considered in Committee of the whole Seanad on a day then named, or be referred to some other Committee.

(2) The Seanad may on motion made without notice commit the Bill to a Committee of the whole Seanad in respect of some of its provisions and to a Special Committee 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 a statement from a Senator who opposes the motion, may, if he thinks fit, put the question thereon.”

76

Standing Order re-drafted to read as follows:—

“76. (1) In Committee an amendment to insert a new section in a Bill may be moved when the number of the section before which it is proposed to insert the new section is called by the Chair, and the question on such amendment shall be decided before the consideration of the section is entered upon.

(2) When the amendments (if any) to a section have been disposed of, the Chairman shall propose the question:— ‘That section… (or section…as amended) stand part of the Bill.’

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

77

Standing Order amended to read as follows:—

“77. In considering a Bill a Select or Special Committee may at any time adjourn: Provided that the necessary motion to this effect has been carried. Any such motion if deemed by the Chairman to be dilatory or obstructive shall not be accepted [S.O. 50].”

84

Standing Order deleted.

84A New Standing Order.

New Standing Order as follows inserted before Standing Order 85:—

“84A. On the Fourth Stage, no new section or other amendment may be proposed which creates a charge upon the rates or local burthens upon the people, or imposes pecuniary penalties, but the Bill may be re-committed in respect of any such section or amendment.”

89

Standing Order amended to read as follows:—

“89. 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.”

91 I

Standing Order amended by deletion of “upon the Table of” and the substitution of “before” therefor.

95

Standing Order amended to read as follows:—

“95. (1) When a certified Money Bill received from the Dáil, has completed its Fifth Stage in the Seanad, the Clerk shall return the Bill to the Clerk of the Dáil, certifying that the Bill has been accepted by the Seanad with or without recommendations and accompanied by a Message to that effect and specifying the recommendations, if any, made by the Seanad.

(2) When a Bill other than a certified Money Bill has been received from the Dáil and has been passed by the Seanad with or without amendments, the Clerk shall return the Bill to the Clerk of the Dáil, certifying that the Bill has been passed by the Seanad with or without amendments and accompanied by a Message to that effect and specifying the amendments, if any, made by the Seanad.

(3) When a Bill, received from the Dáil, has been rejected by the Seanad, the Clerk shall return the Bill to the Clerk of the Dáil certifying that the Bill has been rejected by the Seanad and accompanied by a Message to that effect.”

96

Standing Order re-drafted to read as follows:—

“96. 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. Each such amendment shall be considered and any Senator may move without notice: ‘That the Seanad do insist on the amendment’ (with or without further amendment), or ‘That the Seanad do not insist on the amendment’ or ‘That the Seanad do agree to the amendment made by the Dáil to the Seanad amendment’. When all such amendments have been considered, the Clerk shall send a Message to the Clerk of the Dáil certifying the determination of the Seanad.”

100

Standing Order re-drafted to read a follows:—

“100. (1) Whenever a vacancy occurs in the membership of the Seanad by the death, resignation, incapacity or disqualification of a member thereof, the Cathaoirleach shall at the first meeting thereafter announce the same to the Seanad.

(2) When the vacancy occurs in the number of nominated members of the Seanad, the Cathaoirleach shall send to the Taoiseach notice in writing of such vacancy.

(3) When the vacancy occurs among the members elected to the Seanad the Clerk shall, on motion made after notice, send notice in writing of such vacancy to the Minister for Local Government.

(4) The Clerk shall notify a newly-nominated or a newly-elected Senator that his attendance is required at a place appointed, and on a day or days named by him, for the purpose of complying with the provisions of paragraph (2) of Standing Order 1.

(5) The name of a member nominated or elected to fill a casual vacancy shall be announced by the Cathaoirleach at the next ensuing meeting of the Seanad.”

101

Standing Order amended by deletion of “on the Table of” and the substitution of “before” therefor.