REPORT
1. Under Standing Order 63, the Committee may consider matters of procedure generally and may recommend any additions or amendments to Standing Orders that may be deemed necessary.
2. The Committee has completed a general review of Standing Orders with the assistance of a Sub-Committee consisting of five of its members. It has decided to make a number of substantive recommendations which are dealt with in the succeeding paragraphs. The amendments to give effect to these recommendations are set out in Part I of the Schedule to this Report. Amendments of a technical or drafting nature which are recommended by the Committee are contained in Part II of the Schedule.
Sittings
3. Summoning of Seanad at request of thirty Senators.
Where the Seanad has adjourned sine die, Standing Order 18 provides that the Cathaoirleach shall summon a meeting whenever, in his opinion, it is necessary. The Committee is of opinion that where the House stands adjourned sine die, there should be provision to enable the members of the Seanad themselves to request that a meeting take place. It accordingly recommends that in such circumstances the Cathaoirleach shall summon a meeting at the request in writing, for a specific purpose stated in such request, signed by not less than thirty Senators for a day not earlier than the tenth day nor later than the fourteenth day subsequent to the day on which he has received such request (unless he has summoned or is about to summon a meeting to take place within the period up to the said tenth day). A revised version of Standing Order 18 to give effect to this recommendation and to the recommendation next following is set out at reference 1 in Part I of the Schedule.
4. Postponement of meeting to later day.
On occasion, where the Seanad has adjourned to a stated day in expectation of Bills coming to it from the Dáil, it has happened that the Bills have not come to the Seanad. The Committee considers that in such circumstances a procedure should be available to effect a postponement of the sitting to a later day. It recommends, therefore, that where the Seanad stands adjourned to a stated day and the representatives of the groups (see paragraph 8 below) request that the meeting on such stated day be postponed to a later day and time specified in the request, the Cathaoirleach shall (a) notify all Senators that such meeting has been so postponed and (b) summon a meeting of the Seanad for the later day specified in such request. A revised version of Standing Order 18 to give effect to this recommendation is set out at reference 1 in Part I of the Schedule.
Bills
5. First Stage.
On the First Stage of a Bill, leave of the House is sought for its introduction. On leave being granted, the Bill may be printed and circulated. In the Dáil, there is provision to enable Government Bills to be presented, printed and circulated without the need of seeking the leave of the House. This enables Government Bills to be circulated without prior formalities as soon as they are ready, even when the Dáil is in recess. This facility is not available in respect of the Seanad and its lack could be a factor as to the House in which any particular Bill might be initiated. The provision of this facility in Seanad Standing Orders could possibly have the result that more Government Bills would be initiated in the Seanad.
6. Provision was also made in Dáil Standing Orders to allow a limited number of Private Members’ Bills to be presented without prior introduction. Each group in the Dáil was accorded the right to nominate a private member of the group to present a Bill provided that there was not before the Dáil another Bill presented by a member nominated by the group. A system of rotation is provided for in relation to proceeding with the Stages of such Bills.
7. The Committee considers that it would be to the advantage of Senators and of the Seanad to introduce the presentation procedure on the same lines as that outlined above with the exception of the rotation procedure. It is not considered that the circumstances of the Seanad require a rotation procedure.
8. The Committee gave consideration to the definition of “group”
in relation to the presentation procedure. In Dáil Standing Orders it is defined by reference to Parties of not less than seven members. All members being not less than seven in number who are not members of parties constitute a single group. It is, of course, recognised that the majority of Senators have Party affiliations. Seanad Standing Orders and other official documents do not, however, contain reference to Party and the Committee sees no advantage in changing the formal position. It proposes to define a group as being one so recognised by the Cathaoirleach and consisting of not less than five Senators. It is to be expected that the Cathaoirleach would accord recognition under this definition to the four obvious groups comprising the present Seanad.
9. It is proposed to retain the present procedure for the initiation of Bills by introduction. The presentation procedure would then be additional to the present procedure and would not interfere with existing rights.
10. Standing Order 73 limits the number of proposers to a Bill for initiation by introduction to six Senators. The Committee sees no objection to a larger number of Senators formally subscribing to a Bill and proposes the removal of the upper limit.
11. The implementation of the recommendations of the Committee relating to First Stage requires the amendment of Standing Order 73 and the insertion of a new Standing Order. These are set out at reference 2 in Part I of the Schedule.
12. Lapsed Bills.
Seanad Bills in progress and not disposed of on the expiry of the term of a Seanad lapse. Standing Orders do not specifically provide for the restoration of such Bills to the Order Paper of the new Seanad.
The Committee thinks it desirable that appropriate provision should be included in Standing Orders and recommends accordingly. A new Standing Order to give effect to this is set out at reference 3 in Part I of the Schedule.
13. Report Stage.
The Committee considered the question of introducing the procedure which obtains in the Dáil under which the Question:
“That the Bill be received for final consideration”, is not put on Report Stage. If no amendments have been offered, an Order appointing a day for Fifth Stage is made. If amendments have been offered, it is provided that the Dáil shall proceed to consider them. The Committee accepts that little can relevantly arise on Report Stage when there are no amendments. However, on occasion, it has happened that Ministers have undertaken during Committee proceedings to consider particular matters between Committee and Report Stages and to report thereon on the Report Stage. This has been considered to be a relevant proceeding and the Committee is of opinion that provision for it should be retained. It does not, therefore, recommend any change in relation to Report Stage.
14. Time Limits on Bills.
Dáil Standing Orders were amended to provide that, where a motion for leave to introduce a Bill is opposed, the statements of the member moving and of the member opposing shall not exceed five minutes in length. The existing Seanad Standing Order does not provide for specific time limits in this respect. In effect, the matter is left to the discretion of the Cathaoirleach. No great difficulties have arisen from present practice and the Committee accordingly does not recommend any change. Likewise, the Committee sees no reason to introduce limits in the normal course in respect of the other stages of Bills.
Motions
15. Time Limits.
On 7 December 1977 the House made an Order providing for time limits in respect of non-Government motions. This provided for a maximum aggregate time of three hours for such motions, and a limit of thirty minutes on a Senator proposing the motion and fifteen minutes for other Senators. The latter limit has not been applied to Ministers contributing to such debates and no difficulty has thereby arisen.
16. The Committee is of opinion that the Order has operated to the satisfaction of Senators and it accordingly recommends that it be incorporated in Standing Orders. Its text is set out in Part I of the Schedule at reference 4.
17. Lapsing of Motions.
It is not unusual that non-Government motions stand on the Order Paper for prolonged periods and are unlikely to be moved because in the course of time they become outdated or because, for one reason or another, Senators do not wish to proceed with them.
The Committee considers that this situation is undesirable in that it gives a misleading picture of business before the Seanad. The Committee proposes as a remedy that a motion which is not moved within twelve months from the date on which it was first placed on the Order Paper shall be deemed to have lapsed but without prejudice to the right of Senators to put down such motion again. A new Standing Order to give effect accordingly is set out in Part I of the Schedule at reference 5.
Adjournment Matters
18. Matters of Urgent Public Importance.
Under Standing Order 26 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 for such motion whereupon he shall state the matter and deliver to the Cathaoirleach a written statement of the subject to be discussed. For the request to succeed, the Cathaoirleach must be satisfied that the motion is one contemplated by the Standing Order. The support of five additional Senators is also required before leave may be given.
19. The procedure is one which has arisen but rarely in the Seanad.
In the other House a somewhat similar situation existed. It was felt that the main obstacle to raising a matter was the difficulty of convincing the Ceann Comhairle that the matter was “one contemplated by the Standing Order”, that the Ceann Comhairle’s decision had to be determined by precedents set over the years and that the precedents had become unduly restrictive. In order to ensure that future rulings would not be subject to then existing precedents, the words “a definite matter of urgent public importance” were replaced by the words “a specific and important matter of public interest requiring urgent consideration”.
20. The purpose of the change made in the Dáil is equally applicable in the Seanad and the Committee recommends that a similar change be made in Seanad Standing Orders.
21. The Committee considered another aspect of the procedure to be unduly restrictive. It can be put in motion only at the commencement of Public Business and no later. A Senator who subsequently wishes to invoke it must wait until the next sitting day.
22. In the Committee’s view, this restriction may defeat the purpose of the procedure. It, therefore, proposes to extend the period during which it may be initiated to 2.30 p.m. on a day on which the Seanad meets before noon and to 4.30 p.m. on a day on which the Seanad meets at or after noon. Such limits arc needed both for the convenience of the House and so that the Minister concerned may have adequate notice.
23. The practice is that one hour-and-a-half is allocated to such motions and it is proposed to provide accordingly in the Standing Order.
24. The amendment required to give effect to these recomendations is set out in Part I of the Schedule at reference 6.
25. Half-hour Adjournment matter.
Consideration was given to the possibility of enabling “Half-hour Adjournment matters”, provided for in S.O. 25, to be taken at a time other than the final half-hour of a sitting. It was decided not to recommend a change on the ground that the provision of a fixed time other than at the Adjournment could inopportunely interrupt the proper consideration of business.
Statement by Member of Government
26. No provision at present exists in relation to statements by Members of the Government. It is recommended that Standing Orders incorporate the existing practice under which no debate on such statement is permitted but further statements (by Senators) may be allowed at the discretion of the Cathaoirleach. A new Standing Order to give effect to this recommendation is set out at reference 7 of Part I of the Schedule.
Seconding of Motions and Amendments
27. Seconding is required of motions and amendments (except on Committee Stage of Bills). The Committee considered whether the requirement should be dropped as in the Dáil. It adverted to the fact that in the case of Bills, the signatures of not less than three Senators are required for the introduction procedure and that in the case of the proposed presentation procedure the proposer must be the nominee of a group of not less than five Senators. It considered that the requirement of a seconder was consistent with the requirements relating to Bills and that in itself it was a reasonable requirement. It accordingly does not recommend that the procedure be changed.
28. Select and Special Committees
In its Report to the Seanad, dated 13 December 1978, the Committee brought to the special notice of the House its capability of appointing Special and Select Committees and recommended that opportunity should be taken where suitable of utilising those procedures. The Report referred to a present provision relating to those Committees which required amendment, viz. the provision that such Committees be held in private unless the particular Committee ordered otherwise. The Report suggested that proceedings as a general rule should be open to the public and the press in the same way as are meetings of the Seanad. The Committee recommends that Standing Order 70 should be amended accordingly.
29. The particular purpose of Special Committees is to consider Bills. As the Report pointed out, it is a procedure but rarely used in the Seanad. In relation to the Dáil, where its utilisation is greater, it was suggested that a possible obstacle was the fact that the Government had often to rely on a majority of one in such Committees and that, therefore, a full attendance at each meeting could be crucial. Senators are fully aware that their manifold duties will sometimes unavoidably result in their inability to attend a particular meeting. The problem thus arising could constitute a real obstacle in the way of sending Bills to Special Committees. To meet it, Dáil Standing Orders have been amended to provide that, when a member of a Special Committee is absent, a member of the Dáil nominated by the Party to which the absent member belongs may take part in the proceedings and vote in his stead. The Committee recommends that a similar amendment be made in Seanad Standing Orders, substituting “group” for “Party” for the reasons discussed in paragraph 8 above.
30. The amendments required to give effect to the recommendations under this heading are set out in Part I of the Schedule at reference 8.
(Signed) SÉAMUS Ó DÓLÁIN,
Chairman.
3rd July, 1979.
SCHEDULE
PART I
Reference |
Standing Order |
Amendment |
1 |
18 |
To delete paragraphs (1) and (2) and substitute the following:— |
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“(1) Unless the Seanad shall otherwise resolve:— |
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(a)it shall meet on Tuesdays, Wednesdays and Thursdays, and |
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(b)the following provisions shall apply in respect of each week in which it sits— |
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(i)on the first day of sitting it shall meet at 2.30 p.m. and |
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(ii)on any subsequent day of sitting it shall meet at 10.30 a.m. |
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provided that where the Seanad stands adjourned to a stated day and the representatives of the groups [see paragraph 4 of new S.O. at reference 2] request that the meeting on such stated day be postponed to a later day and a time specified in the request, the Cathaoirleach shall (a) notify all Senators that such meeting has been so postponed and (b) summon a meeting of the Seanad for the later day specified in such request. |
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(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. |
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(3) In the event of the Seanad adjourning sine die, the Cathaoirleach shall summon a meeting of the Seanad (a) whenever, in his opinion, it is necessary, or (b) at the request in writing, for a specific purpose stated in such request, signed by not less than thirty Senators for a day not earlier than the tenth day nor later than the fourteenth day subsequent to the day on which he has received such request (unless he has already summoned or is about to summon a meeting to take place within the period up to the said tenth day). |
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(4) In exercising the powers conferred on him by paragraphs (2) and (3) the Cathaoirleach may summon a meeting for a day other than a day specified in paragraph (1).” |
2 |
73 |
In line 1, after “initiated” to insert “by introduction”. |
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In line 3, to delete “nor more than six”. |
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To delete from “Provided” in line 18 to the end of the Standing Order and substitute: |
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“provided that in the case of a Government Bill, such initiation shall be exercisable by the Leader of the House (or another Senator authorised by the Government for the purpose of this Standing Order) who shall be deemed to be in charge of the Bill for that purpose.” |
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To insert the following new Standing Order after Standing Order 73:— |
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“(1) The Leader of the House (or another Senator authorised by the Government for the purpose of this Standing Order), or a Senatornominated under paragraph (3) of this Standing Order, may present a Bill without obtaining leave of the Seanad. |
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(2) Presentation of a Bill shall be effected by the delivery to the Clerk of a copy of the Bill signed by the proposer and the Bill shall then be printed. The title of the Bill and a short description of its purpose, prepared by the proposer and accepted by the Cathaoirleach, shall appear on the Order Paper and an Order for its second reading shall be made. |
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(3) Each group shall have the right to nominate a Senator of the group to present a Bill provided that there is not before the Seanad a Bill presented by a Senator nominated by the group. |
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(4) A group shall be a group so recognised by the Cathaoirleach and consisting of not less than five Senators.” |
3 |
New |
After Standing Order 94 to insert the following new Standing Order:— |
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“(1). Any Bill which lapses by reason of a general election for the Seanad may be proceeded with after the general election at the stage it had reached prior to the general election upon a Resolution restoring it to the Order Paper. |
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(2). Unless the Resolution restoring the Bill to the Order Paper directs otherwise, the Bill shall be proceeded with at the commencement of the particular stage which it had reached prior to the general election.” |
4 |
New |
After Standing Order 36 to insert the following new Standing Order:— |
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“In relation to motions other than Government motions the following provisions shall apply— |
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(a)the time allowed for the debate on a motion shall, unless the Seanad otherwise orders, not exceed a period of three hours in the aggregate and at the expiration of this period, if the proceedings on the motion have not previously concluded, the Cathaoirleach shall put forthwith the question or questions necessary to bring them to a conclusion, |
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(b)the speech of a Senator proposing a motion shall not exceed thirty minutes, and the Senator proposing, or such other Senator who has not already spoken as he may authorise in that behalf, shall be entitled to fifteen minutes for a speech in reply; the speech of any other Senator in the course of the debate shall not exceed fifteen minutes.” |
5 |
New |
After Standing Order 23 to insert the following new Standing Order:— |
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“A motion which is not moved within twelve months from the date on which it was first placed on the Order Paper shall be deemed to have lapsed, but without prejudice to the right of Senators to put down such motion again.” |
6 |
26 |
To delete paragraph (1) and substitute:— |
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“(1) A motion for the adjournment of the Seanad on a specific and important matter of public interest requiring urgent consideration may be made if a Senator, not later than 2.30 p.m. on a day on which the Seanad meets before noon and not later than 4.30 p.m. on a day on which the Seanad meets at or after noon, gives written private notice of the matter to the Cathaoirleach and upon being called on by the Cathaoirleach not later than one hour subsequent to the time of the notice rises in his place and states that he requests leave to move the adjournment of the Seanad for the purpose of discussing a specific and important matter of public interest requiring urgent consideration whereupon he shall state the matter.” |
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To add the following to paragraph (2):— |
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“The debate on such motion shall not exceed one hour and a half.” |
7 |
New |
After Standing Order 26, to insert the following new Standing Order:— |
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“Where a member of the Government makes a statement in the House on any matter, no debate on such statement shall be permitted but further statements may be allowed at the discretion of the Cathaoirleach.” |
8 |
70 |
To delete lines 6 to 10 and substitute the following:— |
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“Committee of the whole Seanad or of a Select or Special Committee (unless such Select or Special Committee otherwise orders).” |
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New |
After Standing Order 58 to insert the following new Standing Order:— |
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“In the absence of a Senator nominated by the Committee of Selection to serve on a Special Committee a Senator nominated by the group to which the absent member belongs may take part in the proceedings and vote in his stead.” |
SCHEDULE
PART II
Standing Order |
Amendment |
Reason |
1 |
To substitute the following paragraph for paragraph (2):—
“(2) As soon as the results of the polls for elected members at a General Election to the Seanad shall be in the possession of the Clerk and the names of nominated members shall have been communicated to him, he shall notify all members that their 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 (1) of this Standing Order.” |
To enable provision to be made in the notification issued to Senators for the signing of the Roll of Members that they may sign on the first day of sitting. The existing Standing Order refers only to days prior to that day.
Also drafting. |
3 |
To delete the Standing Order and substitute:— |
Existing Standing Order refers to elected members only. |
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“A copy of each of the certificates of the results of the polls for elected members and a copy of the communication from the Taoiseach stating the names of the nominated members shall be laid before the Seanad by the Clerk.” |
Amendment adds nominated members. |
5 |
In line 4 to substitute “elect” for “appoint”; and in line 6 to substitute “elected” for “appointed”. |
Drafting. |
6 |
In lines 5 to 7 to delete “and the procedure therefor shall be the same as in the case of the election of the Cathaoirleach [S.O. 4] save that”; in line 8 to delete “only”. |
The procedure is not the same in so far as (i) the Clerk does not act as Chairman during the election of the Leas-Chathaoirleach; and (ii) in the event of there being an equality of votes, the Cathaoirleach would have to exercise his casting vote. |
7 |
To delete the Standing Order and substitute 2 new Standing Orders as follow:— |
To provide separately for the terms of the Cathaoirleach and the Leas-Chathaoirleach. |
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“The term of the Cathaoirleach shall be the term of the Seanad existing at the time of his election, but for the purpose of these Standing Orders the Cathaoirleach shall continue in office until his successor is elected. The Seanad may, however, at any time, by resolution of which seven clear days’ notice of motion has been given, remove the Cathaoirleach from office.” |
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Same as above substituting Leas-Chathaoirleach for Cathaoirleach and deleting from “but” to “elected”. |
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8 |
In lines 1 and 2, to delete “Parliamentary Secretary” and substitute “Minister of State”. |
Consequential on Ministers and Secretaries (Amendment) (No. 2) Act, 1977. |
10 |
To delete paragraph (2). |
The existing Standing Order deals with two separate matters, viz. (i) the provision to be made when the Cathaoirleach is unavoidably absent from a sitting, and (ii) normal rotation in the Chair during a sitting. It seems desirable that the two matters be dealt with in separate Standing Orders, the second Standing Order (which it is proposed to insert after Standing Order 12) to include provision for the duties and authority of temporary Chairmen. |
11 |
In line 9, to delete “for that day only” and substitute “for the period of absence of both”. |
To avoid the need for having an election on each sitting day during a period of absence of both the Cathaoirleach and the Leas-Chathaoirleach. |
New |
After Standing Order 11, to insert the following new Standing Order:—
“If there is a likelihood of a continued absence of the Cathaoirleach, the Seanad may elect another Senator to act as Leas-Chathaoirleach during such continued absence.” |
To provide assistance for the Leas-Chathaoirleach during a continued absence of the Cathaoirleach. |
12 |
To delete lines 4 and 5 and substitute the following:— |
It is unnecessary to restrict the number of temporary Chairmen to three. |
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Also drafting. |
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“of not less than three Senators, any one of whom may act as temporary Chairman in the Seanad or in Committee of”. |
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After Standing Order 12, to insert the following new Standing Order:— |
See notes at Standing Orders 10, 42 and 44. |
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“While the Leas-Chathaoirleach (or a temporary Chairman) is in the Chair he shall perform the duties devolved upon, and exercise the authority conferred upon the Cathaoirleach by these Standing Orders save as may be otherwise provided therein [see S.O. 42 and S.O. 44]”. |
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13 |
To delete paragraph (2) and substitute the following:— |
To make the Standing Order accord with practice. |
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“(2) The Order Paper, the Journal of Proceedings of the Seanad and all other appropriate documents shall be issued in the Irish and English languages.” |
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15 |
In line 3 to delete “inclusive of the Cathaoirleach or presiding Senator”. |
Words unnecessary. |
17 |
In line 5 after “rung” to insert “for a period of not less than three minutes”. |
The bell ringing period is just as necessary to be known as the subsequent waiting period. |
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In line 6, to substitute “three” for “five”. |
A minimum waiting period of three minutes would be sufficient in the light of the preceding amendment. |
20 |
In line 2 to delete “thereto”. |
In addition to the text of amendments to motions, the Order Paper contains the text of amendments to Bills (printed lists of amendments are supplementary to the Order Paper). |
22 |
To delete the Standing Order. |
This Standing Order is unnecessary. The rules in relation to the order of Private Business are contained in the Standing Orders relative to Private Business. |
23 |
To substitute the following Standing Order for Standing Order 23:—
“23. Motions and amendments, save such as are allowed by these Standing Orders to be proposed without notice, shall be in writing, signed by a Senator as proposer and another Senator as seconder. Motions and amendments may not be moved on a day unless they shall have reached the Clerk not later than 11 a.m. on the fourth preceding day in the case of motions and not later than 11 a.m. on the second preceding day in the case of amendments: Provided that by permission of the Cathaoirleach motions and amendments may be moved on shorter notice [see also S.O. 53].” |
Present wording implies that motions and amendments may not be placed on Order Paper unless period of notice has expired. Practice is to place them on the next Order Paper issued after their receipt.
The existing Standing Order excludes Sundays and public holidays from the period of notice. Dail Standing Orders do not exclude those days and there is no special reason why the Seanad procedure should differ in this respect. The proposed Standing Order is accordingly aligned with that of the Dáil. |
24 |
In line 4, to delete “preface or argument,”. |
To accord with practice. |
25 |
In page 21, line 1, before “Sunday” to insert “Saturday,”. |
Under the existing Standing Order, notice of bringing forward a matter on the adjournment could be given on a Saturday which is now a day on which the Office is closed. |
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In page 21, line 3, after “may” to insert “exceptionally”. |
To accord with practice. The Chair has ruled that his discretion to allow a matter to be brought forward on shorter notice will be used only in exceptional circumstances. |
31 |
In line 2 and in line 3 to delete “or amendment”. |
It is the practice to have one debate only on a motion with amendments. Accordingly, only the mover of the motion has the right to close the debate. |
33 |
To delete the Standing Order and substitute the following:— |
Practice. |
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Drafting. |
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“33. An amendment to a Bill which could have the effect of imposing or increasing a charge upon the people or upon the revenue may not be moved save by way of Government amendment.” |
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34 |
In line 3, to delete “omitting” and substitute “deleting”. |
Practice. |
35 |
In line 2, to delete “or of the Committee” |
Words superfluous in view of the terms of Standing Order 53. |
37 |
In line 3, to delete “indulgence of the Seanad” and substitute “permission of the Cathaoirleach”. |
It is considered that the Cathaoirleach should be the appropriate authority for determing whether a personal explanation may be allowed. |
38 |
In line 7 after “rescind” to insert “or amend”. |
Drafting. |
39 |
In line 3 to delete “or the Chairman,” and in line 5 to delete “, or the Chairman.” |
Drafting. “Chairman” appears in a number of places in the Standing Orders as an alternative to the Cathaoirleach. This appears to have been a result of copying British terminology in the original drafting of the Standing Orders. In Westminster the Speaker does not preside over the House in Committee. |
40 |
To delete the Standing Order and substitute the following:— |
To make more specific reference to Select or Special Committees. |
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“40. The Cathaoirleach is the sole judge of order in the Seanad and in Committee of the whole Seanad and has authority to suppress disorder and to enforce prompt obedience to his ruling. In Select or Special Committees order shall be maintained by the Chairman, but disorder or obstruction in such Committees can be censured by way of suspension [S.O. 42] only in the Seanad on receipt of a report.” |
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41 |
To add the following paragraph:—
“(2) A Senator may be named only when the Cathaoirleach is in the Chair.” |
The power of naming is, vested solely in the Cathaoirleach under Standing Order 10. It is desirable that this fact should be specifically referred to in the Standing Order which sets out the procedure in relation to naming. |
42 |
In page 31, lines 6 to 8, to delete “the Chairman shall forthwith suspend proceedings and report the circumstances to the Seanad” and substitute “the proceedings shall forthwith be suspended and the circumstances reported to the Seanad”. |
Drafting. See note at Standing Order 39. |
44 |
In paragraph (1), line 8, to substitute “is” for “in”. |
Drafting. |
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To add to the Standing Order the following paragraph:—
“(3) No Senator may claim to move, That the question be now put’, unless the Cathaoirleach is in the Chair.” |
Under Standing Order 10 a claim to move the closure of debate can be made only when the Cathaoirleach is in the Chair. It is desirable that this fact should be specifically stated in the Standing Order which sets out the procedure in relation to the moving of the closure of debate. |
45 |
To delete and substitute:— |
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“A Minister of State or an Attorney General who is a Member of the Dáil may attend and be heard in the Seanad.” |
Substance of new Standing Order adopted on 7 December 1977. |
46 |
In paragraph (1), line 3, and in paragraph (2), line 1, to delete “, or Chairman,”. |
Drafting. See note at Standing Order 39. |
47 |
To delete the Standing Order and substitute the following :— |
To accord with practice. |
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Also drafting. |
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“47. When a division is claimed, the Cathaoirleach shall cause the division bell to be rung for a period of not less than three minutes; after the lapse of one minute the division bell shall be rung again and so soon thereafter as the Cathaoirleach shall direct the doors of the Chamber shall be locked.” |
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48 |
To delete the Standing Order and substitute the following :— |
To accord with practice |
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Also drafting. |
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“48. When the doors have been locked and the division lobbies cleared the Cathaoirleach shall order the Seanad or Committee of the whole Seanad to divide and shall nominate two tellers for each side: Provided that the Cathaoirleach may again put the question and declare afresh the result, in his opinion, of the putting of the question, and a division shall take place only if such fresh declaration is challenged: Provided also that the Cathaoirleach may, if in his opinion a division is unnecessary, call upon the Senators who claim the division to rise in their places. If fewer than five Senators so rise he shall forthwith declare the result of the putting of the question and the names of the Senators who so rise shall be recorded on the Journal of the Proceeding of the Seanad.” |
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49 |
In line 3, to delete “, or Chairman,”. |
Drafting. See note at Standing Order 39. |
52 |
In line 5, after “rung” to insert “for a period of not less than three minutes”; and in lines 6 and 10 delete “five” and substitute “three”. |
Consequential on amendments proposed to Standing Order 17. |
54 |
In lines 1 and 2, to delete “and ask leave to sit again”. |
To accord with practice. |
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In line 3 to substitute “Cathaoirleach” for “Chairman”. |
Drafting. See note at Standing Order 39. |
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In line 4 to substitute “shall” for “may”. |
To parallel S.O. 60. |
55 |
In line 9, to substitute “it” for “such Committee”. |
Drafting. |
56 |
In line 5, before “also”, to insert “may”. |
Drafting. |
57 |
To delete the Standing Order and substitute the following:—
“57. The order of the Seanad setting up a Special Committee to consider a Bill shall fix the date for the first meeting of the Committee, the number of Senators to serve on it and the quorum thereof and may fix a date upon which the Committee shall report back to the Seanad.” |
At present, responsibility for summoning the first meeting rests with the Clerk to the Committee. It is more appropriate that the House should determine the matter. |
61 |
To delete the final sentence and substitute the following :— |
Drafting. |
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“In the event of there being an equality of votes the question shall be decided in the negative.” |
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63 |
In the penultimate line after “Senators.” to insert the following:— |
To accord with practice. |
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“The Committee may also consider any matter relating to the conditions or premises in which Senators carry out their duties and which are not specifically referred to any other committee.” |
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64 |
In lines 1 and 2, to substitute “the Committee” for “Committees”. |
Drafting. |
65 |
In line 2, before “documents” to insert “other”. |
Drafting. |
66 |
In line 2, to substitute “joint staff” for “clerks”. |
Drafting. |
67 |
To delete lines 3, 4 and 5 and substitute the following:—
“Standing Orders shall in his absence be performed or exercised by the Clerk-Assistant.” |
It is a matter for statute, and not for the Standing Orders, to determine the extent to which the Clerk’s statutory powers and duties can be exercised by the Clerk-Assistant. |
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Also drafting. |
69 |
In paragraph (1), line 2, after “Seanad” to insert “for each sitting”. |
To accord with practice. |
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In paragraph (2), line 2, to delete “paper, document and”. |
Drafting. |
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In paragraph (3), line 1, to delete “Official Reports of the Debates” and substitute “A revised edition of the Official Report of the Debates”. |
To accord with practice. |
72 |
In paragraph (2), line 3, to delete “appointment” and substitute “election”. |
Drafting. |
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In paragraph (2), line 5, before “censure” to insert “condolence,”. |
To accord with practice. |
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At the end of paragraph (2), to add the following :— |
To accord with practice. |
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“A vote of condolence may be moved, without notice, by the Leader of the House or a Senator acting for him.” |
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74 |
In paragraph (1), page 53, last line, and in page 55, line 1, to delete “placed upon the Order Paper for its Second Stage” and substitute “put down for Second Stage upon the Order Paper next prepared after its receipt from the Dáil”. |
To accord with practice. |
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To substitute the following for paragraph (2):— |
Consequential on preceding amendment. |
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“(2) If no meeting of the Seanad shall have been arranged to be held within eight days of the receipt of a certified Money Bill or of a Bill the time for the consideration of which by the Seanad shall have been abridged under Article 24 of the Constitution, the Cathaoirleach shall forthwith summon the Seanad to meet within such eight days.” |
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76 |
To delete the Standing Order. |
This Standing Order gives precedence to Government Bills. Since Standing Order 19 provides for the order in which business is to be taken this Standing Order is superfluous. |
77 |
In paragraph (1), lines 4 and 5, and line 8, to delete “Parliamentary Secretary” and substitute “Minister of State”. |
Consequential on Ministers and Secretaries (Amendment) (No. 2) Act, 1977. |
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In paragraph (2), line 3, to substitute “deletion” for “omission”. |
Drafting. |
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In paragraph (3), line 3, to substitute “deleted” for “omitted”. |
Drafting. |
79 |
In line 2, after “time” to insert “[S.O. 23]”. |
Drafting. |
81 |
To delete lines 6 and 7 and substitute “first decided.” |
To accord with practice. Frequently a proposed new section involves the deletion of an existing section and the two are considered together. |
84 |
In page 63, line 2, to substitute “certain sections or amendments” for “the amendments offered”; and in line 3 to delete “in respect of amendments”. |
To accord with practice. Also drafting. |
85 |
In line 5, to substitute “the” for “, any such”. |
Drafting. |
86 |
In lines 2 and 3, to delete “which has been empowered to send for persons, papers and records”. |
The wording of the Standing Order seems to imply that a Bill reported from a Select Committee, which has not been empowered to send for persons, papers and records, need not be referred to a Committee of the whole Seanad. Any such implication is removed by the amendment. |
88 |
In line 2, to delete “amendments” and substitute “amendment”. |
Drafting. |
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In lines 3 and 4, to delete “upon the rates or local burthens upon the people, or imposes pecuniary penalties” and substitute “on the public revenue or upon the people”. |
To accord with practice. |
89 |
In line 3, after “time”, to insert “[S.O. 23]”. |
Drafting. |
101 |
In paragraph (3), line 1, to substitute “member of the Government in charge of” for “Minister responsible for”; and in line 4 to substitute “member of the Government” for “Minister”. |
Drafting Consequential on Ministers and Secretaries (Amendment) (No. 2) Act, 1977. |
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In paragraph (3), line 5, to delete “the Parliamentary Secretary attached to” and substitute “a Minister of State at”. |
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104 |
In line 3, to substitute “each House” for “both Houses”. |
Drafting. |
109 |
In the last line, after “Bill” to add “by the Seanad and the date of its transmission to the Dáil”. |
To accord with practice. |
110 |
To delete lines 4, 5 and 6 and substitute “such Bill, shall be transmitted to the Dáil. The Message shall state that the Seanad desires the agreement of the Dáil to the passing of the Bill into law.” |
Drafting. |
114 |
To delete paragraph (1) and substitute the following:—
“(1) Whenever a casual vacancy occurs in the membership of the Seanad, the Cathaoirleach shall at the first meeting thereafter announce the occurrence of such vacancy to the Seanad.” |
Drafting. The circumstances in which a casual vacancy can arise are governed by Article 18.9 of the Constitution. |
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In paragraph (3), line 3, to delete “motion made after notice” and substitute “on the direction of the Seanad”, |
Drafting. “Direction of the Seanad” is the phrase used in the relevant statutes. |
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In paragraph (3), lines 4 and 5, to delete “Local Government” and substitute “the Environment”. |
Consequent on renaming of Department. |
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In paragraph (4), line 5, to substitute “(1)” for “(2)”. |
Drafting. |
115 |
To delete the Standing Order and substitute the following:—
“115. (1) A document shall be deemed to have been laid before the Seanad on the delivery of a copy of the document to the Clerk for that purpose. |
It seems desirable that the method of laying documents before the Seanad should be set out in the Standing Orders. |
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(2) All documents laid before the Seanad shall be considered public.” |
Also drafting. |
116 |
To delete the Standing Order and substitute the following:—
“116. (1) 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.
(2) Provided that in cases of necessity, of which the Cathaoirleach shall be the judge, any Standing Order or Orders may be suspended upon motion made without notice. If such motion be opposed the Cathaoirleach shall permit an explanatory statement from the member who moves it and a statement from a member who opposes it before he puts the question thereon.” |
The existing Standing Order requires the unanimous consent of the Seanad for the suspension of Standing Orders without notice. The provision for “unanimous consent” is probably impracticable. Further, its Constitutional validity is doubtful since the Constitution does not envisage any question being so determined.
It seems desirable that in case of necessity there should be a limitation of debate. |
117 |
In line 2, to delete “altered,”. |
Drafting. |
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