Delay in ruling on a question
Kelly challenges the 12-day delay in ruling his question to the Taoiseach out of order. The Chair says it had been postponed at the Department’s request and that staff shortages prevent faster processing.
On a point of order, there are two matters of order that I should like, with the indulgence of the Chair, to raise. Both of them bear on the way questions are handled in the House. I put down a question on 3 June addressed to the Taoiseach asking him if he would outline the role which he personally played with regard to the conduct of foreign relations in the context of the Falkland crisis; and to say under what legal or other authority he was acting. This morning, at 10.40 a.m. — 12 days later — I was informed that that question was out of order. I regard a delay of 12 days — which would not have been a delay of that length had I not acquiesced in a request from the Taoiseach's Department to postpone the question last week while he was away — I do not care what the excuse or official reason may be — as an intolerable delay. It effectively means that your office — I do not say with bad faith — whether or not the Taoiseach's or any other Department is involved I do not know — is playing cat and mouse with Deputies. I was too late to put down a rephrased question, to mend my hand in such a way that it would have been answered today; and the best I can now do is to put something down this Thursday for answer next Tuesday; but I do not have any guarantee that I will not be told at 10.40 on the following Tuesday morning that it is out of order. That is something I feel I must say as a matter of order, and I believe that other Members, whether in the actual or in the prospective Opposition, will agree with me.
The second matter I should like to raise, although I am not quarrelling with the reasons which you were courteous enough to give me, is that the Chair implied that this question was out of order because the Taoiseach, you said, "had no official responsibility to the Dáil in regard to either part of my question." Are we to take it from that — I do not quarrel with what you are saying — that a member of the Government, provided he misconducts himself within the ambit of his own Department, can be questioned here; but that if he misconducts himself by interfering with the work of another Department, he is immune from Dáil questioning? Do I take it that that is what your letter means?
Comment on this
I am saying that there is collective responsibility and the Government are always responsible to the Dáil. That is what we discussed before. About the delay with regard to the Deputy's question, I should like to state that it was put down for answer on Wednesday last but, at the direct request of the Department of the Taoiseach, it was postponed by the Deputy until this week.
Comment on this
They are processed as rapidly as possible but owing to the very large number of questions I am sure the Deputy will agree that it is not possible to process it sooner. Indeed, the staff are under great strain at present because there is a shortage. As a result of the embargo of last September we are not in a position to get the extra staff who are needed. The Deputy will have to have consideration for the staff with regard to this problem. I am afraid it is something over which we have no control at present. Certainly, it was not done with any intention to delay processing the question in any way. I sent the Deputy a letter this morning in which I stated that questions are processed as rapidly as possible but owing to the very large numbers of questions at present being handled some delay is inevitable. I said that the Questions Office therefore in general processes questions in order of proximity of date of answer. In the case of the question relating to the Falklands situation the postponement to the following week by the Deputy meant that other questions for answer earlier took priority over it for processing and as a result the letter ruling it out of order only reached the Deputy today. As a matter of fact, another question tabled by the Deputy for answer at the same time as this question had been processed before this Office was notified of the postponement of questions to the Taoiseach. The Deputy was notified that it was out of order last week. That was one submitted by the Deputy at the same time.
Comment on this
That is so; but, with respect, it must be recognised that questions to the Taoiseach of necessity are priority questions, because they are taken every Tuesday and Wednesday. If I had been told at the time when the gentlemen from the Taoiseach's Department rang me at home in the middle of last week — I believe on Tuesday or Wednesday — that the question was out of order, instead of being allowed to suppose that it was still in order by the fact that he asked for it to be postponed, I would still have had time to amend my hand and put down an amended question by Thursday morning in time to be answered today. I have been deprived of that by the way the system operates; and I am afraid, with respect to the Chair, I do not accept that that is the inevitable way the system works. I would be grateful for the courtesy of a reaction to the other half of what I raised.
Comment on this
It is very annoying for the Deputy that such should have happened but it is something we must bear with for the present time. I cannot guarantee any improvement on it under the present circumstances.
Comment on this
Does the Chair recognise that that effectively means — I accept that there is no bad faith in the situation now — that if that ever did creep into the situation a Deputy could be indefinitely prevented from raising anything?