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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Stray Dogs.

Ruling on Harte’s suspension

Summary

Deputies continue to challenge the Chair’s account and ask whether the suspension procedure was properly followed or creates a precedent. The Chair maintains that Harte was leaving voluntarily, was not suspended, and ends the discussion.

On a point of order, Sir, would you make a ruling as to Deputy Harte's precise position?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I made a ruling. There was a misunderstanding and the Deputy decided to leave.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I have clarified the position. There was a misunderstanding and the Deputy indicated that he would leave the House. He has not been suspended.

Comment on this

Did he indicate by word that he intended to leave the Chamber?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

It appears he did.

Comment on this

And the record will show it?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am making the decision now. Deputy Harte is not suspended from the House. He left the Chamber of his own accord.

Comment on this

It is my recollection that he did not intimate to the Chair that he was leaving.

Comment on this

Hear, hear.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am satisfied he did.

Comment on this

I do not wish to take advantage of the Chair, but I want to know if I make an allegation across this House and then voluntarily withdraw from the House, does that mean I do not have to withdraw the allegation?

Comment on this

A good point.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

Unfortunately, that is so.

Comment on this

Deputy Harte accused the Minister of deliberately confusing the truth. A Deputy may leave the House without withdrawing his remarks?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

Yes.

Comment on this

When you ask a Minister to name a Deputy and he does so ——

Comment on this

The Minister did not stand up.

Comment on this

I did stand up. The Deputy is blind as well as deaf.

Comment on this

——do not Standing Orders bind you to call a vote?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

No.

Comment on this

Despite the fact that you called the Minister——

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am satisfied the Deputy was leaving the House. I have made my decision and we are not going to continue.

Comment on this

For clarification, you asked the Minister for Justice to name the Deputy?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

Yes, but he indicated just before that, that he was leaving the House.

Comment on this

You will agree that is not the recollection of some Deputies?

Comment on this

On a point of information, could you tell the House where it is provided in Standing Orders that the Chair can reverse a motion proposed by a Minister? Once you call on the Minister to name the Deputy you have put procedures in motion which you cannot reverse.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am sorry but we now——

Comment on this

Where in Standing Orders is that provided or by making this decision are you creating a new precedent?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

There was a misunderstanding. The Deputy concerned indicated that he was leaving the House and because of that the question of his suspension did not arise. I am now satisfied that that is the position and we will not pursue the matter further.

Comment on this

There is a procedure under the Rules of this House where in certain circumstances, if the Chair calls on a Minister to name a Deputy, certain procedures are put in motion. Where is it provided that the Chair can reverse those procedures?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

The Deputy in question was leaving before I asked the Minister to name him.

Comment on this

Are you creating a precedent?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

No.

Comment on this

Are you satisfied that you are not creating a precedent?

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am satisfied the Deputy was leaving the House.

Comment on this

It is not clear to me or to other Members on this side of the House that another precedent is not being created by the Chair because of the way you handled this matter.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am satisfied the Deputy was leaving.

Comment on this

I suggest that the rights of Members are being seriously jeopardised by the manner in which you are interpreting the Rules of this House, as is evident in this case.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

You are at liberty to express your opinion but I have made my decision. I am satisfied the Deputy was leaving the House.

Comment on this

While I do not wish to add to your dilemma, I would like to put on record it is my clear recollection that when you asked the Minister for Justice to name the Deputy, Deputy Harte was still seated and did not leave his seat until such time as the Minister had named him.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am satisfied the Deputy was leaving.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

The Deputy left the House.

Comment on this

It would be very difficult for Deputy Mitchell to know what was going on behind him.

Comment on this
John F. O'Connell An Ceann Comhairle Fianna Fáil

I am calling the next question.

Comment on this