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Dáil
‹ Order of Business

Private Members’ Bill and the Whip system

Summary

Peter Mathews argues that the Whip system undermines parliamentary independence and says his constitutional Bill would free Members from binding instructions. The Ceann Comhairle and Taoiseach explain that it was displaced by water-services business but will be first in the next Friday Private Members’ slot and proceed to Committee Stage.

The Taoiseach is aware - certainly the people are - that parliamentary democracy and representation have become increasingly eroded and undermined, coming under increasing existential threat as a result of over-rigid, over-dominant and abusive use of what is called the Whip system.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Who wrote that?

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The Deputy is not under any Whip.

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The Thirty-fourth Amendment of the Constitution (Members of the Houses of the Oireachtas) Bill 2014 proposes to amend Article 15 to provide that all Members of the Dáil and Seanad shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience.

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Seán Barrett An Ceann Comhairle Fine Gael

That is a Private Members’ Bill.

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This Bill was drawn in the legislative schedule lottery and was scheduled for debate on Friday, 5 December. It has been pushed out of it by the Government’s requirement under the Whip system to deal with water services legislation. It is an irony that this Bill which could become the cornerstone of our democracy is being pushed out under the Whip system.

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Seán Barrett An Ceann Comhairle Fine Gael

It will be taken-----

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A Cheann Comhairle, please.

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Seán Barrett An Ceann Comhairle Fine Gael

It will be taken in the next Private Members’ time on a Friday.

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Would it not be a useful time to pause and reflect on the irony here?

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Yes, pause.

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Enda Kenny The Taoiseach Fine Gael

Obviously, the Government has reformed the system in order that people like the Deputy can produce Private Members’ Bills. We lost much time over recent weeks-----

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This is a ready-made Bill that has worked in the Federal Republic of Germany since 1949.

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Seán Barrett An Ceann Comhairle Fine Gael

Will Deputy Mathews resume his seat, please?

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Enda Kenny The Taoiseach Fine Gael

The reason the Bill in question has been moved out is because of the time lost in respect of dealing with the Water Services Bill. Deputy Mathews's Bill will be the first Bill to be taken in Private Members’ time and will be allowed to go to Committee Stage.

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If the water services legislation had been debated without the imposition of the Whip on 19 December 2013, we would not be here on Friday.

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There would be no Irish Water either.

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We will take Deputy Mathews’s Bill on Christmas Eve.

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Seán Barrett An Ceann Comhairle Fine Gael

Will Deputy Mathews resume his seat, please? I call Deputy Feighan.

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