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Dáil
‹ Order of Business

Ruling out amendment to HSE motion

Summary

Deputy Mary Lou McDonald sought the basis, origins and wording of ruling No. 470 after her party's amendment to the Rural Independent Group's HSE reform motion was ruled out of order. The Ceann Comhairle explained that accusations against people outside the House must be made by substantive motion, not amendment, and said he could not change or interpret the rules unilaterally.

I mentioned earlier that we had sought to move an amendment to the Private Members' motion put forward by the Rural Independent Group in respect of reform of the HSE. Our amendment was ruled out of order and I want to register our great disappointment that this has proven to be the case. I understand the Ceann Comhairle was bound by some rule or other in making this judgment. For the purposes of clarity, can he place on the record of the Dáil the basis for ruling our amendment out of order?

Comment on this

I am quite happy to do that. If serious charges are to be made against a person outside the House, ruling No. 470 of the salient rulings of the Chair provide that this can only be done by way of substantive motion. An amendment to another motion is not, and has never been considered to be, a substantive motion. Notwithstanding that the matter is of major importance, it was not possible to take the motion as proposed.

Comment on this

Can the Ceann Comhairle clarify ruling No. 470, its provenance and what it consists of?

Comment on this

It sets out very clearly that if an accusation or a charge is to be made against somebody outside the House - a person who is not in a position to defend himself or herself - the only way it may be done is by way of substantive motion.

Comment on this

I understand the meaning, I am asking about the ruling's origins.

Comment on this

It originated before I arrived but I do not have the date.

Comment on this

I understand it dates from 1994.

Comment on this

Like anything else, if Members are unhappy with the rules or procedures, they can definitely seek to change them. I cannot change them unilaterally and I cannot interpret them.

Comment on this

I was not asking the Ceann Comhairle to do that. I sought to establish, for the purpose of the record, the provenance of this ruling.

Comment on this

I cannot interpret the rulings unilaterally or to anybody's particular satisfaction.

Comment on this