Government response on Bills
The Chief Whip defends the process, saying many of the Bills cited have not yet required money messages and that others have received reasoned responses or messages. Several Deputies object that the Government is using the process to frustrate legislation, and the Ceann Comhairle explains the late legal advice and the constitutional basis for the ruling.
I agree with and respect the Ceann Comhairle's ruling. My understanding from the Business Committee was that we are awaiting the report by the Clerk of the Dáil on the issue of money messages, and this was what I understood to be agreed at the Business Committee.
The Deputy referred to 54 Bills that he states have been blocked. Government has yet to receive a request for a money message for 29 of these Bills. We have issued reasoned responses under the memorandum of understanding for ten Bills and issued money messages for three. There are currently ten Bills under consideration by Government. These will be dealt with in the coming weeks.
It should also be noted that 13 Private Members' Bills have been enacted in the lifetime of this Dáil.
Comment on this
I too support the concept. I accept the Ceann Comhairle's ruling but I believe the Government is using the money message as a measure to stop many good Bills, which is very unfair. I request that the clock be stopped while we have this debate. Many Deputies want to raise issues on promised legislation and the time for doing so is being consumed.
Comment on this
What is the point when we cannot pass laws?
Comment on this
I have to be frank and say I am not in a position to make a judgment on the quality or otherwise of the Ceann Comhairle's ruling. I accept it is made in good faith but I agree with Deputy Boyd Barrett that this is a very troubling set of circumstances. We all accept that the Ceann Comhairle has a function to discharge but the ruling raises a very serious question mark over the rights and discretion of Members of the Oireachtas, specifically members of the Opposition. All of us know that this money message provision has been used as an alibi by the Government to block legislation. That is an established fact. That leaves us with the question as to what we can do about it. I believe we have the discretion to change Standing Orders. The Ceann Comhairle says there is a constitutional dilemma in that. The Members presenting the motion say that is not the case. Why did Solidarity-People Before Profit Deputies receive notice of this only yesterday?
Comment on this
We were informed at 9 o'clock last night.
Comment on this
The disregard shown by that in and of itself strikes me as astonishing. Eleven days ago, Deputies presented for consideration by the Members of this House a motion in respect of the proper functioning of this place to address a matter that has been a cause of grave frustration for all of us. The Ceann Comhairle says there is a problem with the motion and the Deputies were told of this yesterday, at the 11th hour. At a minimum, that is very bad practice and it speaks again to the dilemma we have here. Are we totally and inappropriately hemmed in by interpretations of Standing Orders, rules and the Constitution such that we can give out and complain but we cannot get any resolution of this matter? What is the remedy for the Deputies? That is what I would like to know. It is not acceptable to tell them they should simply forget about their motion because they will not get to bring it forward. I want to know when we will see a motion before the House and get to exercise our authority to change Standing Orders.
Comment on this
We are not hemmed in by the Constitution. We must have respect for the Constitution. Everyone here is charged with respecting Articles 17.2 and 28.4 of the Constitution, which guide how we act and are the basis of the advice we received. I take the Deputy's point. I do not find it particularly satisfactory that this advice has come to us late. The reality is that the legal advice on these matters was received by the Clerk of the Dáil on Thursday or Friday and needed further consideration. I received my advice on this on Monday morning.
I cannot call Deputy Bríd Smith. In dealing with the Order of Business, I can call one spokesperson from each party or group. We heard Deputy Boyd Barrett.