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Dáil
‹ An tOrd Gnó - Order of Business

Constitutional objection to ruling

Summary

Deputy Bríd Smith condemns the late notice and rejects the suggestion that her motion should simply be referred elsewhere. The Ceann Comhairle replies that the House must respect the Constitution and says a referendum would be needed to change those provisions.

First, I wish to record the total disregard of this motion and our group, which has precious little Private Members' time. Your office received this motion 11 days ago, a Cheann Comhairle, and at 9 last night we were notified in writing that you were not allowing it to proceed.

Second, your offer to put a preamble to the motion that would refer it to the Dáil reform committee does nothing other than refer to that committee a motion that you say conflicts with the scheme of the separation of powers as set out in Bunreacht na hÉireann. That is set out in your writing.

Third, we have repeatedly asked for the legal opinion and it has been refused to us, other than to say it was verbal, not written. This is at least shoddy and at worst undemocratic. We are not going to sit here and take it. There will be no preamble and no referral to the Dáil reform committee. We have a right to put the motion. We submitted it 11 days ago. My office put a great deal of work into it, yet we were told "end of" at 9 last night. I do not accept that. I was elected by the people of Dublin South-Central to represent their interests and I am going to stand here until I am allowed to do that. I do not accept being pushed around in this shoddy way. It is not me you are insulting, but the people of Ballyfermot, Drimnagh, Walkinstown and elsewhere. How dare this House do that.

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Deputy Smith, I admire your passion for the particular issue, but I am afraid you are a little bit misguided. This is a constitutional assembly. We must have regard to the Constitution. When I signed the pledge here-----

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The motion states "with regard to the Constitution".

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Excuse me, Deputy.

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Read the motion, a Cheann Comhairle.

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Calm yourself, Deputy. When I signed the pledge here-----

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Read the motion and put it correctly.

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Resume your seat, please. When I signed the pledge here I committed to be the Members' servant, not a slave to the system. We have reformed many aspects of how business is transacted here. However, we cannot unilaterally reform the provisions of the Constitution, which require a referendum to be changed.

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