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Dáil
‹ An tOrd Gnó - Order of Business

Standing Orders dispute

Summary

Deputy Paul Murphy insists the Chair has not identified any Standing Order basis for ruling the motion out of order, while others echo that the Chair cannot rule on constitutionality. The Ceann Comhairle says the Deputies are selectively quoting the salient rulings and that the Chair’s rulings cannot be challenged on the floor.

Many of the comments made today are a bit external to the point. The point here is that you, a Cheann Comhairle, have not given a reason based on Standing Orders as to why you have ruled our motion out of order. You did not do it in a letter or in oral form today. Instead, you have referred to the Constitution. You have given a constitutional reason for our motion being out of order. That is unconstitutional, a Cheann Comhairle. You do not have the right. It is not your role to determine the Constitution. You are acting outside of your powers.

Comment on this

No.

Comment on this

You are acting outside of the Standing Orders. It is clear in what is interpreted by the salient rulings of the Chair. You do not rule on the constitutionality of any measure coming before the House, but that is what you are doing.

Comment on this

What about Article 15 of the Constitution?

Comment on this

If you are ruling something out of order, a Cheann Comhairle, you have to give us the Standing Order under which you are doing it.

Comment on this

Can you resume your seat, Deputy?

Comment on this

You are selectively quoting from the salient rulings of the Chair that refer to matters relating to legislation, not to Private Members' motions.

Comment on this