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Seanad
‹ Order of Business

McNulty nomination and Seanad by-election

Summary

Opposition Senators challenge the Taoiseach’s appointment of John McNulty to the IMMA board before his Seanad by-election candidacy, alleging political interference and seeking a debate or investigation. The Cathaoirleach repeatedly rules that the Committee on Procedure and Privileges and the House have no role in the electoral process.

As every day passes, in the context of the Seanad by-election and the appointment of Mr. McNulty - the Leader can shake his head all he wants-----

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It is becoming a bit of a-----

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Paddy Burke An Cathaoirleach Fine Gael

Senator Darragh O'Brien to continue, without interruption.

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If every Member asks himself or herself honestly whether this has been handled well by the Government, everyone will agree that it has not, leaving politics out of it. However, as every day passes, we are getting more information on this appointment. I have a few questions. I heard the Taoiseach's interview from America. He effectively said he was the Taoiseach, that he was the leader and that he would do whatever he wanted.

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David P.B. Norris Senator David Norris Independent

Exactly.

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The Taoiseach has no regard for the Seanad, which is why he proposed to abolish it. He previously tried to undermine a democratic decision regarding the selection of candidates for the banking inquiry. He tried to force through a vote and interfered in the process here. Serious questions remain unanswered about what he and Fine Gael are doing in ensuring Mr. McNulty's candidature is valid. It is an unprecedented and unparalleled stroke.

An individual has been appointed to the board of the IMMA who will not even serve on it because his qualifications do not stand up to scrutiny. What is worse is that the candidate misinformed and misled the Seanad nomination hearing by his omission of the fact that he had only been appointed a number of days earlier to the IMMA board on a temporary basis. When another candidate, Mr. Craughwell, lodged a challenge, he withdrew it on the basis that he saw from the Taoiseach a nomination paper that indicated Mr. McNulty was a member of the IMMA board. At no time during the meeting did Mr. McNulty and his election agent say he had only been appointed three days previously and that he had not met or served on the board. That is why Mr. Craughwell withdrew his challenge. Was the information available to the High Court judge who presided over and examined the applications for the nomination? Did the judge know that this individual had only been appointed to the board a matter of days previously?

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Why was the IMMA board not advised of this appointment? More importantly, has it met to ratify Mr. McNulty's application? If one is put forward as a nominee to a board - this would happen in any company - it needs to be ratified at a board meeting. Furthermore, Members received letters this morning outlining that they would receive registered letters tomorrow with the ballot paper to vote in what is now a sham election with a sham Government candidate. This is important in the sense that the Taoiseach has again undermined a democratically elected House of Parliament and does not seem to realise how serious this issue is.

I again propose an amendment to the Order of Business: "That the Minister for Arts, Heritage and the Gaeltacht answer some of the questions she was asked the other day." All I want her to outline is who asked her to appoint Mr. McNulty to the board of IMMA. Was it the Taoiseach or someone else? Why did she appoint him when he had not even made an application?

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Paddy Burke An Cathaoirleach Fine Gael

Does this form part of the amendment?

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I am putting it in context. I formally propose an amendment to the Order of Business for those who are interested in the democratic process and the integrity of this House and the Seanad by-election. No one should be fearful of the Minister coming to the House to answer these questions.

I formally request the Cathaoirleach to convene a special meeting of the Committee on Procedure and Privileges to carry out an investigation, as it is allowed to do under the legislation passed in respect of the banking inquiry - it also provides for compellability rights - and to enable elected Members of all parties and none to put questions.

I would like to clarify that I do not hold any of the staff responsible for any of this. This is the Government's doing. This is bad, nasty, dirty party politics on the part of Fine Gael.

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Paddy Burke An Cathaoirleach Fine Gael

The Senator is way over time.

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Will the Cathaoirleach convene-----

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Paddy Burke An Cathaoirleach Fine Gael

I have no role at all in the by-election.

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The Cathaoirleach is Chairman of the House.

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The Cathaoirleach convenes the Committee on Procedure and Privileges.

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Paddy Burke An Cathaoirleach Fine Gael

I can call it.

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That is what I am asking the Cathaoirleach to do.

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Paddy Burke An Cathaoirleach Fine Gael

The Committee on Procedure and Privileges has no role in this matter.

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What other forum, bar this House, is available to examine Standing Orders, for which the Cathaoirleach is responsible, and the electoral process?

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Paddy Burke An Cathaoirleach Fine Gael

This has nothing to do with the House.

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David P.B. Norris Senator David Norris Independent

Of course it has. The Cathaoirleach is talking nonsense.

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It has. An individual will sit in the House following the by-election.

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Paddy Burke An Cathaoirleach Fine Gael

That has nothing to do with the procedures of the House.

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I have the utmost regard for the Cathaoirleach and do not mean to delay the House, but if the by-election is allowed to proceed, an individual will be elected who is not qualified to be in the House.

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Paddy Burke An Cathaoirleach Fine Gael

The House has no say in whether the man is suitable for election.

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I have a say and all of us should have a say if we care about this House.

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Paddy Burke An Cathaoirleach Fine Gael

As the Senator will be well aware, there is a process in place under the 1947 Act that has been gone through.

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David P.B. Norris Senator David Norris Independent

The House has an obligation to oversee the procedures used.

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Fine Gael might as well have appointed Mickey Mouse. One could put a dog in here instead. I am asking the Cathaoirleach to convene a meeting of the Committee on Procedure and Privileges in order that we can discuss how an investigation can be carried out. I have proposed an amendment to the Order of Business.

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Paddy Burke An Cathaoirleach Fine Gael

It is not a matter for the Committee on Procedure and Privileges.

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I am seeking direction from the Chair on for whom it is a matter because if the Taoiseach is allowed to do this, all he will be doing is treating the House as his own. It is not his.

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Paddy Burke An Cathaoirleach Fine Gael

That is not a matter for the Cathaoirleach-----

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Jesus, it is absolutely. Do we not care about this?

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Paddy Burke An Cathaoirleach Fine Gael

It is not a matter for the Cathaoirleach. The House makes its own decisions also.

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Until we get proper answers, I will propose amendments to the Order of Business. I expect the Government-----

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Paddy Burke An Cathaoirleach Fine Gael

I have no role whatsoever in this matter.

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Fine. I expect the Government parties to accept the amendments. If they want transparency and to get to the truth behind this, they should bring the Minister for Arts, Heritage and the Gaeltacht here themselves.

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Paddy Burke An Cathaoirleach Fine Gael

The Senator is way over time.

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