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Seanad
‹ An tOrd Gnó - Order of Business

EU migration and asylum pact scrutiny

Summary

Senator McDowell objected strongly to the proposed committee consideration of the EU migration and asylum pact, calling it a major constitutional surrender and a whitewash. The Cathaoirleach repeatedly intervened, insisting on committee procedure, limiting repetition and urging him to raise his concerns through the committee’s private members’ time.

I received an amended notice or indication of what would transpire tomorrow, including a motion regarding the State opting into the European regulations underlying the migration and asylum pact. I asked that the Joint Committee on Justice engage in a serious consideration of the proposal. This has the effect of bringing into Irish constitutional law, in effect, obligations and a surrendering of sovereignty rights of the most serious and far-reaching kind. I asked the clerk to the committee to ask the Cathaoirleach to agree that we could have a decent consideration involving taking witnesses and seeing where this was going to bring us and what was involved. I was told that this was not envisaged and that what was envisaged for next Tuesday was a half-day session where the only material available to the committee would be a briefing by the Minister for Justice.

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Jerry Buttimer An Cathaoirleach Fine Gael

It is due to be referred by the House to the committee-----

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That is the proposal but it will not get any consideration at all and this is what I want to alert everybody in this House to. This is a most serious matter. Today I was also given access to the speaking note for the Cathaoirleach of that committee and it makes clear that none of the Minister's officials can answer any questions and only the Minister will do it.

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Jerry Buttimer An Cathaoirleach Fine Gael

That is the norm for committees, as the Senator is aware.

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Yes but the committee is entitled to-----

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Jerry Buttimer An Cathaoirleach Fine Gael

The Senator is a former Minister. He should know that.

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I have a limited amount of time.

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Jerry Buttimer An Cathaoirleach Fine Gael

I will give the Senator time but he should be factual.

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Jerry Buttimer An Cathaoirleach Fine Gael

For the benefit of balance, the committee sets its own work programme, as the Senator knows. The clerk to the committee and its Cathaoirleach with the members, as the Senator knows as a former Minister-----

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I know full well what the arrangements are. I am saying that I have the speaking note for the Cathaoirleach of that committee, which involves an absolute whitewash. After the Minister has made her submissions and members have made contributions, that is the end of the matter and that is the only consideration that is proposed to be given to this proposal. I protest most strongly. This is a constitutional-level change to our laws. We are about to surrender to Europe complete competence in respect of asylum seeking, migration and the like. It is envisaged that in a half-day session commencing at 4 p.m. next Tuesday, that committee will receive one contribution from the Minister by way of a briefing and members will be enabled to ask her questions and that is the end of the matter. That is the full discussion that is envisaged.

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Jerry Buttimer An Cathaoirleach Fine Gael

I have given the Senator time.

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The reason I am mentioning this is because-----

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you.

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Just let me finish. The Cathaoirleach interrupted me.

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Jerry Buttimer An Cathaoirleach Fine Gael

The Senator is continually looking for attention. He has been given a lot of time on this issue and I am asking him to conclude.

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With respect, I have run into a barrage from the Chair.

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Jerry Buttimer An Cathaoirleach Fine Gael

You have not. Sorry-----

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Jerry Buttimer An Cathaoirleach Fine Gael

One second now. I will let the Senator finish but he should understand that I did allow him time.

I am not against what he is talking about at all. Let me finish please. I did give you extra time and I will let you finish-----

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You gave me a lecture on what the normal procedure is in committees-----

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Jerry Buttimer An Cathaoirleach Fine Gael

I did not give you a lecture.

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-----I am fully aware of that-----

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Jerry Buttimer An Cathaoirleach Fine Gael

I did not give you a lecture.

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-----and I am saying this is a disgrace and I am going to bring to the attention of the media what is envisaged in relation to the so-called consideration. There is a picket outside of probable extremists but the people are entitled that their Parliament would not delegate to a committee consideration of a hugely important piece of law-----

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Jerry Buttimer An Cathaoirleach Fine Gael

Go raibh maith agat.

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-----and then have this whitewash charter decide what will happen at that committee.

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Jerry Buttimer An Cathaoirleach Fine Gael

And to assist you-----

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I do not need any assistance. I only need one assistance and that is your silence, Chair. I only need that assistance. I protest most strongly about what is happening. It is wrong. We are turning this Parliament into a rubber-stamp assembly and if anybody wants to look-----

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Jerry Buttimer An Cathaoirleach Fine Gael

Conclude now please. Thank you.

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-----at the recent referendum-----

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you. Go raibh maith agat. Your time is up, thank you.

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-----and what happens to rubber-stamp politics-----

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Jerry Buttimer An Cathaoirleach Fine Gael

You have been given a good extension now.

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-----as a result. Unfortunately in this case-----

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you. I ask you to conclude, please.

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-----the people will not be given their chance in a referendum vote.

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you.

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But the time has come, Chair, for people----

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you Senator. You have been given-----

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-----in both Houses to stand up for their rights as elected public representatives-----

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Jerry Buttimer An Cathaoirleach Fine Gael

You have been given a lot of latitude now.

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-----and to insist-----

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Jerry Buttimer An Cathaoirleach Fine Gael

You have been given a lot of latitude now.

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-----this measure is properly-----

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you Senator. Go raibh maith agat.

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-----considered before it becomes part of our law at constitutional level.

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Jerry Buttimer An Cathaoirleach Fine Gael

Go raibh maith agat. You have been given a lot of latitude. To assist you, I will make a point. I am not disagreeing with you at all. What I encourage you to do is, at the committee-----

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I wrote to the committee and-----

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Jerry Buttimer An Cathaoirleach Fine Gael

What I suggest-----

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-----I asked for a private session of the committee to consider what we would do. That is the reasonable thing to do. Instead I get this insult to parliamentary democracy.

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Jerry Buttimer An Cathaoirleach Fine Gael

Just to assist you, I suggest, as a former cathaoirleach of a committee, that you use the private members' time of the committee to articulate your viewpoint because it is more pertinent to the committee than to the Order of Business of the Seanad, and I am not disagreeing with you at all. I call Senator Carrigy.

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The public will not see any of that, as you well know.

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Jerry Buttimer An Cathaoirleach Fine Gael

Thank you.

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As you well know, this will be done behind closed doors.

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Jerry Buttimer An Cathaoirleach Fine Gael

You are a long-time Parliamentarian. You are well able to use the parliamentary practice to suit any narrative you wish to propose.

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