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Seanad
‹ An tOrd Gnó - Order of Business

Commencement matter refusals

Summary

Senator Keogan complained about how a Commencement matter on Garda enforcement and protest charges was ruled out, and the Cathaoirleach explained the usual jurisdiction issue and suggested resubmission through the Seanad Office.

I raise the handling of a Commencement matter that I submitted on Garda enforcement and charges arising from recent protests. This might seem a small enough procedural point for the Order of Business. I would not usually be inclined to raise it, but the way this has been handled needs to be raised. The difficulty is not simply that the Commencement matter was refused - that happens, and we are all used to it - but how it was refused. The written ruling simply states - it does not go much further than this - that the Minister has no official responsibility in the matter. My office was given a different reason in advance, namely, that the question somehow asked the Minister to interpret the law. We asked that this be reflected in the written decision. It was not. That leaves us in a peculiar position of having two reasons, neither of which has been explained and neither of which is consistent with the other.

On the substance, I am at a loss. The written ruling suggests the Minister for justice has no responsibility for Garda enforcement, which, if correct, is quite a remarkable position to be taking. There was an earlier suggestion that asking for the statutory basis relied on for charges brought against protestors amounts to asking for an interpretation of the law. If that is the standard, it is difficult to see how any questions could ever be admissible. Finally, no indication was given as to how or to whom such a matter could properly be directed. In summary, I simply ask for consistency because at present, the difficulty seems to lie less in the question than in settling on a reason not to answer it.

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Mark Daly An Cathaoirleach Fianna Fáil

As often happens with Commencement matters, they are routinely ruled out of order because the Ministers have no jurisdiction for those issues. However, I know when Senators engage with the Seanad Office, as many have, they often work in making sure there is a way to have the question answered in a way that is appropriate. I ask the Senator to perhaps engage with the Seanad Office and see if we can get that question committed again in a way that we can ensure an answer. Regardless of the topic, I want to ensure that all Senators are able to get answers on behalf of the people they represent. Oftentimes, they are refused in the first instance but, subsequently, when we change the way the question is phrased, it can lead to a better outcome.

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