02 June 2004 |
previous: 27 May 2003 - next: 06 July 2006 |
| 1 |
There shall be a Roll of Members of Dáil Éireann which shall be signed in the presence of the Clerk by each member before taking his or her seat. When returns to Writs issued for a General Election to the Dáil shall have come into his or her hands, the Clerk shall notify members returned that their attendance is required at a place appointed and on a day (or days) named by him or her, which day or days shall be prior to the date mentioned in the Proclamation convening Dáil Éireann, for the purpose of complying with the provisions of paragraph (1) of this Standing Order. |
| 2 |
On the first day of the meeting of the Dáil subsequent to a General Election, and so soon as a quorum is present [S.O. 19], the proceedings shall be opened by the Clerk, who shall read the Proclamation convening Dáil Éireann. |
| 3 |
The Clerk shall then make a report as to the issue of Writs for such Election. This report shall enumerate the Constituencies in respect of which, and the Returning Officers to whom, such Writs were issued. The Clerk shall also announce the names of all members returned to serve in the Dáil, giving the Constituency in each case. |
| 4 |
A copy of the Writ of election for each Constituency, and of the return endorsed thereon, shall be laid before the Dáil by the Clerk. |
| 5 |
For the purposes of these Standing Orders the expression "Ceann Comhairle" shall mean the member elected by Dáil Éireann to be Chairman of Dáil Éireann and the expression "Leas-Cheann Comhairle" shall mean the member elected by Dáil Éireann to be Deputy Chairman of Dáil Éireann. |
| 6 |
The Dáil shall then proceed to the election of a Ceann Comhairle, and a motion may be made to that effect by any member who has taken his or her seat according to law. Such motion or motions shall be received by the Clerk, who shall act as Chairman until the Ceann Comhairle is elected. If only one member be proposed as Ceann Comhairle the Clerk shall put the question, "That... (naming the member) be elected and do now take the Chair of the Dáil as Ceann Comhairle", which shall be decided like other questions: Provided that in the event of there being an equality of votes, the question shall be decided in the negative. If more than one member be proposed as Ceann Comhairle, the Clerk shall, in the order in which the members shall have been proposed, put the question, "That... (naming the member) be elected and do now take the Chair of the Dáil as Ceann Comhairle", which shall be decided like other questions: Provided that in the event of there being an equality of votes, the question shall be decided in the negative. |
| 7 |
The Ceann Comhairle shall immediately upon his or her election take the Chair, but in the case of absence of the Ceann Comhairle elect, the Dáil may, on motion made without notice, appoint any member to act as Ceann Comhairle for the time being. Until such member is appointed the Clerk shall continue to act as Chairman. |
| 8 |
Upon first taking the Chair after his or her election, the Ceann Comhairle shall make the following declaration:- I do solemnly declare that I will duly and faithfully and to the best of my knowledge and ability, execute the office of Ceann Comhairle of Dáil Éireann without fear or favour, apply the rules as laid down by this House in an impartial and fair manner, maintain order and uphold the rights and privileges of members in accordance with the Constitution and the Standing Orders of Dáil Éireann. |
| 9 |
An election shall be held for a Leas-Cheann Comhairle, and motions may be made to this effect after notice. The Leas-Cheann Comhairle shall make the following declaration upon taking the Chair for the first time after his or her election:- I do solemnly declare that I will duly and faithfully and to the best of my knowledge and ability, execute the office of Leas-Cheann Comhairle of Dáil Éireann without fear or favour, apply the rules as laid down by this House in an impartial and fair manner, maintain order and uphold the rights and privileges of members in accordance with the Constitution and the Standing Orders of Dáil Éireann. |
| 10 |
When a vacancy has occurred in the office of Ceann Comhairle, the Leas-Cheann Comhairle shall perform the duties devolved upon, and exercise the authority conferred upon the Ceann Comhairle by these Standing Orders. The Clerk shall report such vacancy to the Dáil at the opening of its next meeting and an Order shall be made fixing a date for the election of a Ceann Comhairle, which election shall take place in the manner hereinbefore provided. [S.O. 6] |
| 11 |
In the unavoidable absence of the Ceann Comhairle, the Leas-Cheann Comhairle shall perform the duties devolved upon, and exercise the authority conferred upon the Ceann Comhairle by these Standing Orders until the Dáil shall otherwise order. |
| 12 |
Whenever the Dáil shall be informed by the Clerk that both the Ceann Comhairle and the Leas-Cheann Comhairle are unavoidably absent, then for the period of absence of both the Dáil shall, if a quorum be present, and subject to the provisions of Standing Order 6, at once proceed to elect one of its members to perform the duties devolved upon, and exercise the authority conferred upon the Ceann Comhairle by these Standing Orders; if there be not a quorum present, the Dáil shall stand adjourned until the next sitting day. |
| 13 |
If there is a likelihood of the continued absence of the Ceann Comhairle, and if no other nomination shall have been made of a Ceann Comhairle, the Dáil may appoint another member to act as Leas-Cheann Comhairle during such continued absence. |
| 14 |
The term of office of the Ceann Comhairle and of the Leas-Cheann Comhairle shall be the term of the Dáil existing at the time of their appointment, but the Ceann Comhairle shall continue in office until his or her successor has been appointed for the purpose of these Standing Orders: Provided that the Dáil may, at any time, by special resolution, remove from office either the Ceann Comhairle or the Leas-Cheann Comhairle. |
| 15 |
No member of the Government or Minister of State may act as Ceann Comhairle or Leas-Cheann Comhairle. |
| 16 |
The Ceann Comhairle shall nominate, as soon as may be following the reassembly of the Dáil subsequent to a General Election, a panel of not less than five members, any one of whom may act as temporary Chairman in the Dáil or in Committee of the whole Dáil, when requested so to act by the Ceann Comhairle. |
| 17 |
While the Leas-Cheann Comhairle (or a temporary Chairman) is in the Chair he or she shall perform the duties devolved upon, and exercise the authority conferred upon the Ceann Comhairle by these Standing Orders save as may be otherwise provided therein. |
| 18 |
All proceedings of the Dáil shall be conducted through the medium of the Irish or the English language. The Order Paper, the Journal of Proceedings of the Dáil and all other appropriate documents shall be issued in the Irish and English languages. The Clerk shall cause to be made an official translation into English of every law enacted by the Oireachtas in Irish, and an official translation into Irish of every law enacted by the Oireachtas in English. |
| 19 |
The quorum necessary to constitute a meeting of the Dáil shall be twenty members. [See S.O. 75.] |
| 20 |
If at any stage in a sitting of the Dáil, other than while a private member's Bill or motion is under consideration or while a matter brought forward in accordance with Standing Order 21 (3) is being discussed, any member calls the attention of the Chair to the fact that a quorum is not present, or if on the report of a division, such fact shall appear, the division bells shall be rung for a period of not less than three minutes, and if after an interval of not less than three minutes, a quorum is still not present, the Ceann Comhairle shall suspend the sitting to a later hour to be named by him or her, or shall adjourn the Dáil without question put until the next sitting day; and no decision shall be considered to have been arrived at by such division; and the hour of such adjournment, as also the names of the members present, shall be entered in the Journal of the Proceedings of the Dáil. [See S.O. 76.] |
| 21 |
Unless it shall otherwise resolve, the Dáil shall meet every Tuesday at 2.30 p.m. and every Wednesday and Thursday at 10.30 a.m. and shall adjourn not later than forty minutes after the interruption of business provided for in paragraph (2) of this Standing Order. At 8.30 p.m. on Tuesdays and Wednesdays, and at 4.45 p.m. on Thursdays, subject to the provisions of paragraphs (5) and (6) of this Standing Order, the proceedings on any business then under consideration shall be interrupted (or if the Dáil be in Committee, progress shall be reported and leave asked to sit again): Provided that if an Order shall have been made under Standing Order 22, that the hour at which business is to be interrupted be other than that specified in this paragraph, the provisions of this Standing Order with such substitution shall otherwise apply. Any member may give notice in writing, not later than 12 noon on Tuesdays and Wednesday or 11 a.m. on Thursdays, of a matter which he or she wishes to bring forward for discussion on the interruption of business by way of a five minute speech (in respect of which the provisions of paragraph (4) of this Standing Order shall apply), but the Dáil shall not divide on any matter arising out of such discussion, nor shall opposed business be taken after 8.30 p.m. or 4.45 p.m., respectively. A list of the matters in respect of which notice has been given under this paragraph and the name of the member concerned in each case shall be printed in the Official Report of the Debates. The Ceann Comhairle shall select four matters upon which the member concerned may make a five minute speech and shall advise the Dáil of the total number of matters received, the matters selected and, in the case of those selected, the member concerned after Questions each day. In each case a member of the Government or Minister of State shall be entitled to not more than five minutes for a speech in reply. The matters selected must relate to public affairs connected with a Department of State or to matters of administration for which a member of the Government or Minister of State is officially responsible (including bodies under the aegis of a Department of State in respect of Government policy). If, at the time appointed for the interruption of business as provided in paragraph (2) of this Standing Order, the closure is moved or proceedings under the closure are in progress, the Ceann Comhairle will not effect such interruption until the proceedings under the closure, and on any such further motion as is specified in the Standing Order as to closure [S.O. 64] have been completed. If, at the time appointed for the interruption of business as aforesaid, (a) a division is in progress or has been ordered to be taken, or (b) the debate on an item of business has concluded, the interruption shall not take place until after the decision has been declared from the Chair. If the division is on an amendment, or on an amendment to the amendment, the Ceann Comhairle shall proceed after such declaration to put in proper sequence the Questions necessary to bring proceedings on the item of business to a conclusion, but if any member offers to speak thereon or objects to further proceedings, the interruption shall thereupon take place. |
| 22 |
A motion that the hour at which business is to be interrupted on a particular day be other than that provided for in Standing Order 21 may be made by a member of the Government or Minister of State without notice not later than 6.30 p.m. on a Tuesday or Wednesday, or 3 p.m. on a Thursday: Provided that a member of the Government or Minister of State may move after notice that, for a specified period, the hour at which business shall be interrupted be other than that provided for in Standing Order 21. If such motion be agreed to, the provisions of Standing Order 21 with such substitution shall otherwise apply. |
| 23 |
On Wednesdays the sitting shall be suspended from 1.30 p.m. to 2.30 p.m. A motion that a sitting be suspended for a period may at any time be made, by permission of the Ceann Comhairle, and without notice. Such motion shall fix the period of suspension: Provided that if an Order shall have been made under Standing Order 22, the Ceann Comhairle may, if so requested, suspend business for a period not exceeding two hours. |
| 24 |
On the request of the Taoiseach, the Ceann Comhairle may summon the Dáil for an earlier date than that fixed on an adjournment. Such summons shall state the reason for the earlier reassembly and the business to be taken shall be confined to the reason stated in the summons unless the Dáil shall otherwise order on motion made under Standing Order 26. Where the Dáil stands adjourned to a stated day and the Leaders of the groups [S.O. 114], or another member on their behalf, respectively, request that the meeting on such stated day be postponed to a later day and a time specified in the request, the Ceann Comhairle shall- (a) notify all members of the Dáil that such meeting has been so postponed; and (b) summon a meeting of the Dáil for the later day specified in the request. |
| 25 |
Upon taking the Chair each day, and before any business is entered upon, the Ceann Comhairle shall read the following prayer:- Direct, we beseech Thee, O Lord, our actions by Thy holy inspirations and carry them on by Thy gracious assistance; that every word and work of ours may always begin from Thee, and by Thee be happily ended; through Christ Our Lord. Amen. |
| 26 |
Every sitting of the Dáil shall be governed by a printed Order Paper which shall be prepared under the direction of the Ceann Comhairle. (a) Subject to paragraph (b) the Taoiseach shall have the right to determine the order in which Government business shall appear on the Order Paper and, by announcement, the order in which it shall be taken each day; and may propose, on motion made without notice, arrangements for sittings and for the taking of such business until such business has been disposed of; save where any such proposal is opposed, the Ceann Comhairle shall permit a brief statement from a representative from each party in opposition and the Taoiseach before he or she puts the question thereon. Provided that where a second or subsequent division is demanded on any such proposals on the Order of Business, the period for which the division bells shall ring and the interval between the ringing of the bells and the locking of the doors shall be not less than two minutes and not less than one minute respectively. (b) Any announcement made by the Taoiseach under paragraph (a) shall be made: (i) on Tuesdays, immediately following Leaders' Questions, (ii) on Wednesdays, immediately following Oral Questions to the Taoiseach, and (iii) on Thursdays, at the commencement of Public Business. Following the announcement by the Taoiseach and the disposal of any motion comprehended by paragraph (2), the Ceann Comhairle may permit, at this or her discretion, questions to the Taoiseach about business on the Order Paper; about the taking of business which has been promised, including legislation promised either within or outside the Dáil; about the making of secondary legislation; about arrangements for sittings; and as to when Bills or other documents on the Order Paper needed in the House will be circulated: Provided that, the Taoiseach may defer replying to a question relating to the making of secondary legislation to another day. For the purposes of this Standing Order, a member of the Government or the Government Chief Whip may on Tuesdays and Wednedays and shall on Thursdays ordinarily exercise the powers conferred upon the Taoiseach. |
| 26A |
(a) At the commencement of Public Business on Tuesdays and Wednesdays, the Ceann Comhairle may permit, at his or her discretion, a brief question not exceeding two minutes from each Leader in Opposition to the Taoiseach about a matter of topical public importance and in respect of which the following arrangements shall apply: (i) the Taoiseach shall be called upon to reply for a period not exceeding three minutes, (ii) the Leader in Opposition who asked the original question may then ask a brief supplementary question not exceeding one minute, (iii) the Taoiseach shall then be called upon to reply in conclusion for a period not exceeding one minute. (b) The total time allowed for Leaders' Questions on any given day under this Standing Order shall not exceed twenty-one minutes and the Taoiseach may nominate another member of the Government to take Leaders' Questions in his or her absence. (c) In this Standing Order, "Leader in Opposition" means the Leader of a group as defined in Standing Order 114(1): Provided that the Leader of a party which is a group under Standing Order 114(1)(a) shall have precedence over the designated Leader of a group recognised under paragraph (1)(b) of that Standing Order. |
| 27 |
Subject to Standing Order 26, the ordinary routine of business in the Dáil shall be as follows:- 1. *Questions. 2. Private Business. 3. Public Business- (i) At the commencement of Public Business- (a) Reports from Committees. (b) Messages from the Seanad. (c) Bills from the Seanad. (d) Initiation of Bills. (e) Notices of Motions. (ii) Orders of the Day. The ordinary routine of business in Private Members' time [S.O. 111] shall be as follows:- (i) Adjourned Business given priority under Standing Orders. (ii) Other Business ordered. (iii) Other Notices of Motions. *Subject to the provisions of Standing Order 35. |
| 28 |
At a sitting of the Dáil, before the commencement of Public Business, the Dáil shall proceed to the consideration of unopposed Private Business. Opposed Private Business shall be subject to the provisions of Standing Order 127 of the Standing Orders relative to Private Business. |
| 29 |
All motions to be put on the Order Paper for any day, shall be in writing, signed by a member, and shall reach the Clerk not later than 11 a.m. on the fourth preceding day. Any amendments to such motions shall be in writing, signed by a member, and shall reach the Clerk not later than 11 a.m. on the second preceding day: Provided that, by permission of the Ceann Comhairle, motions and amendments may be made on shorter notice. |
| 30 |
The Order Paper shall contain the text of all Questions to be asked of members of the Government (other than private notice Questions permitted under Standing Order 32) and of all motions, and amendments thereto, to be proposed (save such as are allowed by these Standing Orders to be proposed without notice). In addition, on Tuesdays and Wednesdays, the Order Paper shall contain the text of Questions, other than Questions nominated for priority [S.O. 38], for oral answer on the following day. |
| 31 |
Leave to move a motion for the adjournment of the Dáil on a specific and important matter of public interest requiring urgent consideration may be sought on a Tuesday, Wednesday or Thursday on which the Dáil sits if a member gives notice in writing to the Ceann Comhairle not less than 45 minutes before the opening of the sitting. Such notice shall state the matter which the member seeks to raise and may refer to the merits of or reasons for raising the matter in a manner which the Ceann Comhairle considers to be brief and concise. Where the Ceann Comhairle is satisfied that the notice complies with the requirements of this Standing Order, the member shall be called upon by the Ceann Comhairle immediately before the Order of Business, whereupon the member shall rise in his or her place and state that he or she requests leave to move the adjournment of the Dáil for the purpose of discussing a specific and important matter of public interest requiring urgent consideration and shall state the notice given but may not elaborate thereon. If the Ceann Comhairle considers the motion to be one contemplated by this Standing Order, he or she shall thereupon desire the members who support the request to rise in their places. If not less than twelve members rise accordingly, he or she shall give leave to make the motion, which shall be moved at 7 p.m. on a Tuesday or Wednesday, or 3.30 p.m. on a Thursday, or at such hour on the day on which the request is made as the Dáil may appoint. A matter submitted in pursuance of this Standing Order which fails to obtain the requisite support cannot during the following six months be again brought forward under this Standing Order. |
| 32 |
Questions to a member of the Government (a) nominated for priority [S.O. 38] or (b) to which an answer is to be provided in the Official Report of the Debates [S.O. 39(2)] must be in writing and must reach the Clerk not later than 11 o'clock a.m. on the third day preceding that on which they are to be asked, not reckoning a Saturday, Sunday, or public holiday. Other Questions to a member of the Government must be in writing and must reach the Clerk not later than 11 o'clock a.m. on the fourth day preceding that on which they are to be asked, not reckoning a Saturday, Sunday, or public holiday: Provided that Questions relating to matters of urgent public importance may, by permission of the Ceann Comhairle, be asked on private notice. Such Questions must be in writing and must reach the Clerk not later than 2.30 p.m. on the day on which they are to be asked. |
| 33 |
Questions addressed to a member of the Government must relate to public affairs connected with his or her Department, or to matters of administration for which he or she is officially responsible (including bodies under the aegis of his or her Department in respect of Government policy). |
| 34 |
The Ceann Comhairle shall examine every Question in order to ensure that it conforms with the provisions of this Standing Order. The Ceann Comhairle shall rule out of order any Question which does not comply with Standing Orders: Provided that the Ceann Comhairle, or the Clerk under his or her authority, may amend any Question, after consultation with the member responsible for the Question, to secure its compliance with Standing Orders. The purpose of each Question shall be to elicit information upon or to elucidate matters of fact or of policy and Questions shall be as brief as possible. Questions put down for oral answer may not seek information provided orally in the Dáil within the previous four months in response to an oral Question or in response to a matter raised under Standing Order 21: Provided that, where an oral question is not reached and a written answer thereto is provided in the Official Report of Debates, the provisions of paragraph (4) of this Standing Order shall apply. Questions for written answer may not seek information provided within the previous two weeks in response to a Question (whether answered orally or in writing) or in response to a matter raised under Standing Order 21. Questions shall not contain argument or personal imputation. Questions shall not anticipate the discussion of any subject of which notice has been given and which is scheduled to be brought before the Dáil within the same week in which the Question is to be answered. |
| 35 |
Unless the Dáil shall otherwise order on motion made by a member of the Government or Minister of State- (a) Questions for oral answer to the Taoiseach shall be taken- (i) from 2.30 p.m. to 3.15 p.m. on Tuesdays, and (ii) following Leaders' Questions on Wednesdays for a period not exceeding forty-five minutes. (b) Questions for oral answer to other members of the Government shall be taken- (i) from 3.15 p.m. to 4.15 p.m. on Tuesdays, (ii) from 2.30 p.m. to 3.45 p.m. on Wednesdays, and (iii) from 3.30 p.m. to 4.45 p.m. on Thursdays: Provided that Questions asked on private notice may be taken by permission of the Ceann Comhairle and shall be asked immediately after the Order of Business on Tuesdays, immediately after other Questions have been taken on Wednesdays, and during the last thirty minutes of the time allowed for the taking of Questions on Thursdays (and the taking of Questions shall not resume thereafter). The time allowed for Questions, other than Questions to the Taoiseach [S.O. 36] and Questions nominated for priority [S.O. 38], shall not exceed thirty minutes on Tuesdays and forty-five minutes on Wednesdays and Thursdays, and the time allowed for Questions nominated for priority for any one day shall not exceed thirty minutes. |
| 36 |
Questions addressed to the Taoiseach may be asked only on Tuesdays and Wednesdays and shall be placed on the Order Paper before Questions to other members of the Government to be asked on the same day. The time allowed for Taoiseach's Questions shall not exceed forty-five minutes each day. Any Question to the Taoiseach which appears on Tuesday's Order Paper and which is not disposed of shall be placed on the Order Paper for the following day before Questions to the Taoiseach to be asked on that day, save that a Question to be taken by the Taoiseach may be placed before Questions to be taken by a Minister of State at his or her Department. Questions for oral answer addressed to other members of the Government shall be asked on the basis of a daily rota in such order as the Dáil may from time to time decide and shall be in two categories:- (a) Questions, the sequence of which shall be decided by lottery [S.O. 37], and (b) Questions which have been nominated for priority [S.O. 38]. |
| 37 |
In relation to Questions, the sequence of which shall be decided by lottery, the following provisions shall apply:- (i) The lottery, at which members may attend, shall be held on the fourth day preceding that on which the Questions are to be asked, not reckoning a Saturday, Sunday or public holiday. (ii) No member may put down more than two Questions to each member of the Government for answer on any one day. (iii) Where Questions to two members of the Government (other than the Taoiseach) are to be asked on the same day, Questions to the member to whom the lesser number is addressed shall be placed first on the Order Paper and shall be allocated not more than one half of the time available to both. (iv) A member nominated by a group in Opposition may, on request, be provided with the text of Questions put down by members of that group. (v) Where similar Questions (other than Questions to the Taoiseach) are to be asked on the same day, the text of only that Question which is placed highest in the lottery shall appear on the Order Paper. (vi) "Similar Question" means a Question put down by a member of a group which is, or would but for merely textual variations in its form of wording be, identical with one or more other Questions put down by the same member or by one or more other members of that group. In the case of Questions (other than Questions to the Taoiseach) the sequence of which shall have been decided by lottery- (a) the time allowed for each Question shall not exceed six minutes, of which- (i) the time allowed for the initial Ministerial reply shall not exceed two minutes: Provided that, where a Minister or Minister of State so requests, the Ceann Comhairle shall direct that a statement containing additional information which is directly relevant to the Ministerial reply be furnished in the Official Report of the Debates, such statement being referred to in the course of the reply, and (ii) the time allowed for each supplementary Question or the reply thereto shall not exceed one minute. (b) where such Questions are grouped for reply, the total times allowed for the group and for the initial Ministerial reply shall be the aggregates of the times which would be allowed for the individual Questions: Provided that the total time allowed for any such group of Questions shall not exceed 18 minutes, and (c) the time allowed for any such Question or group of Questions shall not be affected by the grouping therewith of a Question or Questions put down for written answer. |
| 38 |
In relation to Questions which have been nominated for priority, the following provisions shall apply:- (i) Each Question shall be in the name of a member nominated by a group (as defined in Standing Order 114 (1)) in Opposition. (ii) The number of such Questions for answer on any one day shall not exceed five. (iii) Questions nominated for priority shall be placed on the Order Paper before other Questions to members of the Government, other than the Taoiseach, to be asked on the same day. (iv) Questions for answer on any one day shall be placed on the Order Paper so as to rotate between groups in Opposition, with preference being given to the larger group (preference being decided by lot in any case of equality between groups): Provided that a party which is a group under Standing Order 114(1)(a) shall have precedence over a group recognised under paragraph (1)(b) of that Standing Order. (v) A member nominated by a group may nominate Questions and Questions put down by other members of that group in substitution for Questions which may be transferred or disallowed. Such nomination shall be made in writing and must reach the Clerk not later than 11 a.m. on the third day preceding that on which the Questions are to be asked, not reckoning a Saturday, Sunday or public holiday. (a) The time allowed for each Question nominated for priority shall not exceed six minutes: Provided that, of this six minutes, the time allowed for the initial Ministerial reply shall not exceed two minutes: Provided further that, where a Minister or Minister of State so requests, the Ceann Comhairle shall direct that a statement containing additional information which is directly relevant to the Ministerial reply be furnished in the Official Report of the Debates, such statement being referred to in the course of the reply. (b) Where Questions nominated for priority are grouped for reply, the total times allowed for the group and for the initial Ministerial reply shall be the aggregates of the times which would be allowed for the individual Questions. |
| 39 |
A member of the Government may, where appropriate, group Questions put down for oral answer and Questions put down for written answer for the purposes of reply: Provided that Questions which have been nominated for priority may not be grouped with other Questions for oral answer: and provided further that the provisions of Standing Order 34 (3) may not prejudice the answering of an oral Question which is not reached and which is put down for answer again in accordance with paragraph (3) of this Standing Order. If a member distinguishes his or her Question by an asterisk, the member of the Government to whom it is addressed shall cause an answer to be provided in the Official Report of the Debates. Where a Question put down for oral answer is not reached, the member of the Government to whom it is addressed shall cause an answer to be provided in the Official Report of the Debates: Provided that such written answer shall not prejudice the right of the member in whose name the Question appears on the Order Paper to request, within 30 minutes of the conclusion of Question Time on that day, that the Question be addressed again to the member of the Government concerned on the next day on which that member is to answer Questions for oral answer. Where a Question put down for oral answer is of such a nature as to require a lengthy reply or a reply in the form of a tabular statement, the Ceann Comhairle shall, at the request of the member of the Government to whom the Question is addressed, direct that the answer be furnished in the Official Report of the Debates. |
| 40 |
A Question shall be put by a member rising in his or her place, and indicating the number of the Question on the Order Paper. |
| 41 |
Supplementary Questions may be put only for the further elucidation of the information requested, and shall be subject to the ruling of the Ceann Comhairle, both as to relevance and as to number: Provided that, in the time allocated to Questions nominated for priority, supplementary Questions may be put only by the member in whose name the Question appears on the Order Paper: Provided further that supplementary Questions shall not be grouped for the purposes of reply. |
| 42 |
A member of the Government who has given prior notice to the Ceann Comhairle may make a statement in the House on any matter. No debate shall be permitted on any such statement but further statements may be allowed at the discretion of the Ceann Comhairle from a spokesperson nominated by a Party in Opposition. |
| 43 |
The Ceann Comhairle shall have discretion to permit any member to make a personal explanation in the Dáil, following notice given in writing by the member concerned to the Ceann Comhairle of his or her desire to make such an explanation and of the content of such proposed explanation. An explanation made under this Standing Order shall be brief, non-argumentative and strictly personal and shall not be such as would cause debate or give rise to further explanations. No member shall be permitted to ask questions at the conclusion of a personal explanation nor shall any debate arise thereon. |
| 44 |
A member desiring to speak shall rise in his or her place. Should more than one member rise at the same time, the Ceann Comhairle shall call upon one of them. Members shall address the Chair. |
| 45 |
Whenever the Ceann Comhairle rises during a debate, any member then speaking, or offering to speak, shall resume his or her seat. |
| 46 |
No member shall be entitled to speak twice upon the same motion, except to close the debate upon a motion of which he or she was the proposer. |
| 47 |
Unless the Dáil shall otherwise order, a member in possession in the course of debate may give way to another member who wishes to query or comment on points made in the course of the first member's speech: Provided that such intervention shall not exceed 30 seconds: and provided further that the Ceann Comhairle shall, as a general rule, only allow such interventions in the latter stages of a speech. Any member who has given prior notice to the Ceann Comhairle may, by permission of the Ceann Comhairle, intervene to make a thirty second statement to clarify remarks made earlier in the course of his or her speech. In either of the aforementioned cases, the Ceann Comhairle shall have discretion to add the time lost as a result of the interventions to the time available to the member in possession: Provided that, in his or her opinion, such addition shall not unduly affect business and subject to the addition of an overall maximum of 10 minutes in a debate to which an allocation of time motion applies. |
| 48 |
A motion or amendment shall not be debated until the appropriate question has been proposed from the Chair. |
| 49 |
If a member does not move the motion or amendment which stands in his or her name, such motion or amendment shall lapse unless moved by some other member authorised by him or her. |
| 50 |
A private member's motion which is not moved within twelve months from the date on which it was first placed on the Order Paper shall be deemed to have lapsed, but without prejudice to the right of members to put down such motion again. |
| 51 |
A member who has made a motion or proposed an amendment may withdraw the same by leave of the Dáil. |
| 52 |
Every amendment must be relevant to the motion to which it is proposed, and must be directed to omitting, adding, or substituting words. No amendment, which is equivalent to a direct negative, shall be accepted. |
| 53 |
When the question on a motion or an amendment has been put from the Chair, no further debate thereon shall be allowed. |
| 54 |
A motion to rescind or amend a Resolution, other than a Resolution relating to an adjournment of the Dáil or to Standing Orders, can only be made on notice that shall specify the Resolution to be rescinded or amended, and furnish the terms of the motion to be made; but no motion shall be allowed to appear on the Order Paper to rescind or amend any such Resolution, within six months from the date of its adoption, except with the written assent of not less than twenty-five members or one-sixth of the membership of a Standing, Select or Special Committee in the case of a Resolution of the Committee. |
| 55 |
No member shall re-open a discussion on a question already discussed during the preceding six months. Notwithstanding paragraph (1), the Ceann Comhairle shall have discretion to apply a shorter period than six months to the business specified below in accordance with established practice: (a) a personal explanation made by a member, following notice given to the Ceann Comhairle and by permission of the Ceann Comhairle [S.O. 43]; (b) a motion of confidence in the Taoiseach and/or the Government or a member of the Government; and (c) a motion directing the Ceann Comhairle to direct the Clerk of the Dáil to issue his or her Writ for the election of a member to fill any vacancy that may occur from time to time [S.O. 168 (1)]. No member shall anticipate the discussion of any subject of which notice has been given: Provided that in determining whether a discussion is out of order on the ground of anticipation, regard shall be had by the Ceann Comhairle to the probability of the matter anticipated being brought before the Dáil within a reasonable time. This Standing Order shall not apply to Standing, Select or Special Committees. |
| 56 |
Subject always to the right of Dáil Éireann to legislate on any matter (and any guidelines which may be drawn up by the Committee on Procedure and Privileges from time to time), and unless otherwise precluded under Standing Orders, a member shall not be prevented from raising in the Dáil any matter of general public importance, even where court proceedings have been initiated: Provided that- (1) the matter raised shall be clearly related to public policy; (2) a matter may not be raised where it relates to a case where notice has been served and which is to be heard before a jury or is then being heard before a jury; (3) a matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial Tribunal; (4) members may only raise matters in a substantive manner (i.e. by way of Parliamentary Question, matter raised under Standing Order 21, motion, etc.) where due notice is required; and (5) when permission to raise a matter has been granted, there will continue to be an onus on members to avoid, if at all possible, comment which might in effect prejudice the outcome of proceedings. |
| 57 |
A member who persists in irrelevance or repetition in debate, or who, in the opinion of the Ceann Comhairle, is speaking for the purpose of obstructing business, may be directed by the Ceann Comhairle to discontinue his or her speech after the attention of the Dáil or of the Committee has been called to his or her conduct. |
| 58 |
A member shall not make an utterance in the nature of being defamatory and where a member makes such an utterance it may be prima facie an abuse of privilege, subject to the provisions of this Standing Order. (a) If the defamatory nature of the utterance is apparent at the time it was made during the course of proceedings, the Ceann Comhairle shall direct that the utterance be withdrawn without qualification. (b) If the member refuses to withdraw the utterance without qualification the Ceann Comhairle shall treat the matter as one of disorder: Provided that the member may claim that the matter be referred to the Committee on Procedure and Privileges in which case no further action shall be taken thereon by the Ceann Comhairle at that point. If the defamatory nature of the utterance is not apparent at the time during the course of proceedings and at the earliest opportunity but not later than two weeks after the making of the utterance- (a) the alleged abuse of privilege is raised by a member with a request that it be considered by the Ceann Comhairle or referral to the Committee on Procedure and Privileges directly is sought by a member by way of motion, or (b) where a persion who has been referred to by name, or in such a way as to be readily identifiable, in the Dáil, makes a submission in writing to the Ceann Comhairle- (i) claiming that the person has been adversely affected by the making of an utterance in the nature of being defamatory within the meaning of this Standing Order, (ii) setting out the reasons why the persion claims the said utterance was in the nature of being defamatory and why the said utterance prima facie constitutes an abuse of privilege, (iii) requesting that the person be able to incorporate an appropriate response in the parliamentary record, if the Ceann Comhairle is satisfied that- (c) the member's request or the subject of the submission is so obviously trivial or the submission so frivolous, vexatious or offensive in character as to make it inappropriate that further action be taken or that it be considered by the Committee; or (d) it is not practicable for the Committee to consider the member's request or the submission under this Standing Order, or (e) taking into account the totality of the parliamentary record (including any rebuttal of the utterance concerned by other members), prima facie no abuse of privilege has occurred, the Ceann Comhairle may decide that no action shall be taken in respect of the member's request or the submission. In any other case the Ceann Comhairle may- (i) require the member who made the utterance to make a personal explanation to the House in effect to withdraw without qualification the utterance made or to clarify otherwise the circumstances that gave rise to the utterance as may be deemed appropriate, provided that the member may claim that the matter be referred to the Committee on Procedure and Privileges in which case no further action shall be taken thereon by the Ceann Comhairle at that point, or (ii) refer the member's request or the submission to the Committee. Where the request or submission is referred to the Committee- (a) the Committee may decide not to consider the request or submission referred to it under this Standing Order if the Committee considers that the subject of the request or submission is not sufficiently serious or is frivolous, vexatious or offensive in character, and such a decision shall be reported to the Dáil; (b) if the Committee decides to consider a request or submission under this Standing Order- (i) the Committee may invite the member who made the utterance and such other members as the Committee may deem appropriate to appear before the Committee to put his or her case; (ii) in considering a request or submission and reporting to the Dáil the Committee shall not consider or judge the truth of any statements made in the Dáil or of the submission. (c) the Committee shall have discretion to publish a submission referred to it under this Standing Order or its proceedings in relation to such a submission, and may lay minutes of its proceedings and all or part of such submission before the Dáil. In any report which it may make to the Dáil on a request or submission under this Standing Order, the Committee may make any of the following recommendations: (a) that prima facie no abuse of privilege has occurred and that no further action be taken by the Dáil or by the Committee in relation to the submission; or (b) if the Committee decides that a member has made an utterance in the nature of being defamatory and that prima facie an abuse of privilege has occurred- (i) that a response by the person who made the submission, in terms specified in the report, following consultation with such person, be published in the Official Report or be laid before the Dáil or recorded in such a manner as may be deemed appropriate by the Committee, or (ii) that the member who made the utterance be required to make a personal explanation to the House in effect to withdraw without qualification the utterance made or to clarify otherwise the circumstances that gave rise to the utterance as may be deemed appropriate: Provided that, if the member refuses to make a personal explanation on foot of such recommendation, the Ceann Comhairle shall at the commencement of business on the next sitting day, or at the earliest convenient opportunity, on which the member is present, reprimand the member in his or her place. Any decision taken by the Committee under paragraph (5)(b) of this Standing Order shall require the support of three-quarters of the members present and voting. Notwithstanding the provisions of this Standing Order (save the provisions of paragraph (6), which shall continue to apply), the Committee, following consideration of a request or submission under this Standing Order, may make such recommendations as appear to it to be required in the interests of all concerned. A document laid before the Dáil under this Standing Order- (a) in the case of a response by a person who made a submission, shall be succinct and strictly relevant to the questions at issue and shall not contain anything offensive in character; and (b) shall not contain any matter the publication of which would have the effect of- (i) unreasonably adversely affecting or injuring a person, or unreasonably invading a person's privacy, in the manner referred to in paragraph (11) of this Standing Order, (ii) unreasonably adding to or aggravating any such adverse effect, injury or invasion of privacy suffered by a person. In considering a matter under this Standing Order the Ceann Comhairle or the Committee, as the case may be, shall take into account the following: (a) whether the member who made the utterance did so in a responsible manner, acted in good faith, and ensured, as far as is practicable, that the utterance reflecting adversely on a person was soundly based, (b) the totality of the parliamentary record, including any rebuttal of the utterance concerned by other members, (c) that the said member made a personal explanation in effect to withdraw the defamatory nature of the utterance, and (d) the extent to which- (i) the substance of the utterance was already in the public domain by way of reports in the media; or (ii) the member had reasonable excuse or otherwise for making the utterance. Notwithstanding the provisions of this Standing Order- (a) any member who considers that it is in the public interest for him or her to make an utterance which could be construed as being in the nature of defamatory, may give prior private notice to the Ceann Comhairle of his or her intention to make such an utterance and the reasons therefor; and such notice shall be taken into account in the consideration of the application of the provisions of this Standing Order, (b) the Ceann Comhairle may at any time on his or her own volition refer an utterance in the nature of being defamatory to the Committee. For the purposes of this Standing Order- An "utterance in the nature of being defamatory" shall mean an utterance which, in the opinion of the Ceann Comhairle or of the Committee, could be construed as being defamatory if made other than in the course of parliamentary proceedings whereby a person who has been referred to by name or in such a way as to be readily identifiable has been adversely affected in reputation or in respect of dealings or associations with others, or injured in occupation, trade, office or financial credit, or that the person's privacy has been unreasonably invaded, by reason of that reference to the person; "Committee" shall mean either the Dáil Committee on Procedure and Privileges or a sub-Committee thereof; "Proceedings" shall mean parliamentary proceedings of the Dáil, a Standing, Select or Special Committee or a sub-Committee thereof. |
| 59 |
The Ceann Comhairle is the judge of order in the Dáil and in Committee of the whole Dáil and has authority to suppress disorder and to enforce prompt obedience to his or her ruling. In Standing, Select or Special Committees order shall be maintained by the Chairman, but disorder or obstruction in Committees can be censured only in the Dáil on receiving a report in accordance with Standing Order 94(2). |
| 60 |
The Ceann Comhairle shall order a member whose conduct is grossly disorderly to withdraw immediately from the Dáil for the remainder of that day's sitting. If, however, on any occasion the Ceann Comhairle deems that the powers conferred under this Standing Order are inadequate to deal with the offence, he or she may, in accordance with the next succeeding Standing Order, name such member for misconduct, or he or she may call on the Dáil to adjudge upon his or her conduct. Members ordered to withdraw in pursuance of this Standing Order, or who are suspended in pursuance of the next succeeding Standing Order, shall forthwith withdraw from the precincts of the Dáil. A member may be named or the Dáil called on to adjudge upon his or her conduct only when the Ceann Comhairle is in the Chair. |
| 61 |
Whenever any member shall have been named by the Ceann Comhairle immediately after the commission of the offence of disregarding the authority of the Chair, then, if the offence has been committed by such member in the Dáil, or in Committee of the whole Dáil, the Ceann Comhairle shall move and forthwith put the question on a motion - no amendment, adjournment or debate being allowed - "That... (naming the member) be suspended from the service of the Dáil"; and on the declaration of the result the member may stand suspended and, if so, shall withdraw from the Dáil forthwith: Provided, on an exceptional basis, a division may be claimed on the question and, subject to paragraph (3), shall take place immediately before the Order of Business the next sitting day thereafter and the member shall be entitled to vote in any such division: Provided further, that a claim for a division under this paragraph may be withdrawn at any time up to 30 minutes before the Order of Business the next sitting day, upon the receipt by the Ceann Comhairle of written notice from either the suspended member or the member who claimed the division, and the Ceann Comhairle shall so inform the Dáil at the time appointed for the taking of such division, whereupon the declaration of the Ceann Comhairle shall stand as a decision of the House. If any member hereafter be suspended under this Standing Order, his or her suspension on the first occasion shall continue until the second day, on the second occasion until the fourth day, and on the third or any subsequent occasion until the eighth day, on which the Dáil shall sit after the day on which he or she was suspended. The Ceann Comhairle on receiving from the member so suspended a written and approved expression of regret, to be entered in the Journal of the Proceedings of the Dáil, shall- (a) lay the same before the Dáil, and (b) move the motion without notice, amendment, adjournment or debate before the Order of Business the next sitting day, and forthwith put the question for the discharge of the Order of suspension, whereupon, on the declaration of the result, the Order shall be discharged, and the member re-admitted: Provided on an exceptional basis a division may be claimed on the question and shall take place forthwith. The suspension from the service of the Dáil shall not exempt the member so suspended from serving on a Standing, Select or Special Committee of the Dáil to which he or she may have been appointed previous to his or her suspension. |
| 62 |
In the case of great disorder, the Ceann Comhairle may adjourn the Dáil without question put, or suspend any sitting for a time to be named by him or her. |
| 63 |
In making references to members of the Dáil, the following rules shall apply- (a) A member of the Government shall (as the case may require) be referred to as the Taoiseach, the Tánaiste, or the Minister for...; and a Minister of State shall be referred to as the Minister of State at.... (b) A private member of the Dáil shall be referred to as Deputy.... |
| 63A |
Any motion (hereafter described as "an Article 35.4.1 motion") put on the Order Paper for any day calling for the removal of a Judge for stated misbehaviour or incapacity within the meaning of Article 35.4.1 of the Constitution (or, as the case may be, pursuant to section 39 of the Courts of Justice Act 1924 or section 20 of the Courts of Justice (District Court) Act 1946), shall state the matters upon which it is contended by the proposer of the said motion that the Judge who is the subject matter of the motion should be removed for stated misbehaviour or that he or she is incapacitated. Where such an Article 35.4.1 motion is put on the Order Paper for any day, the Dáil may either reject the said motion, or on a motion made to adjourn the debate may by motion appoint a Select Committee to take evidence in respect of the aforesaid Article 35.4.1 motion, provided that the Select Committee shall make no findings of fact nor make any recommendations in respect of same or express any opinions in respect of same. Where the Dáil does not appoint a Select Committee in the manner provided for in paragraph (2) of this Standing Order within five sitting days of any Article 35.4.1 motion being placed on the Order Paper, the said Article 35.4.1 motion shall lapse. The motion appointing the Select Committee shall state the terms of reference of the Committee, define the powers devolved upon it and fix the number of members to serve on it. The Select Committee shall at all times have due regard to the constitutional principles of basic fairness of procedures and the requirements of natural and constitutional justice. The Select Committee shall take all steps to ensure that an appropriate record is taken of its proceedings. The proceedings of the Select Committee shall be heard in private save insofar as otherwise directed by the Committee following a request in that behalf by a Judge who is the subject of an Article 35.4.1 motion. Following the completion of its proceedings, the Select Committee shall furnish a report of those proceedings to the Dáil, together with appropriate transcripts and associated audio-visual material. Provided that the Committee shall first send its report to the Clerk of the Dáil, who shall arrange in the first instance for the report to be circulated to the members of the Dáil and to the Judge who is the subject matter of an Article 35.4.1 motion. Provided further that the Dáil may subsequently order that the report be published and laid before the Dáil. Following receipt of the said report, the Dáil may by order make provision for the debate on the said Article 35.4.1 motion which shall include: - due notice of the taking of the debate to be resumed on such part of the Article 35.4.1 motion calling for the removal of the Judge in question; - due observance by each Member of the constitutional principles of fair procedures; - the right of the Judge and his or her legal representatives to be heard prior to any vote on the said Article 35.4.1 motion; - such special rules of procedure as may be deemed appropriate. Standing Order 58 shall not apply in respect of an Article 35.4.1 motion and the subject matter of an Article 35.4.1 motion shall not be raised in the Dáil save as otherwise provided by this Standing Order. Save as otherwise provided for in this Standing Order, Standing Orders 80, 81, 82, 83, 84, 86, 88, 90, 91, 93, 102 and 169(1) shall not apply to a Select Committee appointed under this Standing Order. Provided, however, that if the Committee decides following a request in that behalf by the Judge, who is the subject matter of an Article 35.4.1 motion, to have its proceedings in public in accordance with paragraph (7) of this Standing Order, Standing Order 102 shall apply. A Select Committee appointed under this Standing Order shall, with the concurrence of Seanad Éireann, be joined by order of the Dáil with a similar Select Committee of that House appointed to perform its functions in respect of a corresponding Article 35.4.1 motion moved in that House in respect of the same Judge. Provided that the Chairman of the Select Committees so joined shall be a member of Dáil Éireann. |
| 64 |
After a question (except a question already barred from debate under the Standing Orders) has been proposed from the Chair either in the Dáil, in a Committee of the whole Dáil, or in a Standing, Select or Special Committee, a member may claim to move, "That the question be now put", and unless it shall appear to the Ceann Comhairle, the Leas-Cheann Comhairle or, in the case of a Standing, Select or Special Committee, the Chairman that such a motion is an infringement of the rights of a minority, or that the question has not been adequately discussed, or that the motion is otherwise an abuse of these Standing Orders, the question, "That the question be now put", shall be put forthwith, and decided without amendment or debate. When a motion "That the question be now put", has been carried, and the question consequent thereon has been decided, any further motion may be made (the assent of the Ceann Comhairle, the Leas-Cheann Comhairle or, in the case of a Standing, Select or Special Committee, the Chairman, as aforesaid, not having been withheld), which may be requisite to bring to a decision any question already proposed from the Chair, and such motion shall be put forthwith, and decided without amendment or debate. Provided always that no member may claim to move "That the question be now put" unless the Ceann Comhairle, the Leas-Cheann Comhairle or, in the case of a Standing, Select or Special Committee, the Chairman is in the Chair. |
| 65 |
A member of the Government or a Minister of State who is a member of the Seanad may attend and be heard in the Dáil. [See Artcle 28.8 of the Constitution]. |
| 66 |
When any question is to be put to the Dáil or to a Committee of the whole Dáil, the Ceann Comhairle shall rise and announce that "The question is that", thereupon reading or stating the question, requiring that as many as are of that opinion shall say "Tá", and as many as are of contrary opinion shall say "Níl". He or she shall judge from the answers to his or her questions, and declare the result, in his or her opinion, of the putting of the question. After the Ceann Comhairle shall have declared the result, in his or her opinion, of the putting of any question, any member who dissents may demand a division upon that question, whereupon a division shall, subject to Standing Orders 68 and 69, be taken. |
| 67 |
When a division is demanded the Ceann Comhairle shall cause the division bells to be rung once for a period of not less than four minutes, and the doors shall be locked so soon after the lapse of not less than four minutes as he or she shall direct: Provided that- (i) where the question on which the division has been demanded is put immediately after the result of an earlier division has been declared, the period for which the division bells are rung and the interval between the ringing of the bells and the locking of the doors shall be not less than three minutes and not less than two minutes respectively, and (ii) where the division has been demanded by a member who is not a member of a group as defined in Standing Order 114 (1), the interval between the ringing of the bells and the locking of the doors shall be not less than two minutes. |
| 68 |
When the doors have been locked, and the division lobbies have been cleared, the Ceann Comhairle shall order the Dáil or Committee of the whole Dáil to divide, and shall appoint two duly nominated tellers for each side: Provided that after the lapse of not less than four or two minutes, as the case may be, as provided in Standing Order 67, the Ceann Comhairle may again put the question and declare afresh the result, in his or her opinion, of the putting of the question, and a division shall take place only if such fresh declaration is challenged: Provided further that, where tellers are not nominated by one side, the Ceann Comhairle shall declare the determination of the Dáil or Committee in favour of the other side: Provided always that the Ceann Comhairle may, after the lapse of not less than the said four or two minutes, as the case may be, if in his or her opinion a division is unncessary, call upon the members who claim the division to rise in their places. If fewer than ten members so rise, he or she shall forthwith declare the determination of the Dáil or Committee, and the names of the members who so rise shall be recorded as dissenting in the Journal of the Proceedings of the Dáil. |
| 69 |
Unless the Dáil shall otherwise order, divisions in the Dáil may be conducted by electronic means save in the case of divisions on any of the following matters: (a) election of Ceann Comhairle, (b) nomination of the Taoiseach and members of the Government, (c) motion of confidence in the Government, Where the Ceann Comhairle informs the Dáil at any time that it is not possible to conduct divisions by electronic means or that the result may be unreliable or where, for any other reason, he or she considers that divisions should not be so conducted, the Ceann Comhairle may order the Dáil to divide or to divide again, as the case may be, on the question, whether by electronic means or otherwise, as he or she considers appropriate in the circumstances, or may postpone the taking of the division to such later time as he or she shall direct. On the announcement by the Ceann Comhairle of the result of a division which has been taken by electronic means, any member may demand- (a) that the division be taken again by electronic means, or (b) that the division be taken again otherwise than by electronic means, and the Ceann Comhairle shall, unless the member who so demands is a teller nominated for the purposes of that division, call upon the members who support the demand to rise in their places and (i) if fewer than twenty members so rise, the Ceann Comhairle shall forthwith declare the determination of the Dáil or Committee of the whole Dáil, and the names of the members who so rise shall be recorded as dissenting in the Journal of the Proceedings of the Dáil, (ii) if twenty or more members so rise or if the member who so demands is a teller nominated for the purposes of that division, the Ceann Comhairle shall order the Dáil to divide again on the question in the manner so demanded. In respect of divisions by electronic means, where the question on which a division has been demanded is put immediately after the result of an earlier division has been declared, the period for which the division bells are rung and the interval between the ringing of the bells and the locking of the doors shall be not less than two minutes and not less than one minute respectively. |
| 70 |
If, in the course of proceedings under Standing Orders 67, 68 and 69, in the case of any division, the Ceann Comhairle is satisfied that normal access by members to the Chamber has been impeded by the implementation of special security measures at Leinster House, he or she shall interrupt such proceedings and shall postpone the taking of such division to such later time or date as he or she shall direct. |
| 71 |
On the completion of the count, the tellers shall sign a division paper which shall be handed to the Ceann Comhairle who shall announce the numbers and declare the decision. The doors shall then be re-opened. |
| 72 |
If, in the course of proceedings under Standing Orders 67, 68, 69 and 71, the Cean Comhairle is satisfied that- (i) an irregularity has occurred which has not been resolved by the tellers, he or she may order that the division be taken afresh (unless he or she is satisfied that the irregularity does not materially affect the numbers recorded in the division whereupon he or she shall declare the determination of the Dáil or the Committee); or he or she may postpone the declaration or the taking of the division to such later time or date as he or she shall direct; (ii) the taking of the division has been obstructed and the tellers of one side refuse to comply with Standing Order 71 without good reason, he or she may declare the determination of the Dáil or the Committee in favour of the other side or postpone the declaration to such later time or date as he or she may direct. |
| 73 |
Questions in the Dáil or in a Committee of the whole Dáil, shall, save as otherwise provided by the Constitution, be determined by a majority of the votes of the members present and voting, other than the Ceann Comhairle, or presiding member, who shall have and exercise a casting vote in the case of an equality of votes [See Article 15.11 of the Constitution]. |
| 74 |
The Dáil shall go into Committee whenever it reaches business on the Order Paper which is to be considered in Committee. |
| 75 |
The quorum in Committee of the whole Dáil shall consist of the same number of members as shall be requisite to form a quorum of the Dáil. [See S.O. 19.] |
| 76 |
If during a sitting of a Committee of the whole Dáil, other than while a private member's Bill is under consideration, a member calls the attention of the Chair to the fact that a quorum is not present, or if on the report of a division such fact shall appear, the division bells shall be rung for a period of not less than three minutes, and if after an interval of not less than three minutes a quorum is still not present, the Dáil shall resume and a report shall be made that a quorum was not present. The Ceann Comhairle shall, at the expiration of not less than three minutes (the bells having been rung) count the Dáil, and if a quorum is still not present he or she shall suspend the sitting to a later hour to be named by him or her, or shall adjourn the Dáil without question put until the next sitting day; and no decision shall be considered to have been arrived at by such division; and the hour of such adjournment, as also the names of the members present, shall be entered in the Journal of the Proceedings of the Dáil; but if a quorum is present the Dáil shall again go into Committee. [See S.O. 20.] |
| 77 |
The rules as to procedure in the Dáil shall apply to procedure in Committee of the whole Dáil, and in Standing, Select or Special Committees, except that a member may speak more than once on the same question. The rules as to procedure in Select and Standing Committees shall apply, as appropriate, to procedure in Joint Committees. |
| 78 |
The first meeting of a Standing, Select or Special Committee shall be summoned by the Clerk to the Committee unless the Dáil has otherwise ordered. The Chairman of a Standing, Select or Special Committee may, with the agreement of not less than two-thirds of the members of the Committee- (a) summon a meeting of the Committee for a date earlier than that fixed on the adjournment, (b) postpone a meeting of the Committee to a date not later than three weeks from that fixed on the adjournment. |
| 79 |
A motion that a meeting of a Standing, Select or Special Committee be suspended until a later time on the same day may be made, by permission of the Chairman of the Committee, and without notice. Such motion shall fix the time of the resumption of the meeting. Any such motion which is deemed by the Chairman of the Committee to be dilatory or obstructive shall not be accepted. |
| 80 |
The Dáil may appoint a Select Committee to consider and, if so permitted, to take evidence upon any Bill, Estimate or matter, and to report its opinion for the information and assistance of the Dáil. Such motion shall specifically state the orders of reference of the Committee, define the powers devolved upon it, fix the number of members to serve on it, state the quorum, and may appoint a date upon which the Committee shall report back to the Dáil. It shall be an instruction to each Select Committee that- (a) it may only consider such matters, engage in such activities, exercise such powers and discharge such functions as are specifically authorised under its orders of reference and under Standing Orders; and (b) such matters, activities, powers and functions shall be relevant to, and shall arise only in the context of, the preparation of a report to the Dáil. It shall be an instruction to all Select Committees to which Bills are referred that they shall ensure that not more than two Select Committees shall meet to consider a Bill on any given day, unless the Dáil, after due notice given by the Chairman of the Select Committee, waives this instruction on motion made by the Taoiseach pursuant to Standing Order 26. The Chairmen of Select Committees shall have responsibility for compliance with this instruction. |
| 81 |
Without prejudice to the generality of Standing Order 80, the Dáil may confer any or all of the following powers on a Select Committee: (1) power to take oral and written evidence and to print and publish from time to time minutes of such evidence taken in public before the Select Committee together with such related documents as the Select Committee thinks fit; (2) power to invite and accept written submissions from interested persons or bodies; (3) power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil; (4) power to draft recommendations for legislative change and for new legislation and to consider and report to the Dáil on such proposals for EU legislation as may be referred to it from time to time by any Committee established by the Dáil (whether acting jointly with the Seanad or otherwise) to consider such proposals and upon which has been conferred the power to refer such proposals to another Select Committee; (5) power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss policy for which he or she is officially responsible: Provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such policy; (6) power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss proposed primary or secondary legislation (prior to such legislation being published) for which he or she is officially responsible: Provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such proposed legislation; (7) subject to any constraints otherwise prescribed by law, power to require that principal office holders in bodies in the State which are partly or wholly funded by the State or which are established or appointed by members of the Government or by the Oireachtas shall attend meetings of the Select Committee, as appropriate, to discuss issues for which they are officially responsible: Provided that such an office holder may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil; (8) power to engage, subject to the consent of the Minister for Finance, the services of persons with specialist or technical knowledge, to assist it or any of its sub-Committees in considering particular matters; and (9) power to undertake travel, subject to- (a) such rules as may be determined by the sub-Committee on Dáil Reform from time to time under Standing Order 97(3)(b); (b) such recommendations as may be made by the Working Group of Committee Chairmen under Standing Order 98(2)(a); and (c) the consent of the Minister for Finance, and normal accounting procedures. |
| 82 |
Each Select Committee shall have power to request of another Select Committee that a joint meeting of both Committees be held to consider a specific matter or matters of common activity and, in the case of any such joint meeting- (a) the Chairman of the requesting Committee shall act as Chairman and, in the unavoidable absence of the Chairman, the provisions of Standing Order 88(2) and (3) shall apply; (b) the quorum provisions of both Committees shall apply with the modification that each such quorum shall be halved and then rounded up to the next nearest whole number; and (c) the orders of reference of the two Committees shall apply only insofar as they are common to both. |
| 83 |
A Select Committee, empowered to send for persons, papers, and records, may report its opinions and observations, together with the minutes of evidence taken before it, to the Dáil, and also make a special report of any matters which it may think fit to bring to the notice of the Dáil. |
| 84 |
Subject to paragraph (2), every report which a Select Committee proposes to make shall, on adoption by the Select Committee, be laid before Dáil Éireann forthwith, together with any document relating thereto which the Select Committee proposes to publish, whereupon the Select Committee shall be empowered to print and publish such report and the said document or documents, as the case may be: Provided that a Select Committee may expressly delegate powers under this paragraph to any of its sub-Committees, in respect of reports generally or in respect of an individual report. Notwithstanding the generality of paragraph (1), the receipt by the Clerk of the Dáil of a Message, in accordance with Standing Order 85, shall be deemed to be the report of the Select Committee on the Bill or Estimate as the case may be. Subject to Standing Order 97, each Select Committee shall review its procedures, and its role generally, on an ongoing basis, and shall report at least once in each year to the Committee on Procedure and Privileges on these matters. As soon as may be following its appointment and thereafter at annual intervals, each Select Committee shall prepare a work programme and shall lay such programme before Dáil Éireann. Each Select Committee shall, from time to time as the Select Committee sees fit, lay minutes of its proceedings before Dáil Éireann. Where- (a) Dáil Éireann has appointed a date upon which a Select Committee shall report back to the Dáil and the interval between the appointment of such date and the date for reporting back exceeds one year, or (b) no date for reporting back has been appointed by Dáil Éireann, such Select Committee shall, on the anniversary of its appointment in each year following the year of such appointment, make an annual report to Dáil Éireann which shall detail- (i) the work carried out by the Select Committee, and (ii) the work in progress by the Select Committee, and may include, if the Select Committee deems appropriate, the report on its procedures and its role (in which case, a copy of the annual report shall be forwarded to the Committee on Procedure and Privileges), the work programme and minutes of proceedings referred to in paragraphs (3), (4) and (5) respectively of this Standing Order. |
| 85 |
Where a Select Committee shall have completed its consideration of a Bill or Estimate referred to it by the Dáil, the Committee shall send a Message to this effect to the Dáil. Such Messages shall be in writing, signed by the Clerk to the Committee, and shall be addressed to the Clerk of the Dáil. Messages from Select Committees shall be received by the Clerk of the Dáil. The Ceann Comhairle shall, at the first convenient opportunity, communicate any such Message to the Dáil [See also Standing Orders 84(2) and 126]. |
| 86 |
Where a Standing, Select, Special or Joint Committee, as the case may be, makes a report containing a request that the report be debated by the Dáil, a motion to take note of the report shall, as soon as practicable after the adoption of the report by the Committee, be placed on the Order Paper: Provided that any such motion which is not moved within three months from the date on which it was first placed on the Order Paper shall be deemed to have lapsed. |
| 87 |
The Order of the Dáil setting up a Special Committee to consider a Bill [S.O.s 112 and 120] shall if necessary fix a date upon which the Committee shall report back to the Dáil. |
| 88 |
Every Committee shall, previous to the commencement of its business, elect one of its members to be Chairman, who shall have only one vote. In the case of Joint Committees, the Chairman may be a member of either House. As soon as may be following the election of Chairman, every Committee may elect one of its members to be vice-Chairman. In the unavoidable absence of the Chairman, the vice-Chairman shall perform the duties devolved upon, and exercise the authority conferred upon the Chairman by Standing Orders. Where the Chairman of a Committee (and the vice-Chairman, if appointed) is unavoidably absent, the Committee shall at once proceed to elect one of its members present to perform the duties devolved upon, and exercise the authority conferred upon, the Chairman by Standing Orders for the duration of such absence. |
| 89 |
The Chairman of every Standing, Select or Special Committee shall have responsibility for ensuring compliance by his or her Committee with such rules as may be determined from time to time under Standing Order 97(3)(b). |
| 90 |
The member of the Government in charge of the Department the statute law in respect of which is dealt with in a Bill or in charge of an Estimate for Public Services which has been referred to a Select or Special Committee, shall be an ex offico member of that Committee (or sub-Committee as appropriate) for the purpose of consideration of the Bill or Estimate: Provided that such member of the Government may nominate another member of the Government or a Minister of State to act in his or her stead for that purpose. In the absence of a member nominated to serve on a Select or Special Committee, a substitute may be nominated to take part in the proceedings in accordance with the following provisions of this paragraph and shall be entitled to vote in the absent member's stead and to move motions and amendments in his or her own name: (a) where the absent member is a member of a Government party, that party may nominate a substitute from any Government party, (b) where the absent member is a member of an Opposition party or group (within the meaning of Standing Order 114), that party or group may nominate a substitute from any Opposition party or group, (c) where the absent member is not a member of a party or group (within the meaning of Standing Order 114), that member may nominate another member who is not a member of a party or group. For the purposes of these Standing Orders, a party shall mean any party which had not less than two members elected to the Dáil at the previous General Election or which, if it had less than two, attained that number as a result of a subsequent bye-election. A party shall cease to be a party within the meaning of these Standing Orders for any period in which its membership falls below two members. Members of Dáil Éireann, not being members of a Select Committee, may attend and take part in proceedings of any Select Committee or sub-Committee without having a right to vote or to move motions and amendments. |
| 91 |
Subject to paragraph (2) of this Standing Order, visitors and authorised representatives of the Press may be introduced by members of Dáil Éireann to meetings of Standing, Select or Special Committees. A Standing, Select or Special Committee may at any time, by order, meet in private and all visitors and authorised representatives of the Press shall be excluded for the duration of such order. |
| 92 |
Divisions in Standing, Select or Special Committee shall be taken by the Clerk attending the Committee calling the names of the members and, in the event of there being an equality of votes, the question shall be decided in the negative. When a division is demanded in a Select or Special Committee, the doors shall be locked and the division taken after the lapse of eight minutes or as soon as all members of the Committee (or duly nominated substitutes, as the case may be) are present, whichever is the earlier: Provided that, where a division has been demanded in Select or Special Committee and a division is subsequently demanded in the Dáil before the Clerk attending the Committee has commenced taking the division by calling the names of the members of the Committee, such division in Select or Special Committee shall be postponed until after the conclusion of the division in the Dáil and the conclusion of any other divisions in the Dáil demanded immediately thereafter, unless the Committee shall decide otherwise at the commencement of the meeting. |
| 93 |
If, within the lapse of a quarter of an hour after the time appointed for the meeting of a Standing, Select or Special Committee, a quorum is not present, the Committee shall stand adjourned and the Clerk attending the Committee, after entering the names of the members who attended in the minutes of proceedings of the Committee or recording the names in such manner as the Clerk to the Committee concerned may direct, shall convene a meeting for a subsequent day or for a later time on the same day. If at any stage during a meeting of a Standing, Select or Special Committee, any member calls the attention of the Chairman to the fact that a quorum is not present, or if on the report of a division, such fact shall appear, and if after a lapse of time of not less than eight minutes, a quorum is still not present, the Chairman shall suspend the meeting to a later hour to be named by him or her, or shall adjourn the meeting without question put to a subsequent day; and no decision shall be considered to have been arrived at by such division; and the hour of such adjournment, as also the names of the members present, shall be entered in the minutes of proceedings of the Committee or recorded in such manner as the Clerk to the Committee concerned may direct. |
| 94 |
The Chairman of a Standing, Select or Special Committee shall order- (a) a member of the Committee, (b) a member of Dáil Éireann attending pursuant to Standing Order 90, or (c) a person whose attendance is otherwise authorised by these Standing Orders or by the Committee's orders of reference. whose conduct is grossly disorderly to withdraw immediately from the meeting of the Committee for the remainder of that meeting. The member or other person ordered to withdraw in pursuance of this Standing Order shall forthwith withdraw from the meeting. If, on any occasion, the Chairman of a Standing, Select or Special Committee deems that the powers conferred under paragraph (1) of this Standing Order are inadequate to deal with the offence, he or she may propose that a report of the Committee be made to the Dáil in relation to the matter. |
| 95 |
In the case of great disorder, the Chairman of a Standing, Select or Special Committee may adjourn the meeting without question put or may suspend the meeting for a time to be named by him or her. |
| 96 |
No document received by the Clerk to a Standing or Select Committee or a sub-Committee thereof shall be withheld, withdrawn or altered without the knowledge and approval of the Committee or sub-Committee, as may be appropriate. For the purposes of this Standing Order, the receipt of such documents may, with the consent of the Committee or sub-Committee concerned, be brought to the attention of members by the circulation, from time to time as the Committee or sub-Committee may decide, of a list of such documents. |
| 97 |
There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a Standing Committee, to be known as the Committee on Procedure and Privileges, to- (a) consider matters of procedure generally and to recommend any additions or amendments to Standing Orders that may be deemed necessary, (b) without prejudice to the generality of paragraph (a), oversee the procedure in Standing, Select and Special Committees (as the case may be), whether by request from the relevant Committee or otherwise, and to examine, where appropriate, the role of Committees as they evolve, (c) consider and report, as and when requested to do so, as to the privileges attaching to members, (d) consider, if it deems it advisable, any matter relating to the conditions or premises in which members carry out their duties and which are not specifically referred to any other Committee, (e) consider the annual draft Estimate for the Houses of the Oireachtas and the European Parliament and to make such recommendations thereon to the Minister for Finance as the Committee thinks fit, and (f) make recommendations, whether by request or otherwise, to the Joint Committee on Broadcasting and Parliamentary Information on the rules of coverage for the televising of proceedings of Dáil Éireann and its Committees [See Standing Order 101(1)(b)]. The Committee shall have the following powers: (a) power to appoint sub-Committees as defined in Standing Order 81(3); (b) power to engage consultants as defined in Standing Order 81(8); (c) power to travel as defined in Standing Order 81(9) (other than subparagraph (b) thereof); (d) power to print and publish reports and to authorise sub-Committees to report directly to the Dáil as defined in Standing Order 84(1); and (e) power to act on behalf of Dáil Éireann and members of Dáil Éireann in relation to any legal proceedings or other public hearing or inquiry. There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a sub-Committee, which shall be called the sub-Committee on Dáil Reform, and shall consist of the Party Whips who are members of the Committee (or if they number less than five, the Party Whips and such other members of the Committee as the Committee may decide, up to a maximum of five members) and three shall constitute a quorum. The sub-Committee shall- (a) perform the functions set out at paragraphs (1)(a), (1)(b), (1)(c) and (1)(f) of this Standing Order, and (b) determine from time to time rules governing proposed expenditure by Standing, Select or Special Committees and review and modify such rules, where necessary, and may report directly to the Dáil. (a) There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a sub-Committee, which shall be called the sub-Committee on Members' Services, to perform the functions set out at paragraphs (1)(d) and (1)(e) of this Standing Order and which may report directly to the Dáil. (b) the sub-Committee shall consist of eight members, at least one of whom shall be a member of the Committee, and the quorum of the sub-Committee shall be three. The Chairman of the sub-Committee shall be a member of the Committee. (c) A member of the sub-Committee who is unable to attend a particular meeting of the sub-Committee may nominate another member to take part in the proceedings and vote in his or her stead. The Committee shall consist of the Ceann Comhairle, who ex officio shall be Chairman and who shall have only one vote, and seventeen other members; and eight shall constitute a quorum. In the unavoidable absence of the Ceann Comhairle, the Leas-Cheann Comhairle may act as Chairman in his or her stead. The Committee shall be constituted so as to be impartially representative of the Dáil. |
| 98 |
There shall stand established a Working Group of Committee Chairmen consisting of the Chairman of each Standing, Select, Special and Joint Committee, other than the Committee on Procedure and Privileges, to perform the functions set out in this Standing Order. The Working Group may consider matters affecting services to Committees generally, may liaise and consult on matters of common interest to Committee Chairmen, and shall make recommendations in relation to- (a) apportionment of monies available to Committees for consultancy and travel, subject to such rules as may be determined from time to time under Standing Order 97(3)(b); (b) allocation of accommodation available for Committee meetings; and (c) any other matter which may be referred to the Working Group from time to time. Provided that no such recommendation shall be made in relation to the exercise by the Committee on Procedure and Privileges of its powers under Standing Order 97. The Working Group may, subject to the provisions of the Staff of the Houses of the Oireachtas Act 1959, also make recommendations on any matter relevant to the provision of services to Committees falling within its remit. |
| 99 |
There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a Select Committee, which shall be called the Committee on Members' Interests of Dáil Éireann, to perform the functions conferred on it by the Ethics in Public Office Acts 1995 and 2001. The Committee shall consist of five members of whom three shall constitute a quorum. Every report which the Committee proposes to make shall, on adoption by the Committee, be laid before Dáil Éireann forthwith. The Committee shall have the following powers: (a) power to engage consultants as defined in Standing Order 81(8); and (b) power to travel as defined in Standing Order 81(9). Notwithstanding anything to the contrary in paragraph (1), these Standing Orders shall otherwise apply to the Committee in all respects as though it were a Standing Committee. |
| 100 |
There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a Standing Committee which shall be joined with a similar Committee of the Seanad to constitute the Joint House Services Committee, to- (a) direct and control the Oireachtas bars, shop and restaurant; (b) assist and advise the Ceann Comhairle and the Cathaoirleach in the direction and control of the Oireachtas Library; (c) regulate and supervise the operation of the research service for members and to recommend to the Ceann Comhairle and the Cathaoirleach any improvements in the operation of the service which may appear to it to be desirable from time to time; and (d) consider and, if necessary, report on such other matters as may be referred to the Committee by either House or by the Committee on Procedure and Privileges of either House. The Standing Committee shall consist of nine members. The quorum of the Joint Committee shall be five, of whom at least one shall be a member of Dáil Éireann and one a member of Seanad Éireann. The Joint Committee shall have the following powers: (a) power to appoint sub-Committees as defined in Standing Order 81(3); (b) power to engage consultants as defined in Standing Order 81(8); and (c) power to travel as defined in Standing Order 81(9). Every report which the Joint Committee proposes to make shall, on adoption by the Joint Committee, be laid before both Houses forthwith. |
| 101 |
There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a Select Committee, which shall be joined with a similar Select Committee of the Seanad to constitute the Joint Committee on Broadcasting and Parliamentary Information, to- (a) discharge the necessary monitoring, administrative and financial arrangements for in-House televising and for sound and televised broadcasting of Dáil Éireann and its Committees; (b) review and modify, whether subject to any recommendations made by the sub-Committee on Dáil Reform under Standing Order 97(1)(f) or otherwise, the rules of coverage for the televising of proceedings of Dáil Éireann and its Committees; (c) determine rules of access in respect of the archive of proceedings of Dáil Éireann and its Committees; and (d) determine from time to time the fees to be payable in respect of broadcasting of proceedings of Dáil Éireann and its Committees. The Joint Committee shall be responsible for:- (a) developing facilities to enable the general public to access live coverage of parliamentary proceedings; and (b) the development of radio facilities. The Joint Committee shall monitor the operation, by the Public Relations Officer, of the Information and Public Relations service for the Houses of the Oireachtas and their members collectively and shall recommend to the Ceann Comhairle, and, in relation to functions relating directly to the business of Seanad Éireann, the Cathaoirleach any improvements in the operation of the service which may appear to it to be desirable from time to time. The Committee shall consist of five members of Dáil Éireann. The quorum of the Joint Committee shall be three, at least one of whom shall be a member of Dáil Éireann and one a member of Seanad Éireann. The Joint Committee shall have the following powers: (a) power to appoint sub-Committees as defined in Standing Order 81(3); (b) power to engage consultants as defined in Standing Order 81(8); and (c) power to travel as defined in Standing Order 81(9). The Joint Committee shall have power to nominate persons to assist it in its deliberations; and such persons shall attend such meetings as the Joint Committee may determine. Every report which the Joint Committee proposes to make shall, on adoption by the Joint Committee, be laid before both Houses forthwith. |
| 102 |
Visitors may be introduced by members to such places as may be reserved for them by the Ceann Comhairle, and authorised representatives of the Press may be present at sittings of the Dáil, or of a Committee of the whole Dáil. |
| 103 |
In case of special emergency, a member of the Government may move, without notice, that all visitors and Press representatives be excluded from the Chamber, and this shall be done by direction of the Ceann Comhairle, with the assent of two-thirds of the members present. [See Article 15.8.2 of the Constitution.] |
| 104 |
All proceedings of the Dáil, or of the Committee of the whole Dáil, shall be noted by the Clerk, and the minutes of proceedings after being perused and signed by the Ceann Comhairle shall constitute the Journal of the Proceedings of the Dáil which shall then be printed. |
| 105 |
The Clerk shall have custody of all Journals of Proceedings, records, or other documents belonging to the Dáil, and he or she shall neither take nor permit to be taken any such Journals of Proceedings, records or documents from the Chamber or offices, without the express leave or order of the Dáil: Provided, however, that in the event of the Dáil being adjourned for any period longer than a week, such leave may be given by the Ceann Comhairle who shall report the same to the Dáil upon its reassembling. |
| 106 |
The Clerk shall have the direction and control over all the officers and joint staff, subject to such orders as he or she may, from time to time, receive from the Ceann Comhairle, or the Dáil. |
| 107 |
All the duties devolved upon, and all the powers conferred upon, the Clerk by these Standing Orders or by law, shall in his or her absence and to the extent permitted by law, be performed or exercised by the Clerk-Assistant. |
| 108 |
If both the Clerk and the Clerk-Assistant be absent, the Ceann Comhairle may appoint, for the time being, a member of the joint staff of the Houses of the Oireachtas to perform the duties devolved upon, and exercise the powers conferred upon the Clerk by these Standing Orders. |
| 109 |
An Official Report of the Debates of the Dáil for each sitting shall be issued under the supervision of the Ceann Comhairle. Where a member so requests, the Ceann Comhairle shall direct that a concise tabular statement containing statistical information which is directly relevant to the member's speech be furnished in the Official Report of the Debates: Provided that- (a) each such statement reaches the Editor of Debates prior to the making of the speech to which it relates and is referred to in the course of such speech, and (b) such statement or statements do not exceed one-third of the member's speech in length. A copy of the Official Report of the Debates, as well as of every other publication of the Dáil, shall be made available for every member. A revised edition of the Official Report of the Debates shall be prepared in bound volumes, at such periods as the Ceann Comhairle shall determine. The Ceann Comhairle shall have the exclusive right to authorise, where necessary, the reproduction, in any form, of the Official Report of the Debates: Provided that the Ceann Comhairle may, where appropriate, direct and authorise the Clerk of the Dáil to enter into and make the necessary arrangements with third parties for their reproduction. |
| 110 |
That the broadcasting on sound and vision of the proceedings of the Dáil and its Committees by national, local and foreign broadcasters shall be authorised subject to the following conditions: (a) that recordings or extracts of the proceedings shall not be used in programmes of light entertainment, political satire, party political broadcasts or in any form of advertising or publicity, other than in the form of news and current affairs programme trailers; (b) that broadcasters shall ensure political balance in the material they use; (c) that, subject to the approval of the Joint Committee on Broadcasting and Parliamentary Information or a sub-Committee thereof, broadcasters may be permitted to carry live coverage of any item of business subject to the following provisos: (i) that such item shall not be interrupted by commentary, analysis or commercial breaks, and (ii) that such item may not be re-broadcast in whole or in part except as permitted in and subject to the terms of this Standing Order; and (d) that copyright of all audio and televised material shall be vested in the Ceann Comhairle on behalf of Dáil Éireann and its Committees. |
| 111 |
The Order Paper shall be confined to Questions, Private business and Government business on Thursdays. On Tuesdays and Wednesdays, Government business or Private business, as the case may be, shall be interrupted between 7 p.m. and 8.30 p.m. to take private members' business: Provided that, where leave has been given to make a motion under Standing Order 31, such motion shall have priority: Provided further that a member of the Government may move, without notice, at the commencement of public business on any Tuesday or Wednesday that, on that day or during the period specified in the motion, specified Government business, or Private business, as the case may be, shall not be interrupted if under consideration at the time fixed for taking private members' business. Such motion shall be decided without amendment. |
| 112 |
Should a private member's Bill pass its second reading, it shall be referred to a Select or Special Committee. [See S.O. 120.] |
| 113 |
Should the debate on any motion or Bill moved by a private member be adjourned, the adjourned proceedings on such motion or Bill shall, unless the Dáil shall otherwise order, be given priority over new business introduced by a private member, and over private members' business postponed under the provisions of Standing Order 166, on the next ensuing occasion set apart for the consideration of private members' business. |
| 114 |
Subject to paragraph (2), for the purpose of this Standing Order a group shall mean- (a) any Party which had not less than seven members elected to the Dáil at the previous General Election or which, if it had less than seven, attained the number of seven members as a result of a subsequent bye-election, or (b) a majority of the members of the Dáil who are not members of a group as defined in paragraph (1)(a), being not less than seven in number, who request formal recognition as a group in writing to the Ceann Comhairle: Provided that such request shall be signed by all such members. The Ceann Comhairle shall grant formal recognition as a group to such members as soon as possible thereafter. A group shall cease to be a group within the meaning of paragraph (1) for any period in which its membership falls below seven members, (or below a majority, in the case of a group within the meaning of paragraph (1)(b)), save where such membership falls by reason of a vacancy in the membership of the Dáil, the provisions of this paragraph shall not take effect until such time as the said vacancy has been filled. Without prejudice to the generality of paragraph (2)- (a) if at any time, it appears to the Ceann Comhairle that, in the case of a group within the meaning of paragraph (1)(b), the membership of the group has fallen below seven members or a majority specified therein, he or she shall write to each member of the group seeking confirmation of their continued membership of the group. Unless at least seven members forming the said majority confirm their membership in writing within two weeks of the date of issue of the Ceann Comhairle's letter, the group shall cease to be a group within the meaning of paragraph (1)(b); or (b) where the Ceann Comhairle is notified in writing by a member of a group within the meaning of paragraph (1)(b) that such member no longer wishes to be considered a member of such group, and the membership of the group falls below seven members or a majority specified therein as a consequence, the group shall cease to be a group within the meaning of paragraph (1)(b). Provided that nothing in this paragraph shall prejudice the right of members to seek formal recognition as a group under paragraph (1)(b). Each group shall have the right to nominate a private member of the group to present a Bill provided that there is not before the Dáil another Bill presented by a member nominated by the group. Each group shall have the right in rotation to nominate a private member of the group either to move a motion standing in his or her name or to proceed with a Stage of a Bill in the Dáil. The order in which the right may be exercised by the various groups shall be determined on the basis of the numbers of members in the groups, a larger group having precedence over a smaller one. In the case of an equality of numbers precedence shall be determined by lot. Provided that a party which is a group under paragraph (1)(a) shall have precedence over a group recognised under paragraph (1)(b). |
| 115 |
The time allowed for the debate on a motion proposed by a private member, other than a motion relating to any stage of a Bill, shall not exceed a period of three hours in the aggregate. At the expiration of the said period, if the proceedings have not previously been concluded, the Ceann Comhairle shall put forthwith the question or questions necessary to bring to a conclusion the proceedings on the motion and on any amendment thereto. The time allowed for the debate on the motion for the Second Stage of a Bill initiated by a private member shall not exceed a period of six hours in the aggregate. At the expiration of the said period, if the proceedings have not been concluded, the Ceann Comhirle shall put forthwith the question or questions necessary to bring to a conclusion the proceedings on the motion and any amendment thereto. Where a division is in progress at the time fixed for taking private members' business under Standing Order 111, any time which elapses in order to take such division shall be deducted from the time limits set out in paragraphs (1) and (2) of this Standing Order. The speech of a member proposing a motion to which any time limit applies shall not exceed forty minutes and the member proposing, or such other member who has not already spoken as he or she may authorise in that behalf, shall be entitled to not less than fifteen minutes for a speech in reply; the speech of any other member in the course of the debate shall not exceed thirty minutes. |
| 116 |
Any matter for decision by the Dáil shall be brought before it by motion for a simple Resolution or Order, or by the initiation of a Bill. The matters that may be dealt with by Resolution shall include Standing Orders, adjournments of the Dáil, appointment or removal of the Ceann Comhairle or the Leas-Cheann Comhairle, expressions of condolence, censure, thanks, and opinion, and any other matter which, by law, the Dáil may decide by simple Resolution. A vote of condolence may be moved, without notice, by the Taoiseach, or a member of the Government acting for him or her. The matters that may be dealt with by Order shall include the suspension of members, appointment of Committees, appointment of members to, and removal of members from, Committees, the printing of Bills and documents, and questions of procedure generally. The matters which shall be dealt with by Bills shall include all proposals for legislation. |
| 117 |
At a sitting of the Dáil following the death of a former member of the Dáil, a member of the Dáil, a Head of State, Prime Minister or other person of similar status, expressions of sympathy may be heard in accordance with the arrangements agreed to on the announcement of business by the Taoiseach pursuant to Standing Order 26. |
| 118 |
The text of every Bill presented or to be introduced shall be examined by the Ceann Comhairle for compliance with Standing Orders and the title of the Bill and a short description of its purpose, prepared by the proposer and accepted by the Ceann Comhairle, shall appear on the Order Paper. Any member may move for leave to introduce a Bill. If such motion be opposed the Ceann Comhairle shall permit an explanatory statement not exceeding five minutes in length from the member who moves and from a member who opposes the motion before he or she puts the question thereon. If leave to introduce the Bill is given, an Order shall be made for its second reading and the Bill shall be printed. A member of the Government, Minister of State or a private member nominated for the purpose under Standing Order 114 (4) may present a Bill without previously obtaining leave of the House and any Bill so presented shall be printed and an Order for its second reading shall be made. If a motion of a private member for leave to introduce a Bill be opposed the debate thereon shall be adjourned to the next day on which private members' business is to be taken. |
| 119 |
The debate on the motion, that the Bill be now read a second time, shall be confined to the general principle of the Bill. Amendments may be made to this motion- (i) by omitting the word "now" and adding at the end of the motion the words "this day three months", or "this day six months", or some other date; (ii) by deleting all or some of the words after "That" and substituting words which state some special reason against the second reading of the Bill. (i) The question on an amendment to a motion for the second reading of a Bill initiated by a member of the Government or Minister of State shall be "That the words proposed to be deleted stand part of the main Question" and if that question is carried the Bill shall forthwith be declared to be read a second time; (ii) the question on an amendment to a motion for the second reading of other Bills shall be "That the amendment be made". Unless the Dáil shall otherwise order, the speech of the member of the Government or Minister of State proposing the motion for the second reading of the Bill, and the main spokesperson nominated by each of the groups, as defined in Standing Order 114, shall not exceed thirty minutes in each case and the member of the Government or Minister of State proposing, or such other member as he or she may authorise in that behalf, shall be entitled to not less than fifteen minutes for a speech in reply; and the speech of any other member in the course of the debate shall not exceed twenty minutes. Provided that for the purposes of this Standing Order a party which is a group under Standing Order 114(1)(a) shall have precedence over a group recognised under paragraph (1)(b) of that Standing Order. |
| 120 |
When a Bill, other than a private member's Bill, has been read a second time, it may either be ordered to be considered in Committee of the whole Dáil on a day then named, or be referred to some other Committee. Should a Bill be ordered to be referred to a Special Committee, such order shall fix the date for the commencement of the Committee Stage, the number of members to serve on the Committee, the quorum of it, and Standing Orders 87 and 88 shall otherwise apply. [See S.O. 112.] Provided that the Dáil may, on motion made by the member in charge of the Bill, commit the Bill to a Select or Special Committee in respect of some of its provisions, and to a Committee of the whole Dáil in respect of other provisions, and that if such a motion is opposed, the Ceann Comhairle shall permit an explanatory statement from the member who moves, and from a member who opposes the motion before he or she puts the question thereon. |
| 121 |
When a Bill is to be considered in Committee or on Report, proposed amendments shall be in writing signed by a member and shall reach the Clerk not later than 11 a.m. on the day preceding that on which the Bill or, if appropriate, the part thereof to which they are addressed, is to be considered and shall be arranged in proper order: Provided, nevertheless, that, at the discretion of the Ceann Comhairle or the Chairman, as the case may be, amendments may be moved on shorter notice and exceptionally, with the prior permission of the Chair, without notice. |
| 122 |
In Committee, a Bill must be considered section by section. It shall be in order, however, before consideration of a section or sections is entered upon, to move the postponement of the section or sections until another section, other sections or schedules have been disposed of. Any section of a Bill may be amended in Committee, and new sections may be inserted. |
| 123 |
In Committee, when an amendment is offered proposing to insert a new section in a Bill, such amendment may be moved when the number of the section, before which it is proposed to insert the new section, is read from the Chair, and the question on such amendment shall be first decided. When the amendments (if any) offered to a section have been disposed of, the question shall be proposed, "That such section (or such section as amended) stand part of the Bill". The consideration of the preamble and title of a Bill in Committee shall be deferred until the sections and schedules (if any) have been considered. |
| 124 |
In considering a Bill, a Standing, Select or Special Committee may at any time adjourn, and a Committee of the whole Dáil may at any time report progress, provided that the necessary motion to this effect has been carried. Any such motion which is deemed by the Chair to be dilatory or obstructive shall not be accepted. |
| 125 |
It shall be an instruction to all Committees to which Bills may be committed that they have power to make such amendments therein as they shall think fit, provided that such amendments be relevant to the provisions of the Bill and are not in conflict with the principle of the Bill as read a second time. The Dáil may, on motion made by the member in charge of a Bill, give an instruction to a Committee to which a Bill has been committed empowering it to make amendments, the nature of which shall be specified, provided that the amendments be relevant to the general subject matter and not in conflict with the principle of the Bill. If any amendment made to a Bill be not within the title of the Bill the Committee shall amend the title accordingly and report the same specially to the Dáil. |
| 126 |
When the preamble (if any), and the title of a Bill shall have been considered in Committee of the whole Dáil or in Select or Special Committee- (a) the Bill, if amended, shall be printed; and (b) an order shall be made by the Dáil for its consideration on Report. [See also Standing Orders 84(2) and 85.] |
| 127 |
If no amendments have been offered to a Bill on Report an Order appointing a day for its Fifth Stage shall be made. If amendments have been offered to a Bill on Report the Dáil shall proceed to consider them. Members may speak twice on an amendment offered to a Bill on Report but the second contribution shall not exceed two minutes, save that the member who moved the amendment shall also have a right of reply. |
| 128 |
A motion may be made to recommit a Bill either wholly or in respect of certain sections or amendments. The motion may be made in respect of the whole Bill at the commencement of its consideration on Report and in respect of certain sections or amendments before consideration of the section or amendment as the case may be has been completed on Report. If a motion to recommit a Bill be opposed the Ceann Comhairle shall permit an explanatory statement of the reasons for such recommittal from the member who moves and a statement from a member who opposes the motion before he or she puts the question thereon. |
| 129 |
Amendments may be moved on the Fourth Stage, but no amendments previously rejected in Committee of the whole Dáil shall be in order. |
| 130 |
On the Fourth Stage, no new section or other amendment may be proposed which creates a charge on the public revenue or upon the people but the Bill may be recommitted in respect of any such section or amendment. |
| 131 |
When any amendments have been disposed of an Order appointing a day for its Fifth Stage shall be made. |
| 132 |
When a Bill shall come forward for final consideration, it shall be moved, "That the Bill do now pass". No amendment, not being merely verbal, shall be made to any Bill on this Stage. |
| 133 |
The making of an Order fixing the date for the next Stage of a Bill shall be decided without amendment: Provided that, in a case where the Order is not made, the Bill shall remain on the Order Paper. |
| 134 |
During the progress of a Bill, corrections of a verbal or formal nature may at any time be made in a Bill by the Clerk, under the direction of the Ceann Comhairle. Versional, and all other corrections, shall be made by way of motion, and dealt with as any other amendment. |
| 135 |
Any Bill, which lapses by reason of the dissolution of the Dáil, before it has reached its final stage, may be proceeded with on the reassembly of the Dáil at the stage it had reached prior to the dissolution, upon a Resolution restoring it to the Order Paper. Unless the Resolution restoring the Bill to the Order Paper directs otherwise, the Bill shall be proceeded with at the commencement of the particular stage which it had reached prior to the dissolution of the Dáil. |
| 136 |
A public Bill (not being a Bill to confirm a Provisional Order) affecting private interests in such a way that, if it were a private Bill, it would, under the Standing Orders relative to Private Business, require preliminary notices before its introduction, is known as a hybrid Bill and shall be subject to the provisions of Standing Order 60 of the Standing Orders relative to Private Business. |
| 137 |
A Bill the purpose of which as expressed in the long Title is to consolidate existing Statute Law on a particular subject matter, and is so certified by the Attorney General in a certificate which shall accompany the Bill on introduction, shall be known as a Consolidation Bill. The Certificate provided for in the preceding paragraph of this Standing Order shall be printed on the Order Paper on which notice is given of intention to introduce such Bill. Every Consolidation Bill shall have prefixed to it a memorandum prepared by the Attorney General in which shall be specified the enactments repealed by the Bill, the sections of the Bill in which the repealed enactments are reproduced, together with the remarks of the Attorney General on any textual amendments made. If leave to introduce a Consolidation Bill be given, an Order for its Second Stage shall be made for a date not earlier than twenty-eight days after its introduction and the Bill and the Memorandum shall be printed. |
| 138 |
On the Second Stage of a Consolidation Bill the only amendment which may be moved to the motion, "That the Bill be now read a second time", is one proposing the omission of all words after the word "That" in order to substitute words stating a reason or reasons in challenge of the Certificate of the Attorney General. If on the amendment to the question, "That the Bill be now read a second time", it is decided that the words proposed to be omitted stand part of the question the Bill shall forthwith be declared to be read a second time. |
| 139 |
Every Consolidation Bill after having passed its Second Stage shall, with the concurrence of both Houses, be referred to a Standing Joint Committee consisting of Committees of each House joined together for the purpose of consideration of such Bills [S.O. 142]. In the absence of such concurrence the Bill may be referred to a Standing Committee of the Dáil. |
| 140 |
On motion made in the Dáil, in the case of a Consolidation Bill originating in the Seanad, to concur with the Seanad as to the expediency of referring the Bill to the Standing Joint Committee, the only amendment which may be moved is one stating a reason or reasons in challenge of the Certificate of the Attorney General. |
| 141 |
When a Consolidation Bill has been read a second time in the originating House and a Resolution of concurrence in the reference of the Bill to the Standing Joint Committee has been passed by the other House, orders for the committal of the Bill to the Standing Joint Committee shall be made by both Houses for a date not earlier than fourteen days after the passage of the resolution of concurrence. |
| 142 |
There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a Standing Committee which shall be joined with a similar Committee of the Seanad to constitute the Standing Joint Committee on Consolidation Bills. The Standing Committee shall, subject to the provisions of paragraph (3), consist of three members, two of whom shall constitute a quorum. The quorum of the Standing Joint Committee shall be four, of whom at least one shall be a member of Dáil Éireann and one a member of Seanad Éireann. The member of the Government in charge of the Department the statute law of which is dealt with in a Bill which has been referred to the Standing Joint Committee shall be an ex officio member of the Standing Joint Committee for the purpose of consideration of the Bill: Provided that such member of the Government may nominate another member of the Government or a Minister of State to act in his or her stead for that purpose. Such number of members, not exceeding three, may be added to the Standing Committee on a Consolidation Bill for the purpose of considering any particular Bill committed to the Standing Joint Committee. The Standing Joint Committee shall have the following powers: (a) power to send for persons, papers and records as defined in Standing Order 83; (b) power to take oral and written evidence as defined in Standing Order 81(1); and (c) power to print and publish reports as defined in Standing Order 84(1). The Standing Joint Committee shall, from time to time as the Standing Joint Committee sees fit, lay minutes of its proceedings before each House. |
| 143 |
In the Standing Joint Committee on a Consolidation Bill the only permissible amendments shall be amendments designed to be for the removal of ambiguities and inconsistencies, the substitution of modern for obsolete or inconvenient machinery or the achievement of uniformity of expression or adaptation to existing law and practice. Amendments of the nature of substantive amendment of the statute law shall not be in order. |
| 144 |
When the preamble (if any), and the title of a Consolidation Bill shall have been considered in the Standing Joint Committee- (a) the Standing Joint Committee shall send a Message to each House in the manner provided for in Standing Order 85. Notwithstanding the generality of Standing Order 142(4), the receipt by the Clerk of the Dáil of such a Message shall be deemed to the report of the Standing Joint Committee on the Bill; (b) the Bill, if amended, shall be printed; and (c) the Bill shall be set down for Report Stage in the originating House on a date not earlier than twenty-eight days thereafter. |
| 145 |
On the Report Stage, amendments shall be restricted similarly as in the Standing Joint Committee [S.O. 143] and the Fifth Stage shall be fixed for a date not earlier than fourteen days thereafter. |
| 146 |
In the case of a Consolidation Bill originating in the Seanad, the Bill shall on its receipt in the Dáil after being passed by the Seanad be set down for Report Stage, the First, Second and Third Stages being waived. |
| 147 |
Unless the Dáil shall otherwise order, every motion to increase, reduce or otherwise vary, a charge upon the people and every Estimate for the Public Service shall be considered in committee. |
| 148 |
A Bill which involves the imposition of a charge upon the people, other than an incidental charge, shall not be initiated by any member, save a member of the Government. The Committee Stage of a Bill which involves a charge upon the people, including an incidental charge, shall not be taken unless a motion approving of the charge has been passed by the Dáil. No such motion as aforesaid nor any amendment thereto proposing to increase the amount stated in any such motion may be made by any member, save a member of the Government. An amendment to a Bill which could have the effect of imposing or increasing a charge upon the people may not be moved by any member, save a member of the Government or Minister of State. |
| 149 |
A Bill which involves the appropriation of revenue or other public moneys, other than incidental expenses, shall not be initiated by any member, save a member of the Government. The Committee Stage of a Bill which involves the appropriation of revenue or other public moneys, including incidental expenses, shall not be taken unless the purpose of the appropriation has been recommended to the Dáil by a Message from the Government. The text of any Message shall be printed on the Order Paper [See Article 17.2 of the Constitution]. An amendment to a Bill which could have the effect of imposing or increasing a charge upon the revenue may not be moved by any member, save a member of the Government or Minister of State. |
| 150 |
Every grant of money proposed for the public service shall be considered by the Dáil on a motion, which shall be decided without amendment, stating the amount to be granted and the particular service for which the sum is demanded. No such motion as aforesaid may be made by any member, save a member of the Government. |
| 151 |
On the completion by the Dáil of the consideration of any Resolution, or series of Resolutions, voting money for public services, or imposing taxation, a Bill shall be prepared and initiated by the member of the Government in charge of the Department of Finance, or another member of the Government acting on his or her behalf. |
| 152 |
The ordinary yearly Estimates for the Public Services shall be presented to the Dáil and circulated to members in accordance with the time periods set out in paragraph (2) of this Standing Order: Provided that supplementary or additional Estimates, not included in the ordinary yearly Estimates, may be brought forward on leave given by the Dáil after motion made. The time periods referred to in paragraph (1) shall, unless the Dáil shall otherwise order, be not less than seven days prior to the consideration of the ordinary yearly resolutions imposing taxation and not later than the thirtieth day of the financial year. An Estimate or Estimates may, subject to the provisions of paragraph (1), be referred to a Select Committee for consideration: Provided that, where the Dáil enters into consideration of any motion under Standing Order 150 in respect of such Estimate or Estimates, the Order of referral of that Estimate to that Select Committee shall stand rescinded. |
| 153 |
The Ceann Comhairle shall, where a division has been demanded on an Estimate in the House or on any motion taken in conjunction with such Estimate, postpone the taking of every such division until 8.30 p.m. on that day if the House sits until that hour and, if not, to 8.30 p.m. on the next day on which the House shall sit until that hour. At 8.30 p.m. any business then under consideration shall be interrupted to take every such division. Where more than one division is to be taken at 8.30 p.m. the divisions shall be taken in the chronological order in which they were demanded. If at the time appointed for the interruption of business, proceedings under this Order are in progress, the Ceann Comhairle shall not effect such interruption until the proceedings in connection with all divisions and questions outstanding shall have been completed. |
| 154 |
In the discussion of a supplementary Estimate the debate shall be confined to the Items constituting the same, and no discussion may be raised on the original Estimate, save in so far as it may be necessary to explain or illustrate the particular Items under discussion. |
| 155 |
Unless the Dáil shall otherwise order, the speech of a member in the course of a debate on a motion for the imposition of a charge upon the people or for a grant of money proposed for the public service shall not exceed one hour: Provided that the speech of the first speaker from a group (as defined by Standing Order 114 (1) (a)) in opposition and the speech of the member of the Goverment or Minister of State replying to the debate shall not exceed in each case one hour and a half: Provided further that this order shall not apply to the speech of a member of the Government or Minister of State opening the debate. |
| 156 |
There shall stand established, following the reassembly of the Dáil subsequent to a General Election, a Standing Committee, to be known as the Committee of Public Accounts, to examine and report to the Dáil upon- (a) the accounts showing the appropriation of the sums granted by the Dáil to meet the public expenditure and such other accounts as they see fit (not being accounts of persons included in the Second Schedule of the Comptroller and Auditor General (Amendment) Act, 1993) which are audited by the Comptroller and Auditor General and presented to the Dáil, together with any reports by the Comptroller and Auditor General thereon: Provided that in relation to accounts other than Appropriation Accounts, only accounts for a financial year beginning not earlier than 1 January, 1994, shall be examined by the Committee; (b) the Comptroller and Auditor General's reports on his or her examinations of economy, efficiency, effectiveness evaluation systems, procedures and practices; and (c) other reports carried out by the Comptroller and Auditor General under the Act. The Committee may suggest alterations and improvements in the form of the Estimates submitted to the Dáil. The Committee may proceed with its examination of an account or a report of the Comptroller and Auditor General at any time after that account or report is presented to Dáil Éireann. The Committee shall have the following powers: (a) power to send for persons, papers and records as defined in Standing Order 83; (b) power to take oral and written evidence as defined in Standing Order 81(1); (c) power to appoint sub-Committees as defined in Standing Order 81(3); (d) power to engage consultants as defined in Standing Order 81(8); and (e) power to travel as defined in Standing Order 81(9). Every report which the Committee proposes to make shall, on adoption by the Committee, be laid before the Dáil forthwith whereupon the Committee shall be empowered to print and publish such report together with such related documents as it thinks fit. The Committee shall present an annual progress report to Dáil Éireann on its activities and plans. The Committee shall refrain from- (a) enquiring into in public session, or publishing, confidential information regarding the activities and plans of a Government Department or office, or of a body which is subject to audit, examination or inspection by the Comptroller and Auditor General, if so requested either by a member of the Government, or the body concerned; and (b) enquiring into the merits of a policy or policies of the Government or a member of the Government or the merits of the objectives of such policies. The Committee may, without prejudice to the independence of the Comptroller and Auditor General in determining the work to be carried out by his or her Office or the manner in which it is carried out, in private communication, make such suggestions to the Comptroller and Auditor General regarding that work as it sees fit. The Committee shall consist of twelve members, none of whom shall be a member of the Government or a Minister of State, and four of whom shall constitute a quorum. The Committee and any sub-Committee which it may appoint shall be constituted so as to be impartially representative of the Dáil. |
| 157 |
Where approval by the Dáil of the terms of any international agreement involving a charge upon public funds is required, a motion to that effect may be made by a member of the Government or Minister of State. Subject always to the requirement of Article 29.5.2 of the Constitution, nothing in this Standing Order shall preclude the referral of a proposal contained in any such motion to a Select Committee for its consideration. |
| 158 |
Immediately after a Bill, which in his or her opinion is a Money Bill, has passed the Dáil, and before it is sent to the Seanad, the Ceann Comhairle shall issue his or her certificate that it is a Money Bill, and he or she shall announce that fact to the Dáil. He or she shall also cause a notification to be transmitted immediately to the Chairman of the Seanad, informing him or her of the certification of any such Bill. [See Article 22.2 of the Constitution]. |
| 159 |
Messages from the Dáil to the Seanad shall be in writing, signed by the Clerk of the Dáil, and shall be addressed to the Clerk of the Seanad. |
| 160 |
Messages from the Seanad shall be received by the Clerk. The Ceann Comhairle shall, at the first convenient opportunity, communicate any such Message to the Dáil: Provided that in case of special urgency, any business in progress on the receipt of such Message may be interrupted to hear the same. If a Message from the Seanad requires any action to be taken or thing to be done by the Dáil, it shall be set down on the Order Paper next thereafter prepared, and shall be considered accordingly: Provided that in case of special urgency, the Dáil may consider such Message at any earlier period. |
| 161 |
When a Bill has passed through all its stages in the Dáil, the Clerk shall make, or cause to be made, an exact copy thereof, and shall vouch such copy to be a true and correct copy by certifying the same at the head of the first page and by initialling and numbering each succeeding page. The signed certificate of the Clerk shall state the date of the passing of the Bill through its last stage in the Dáil, and the date of its transmission to the Seanad. |
| 162 |
Such true copy of a Bill, passed as aforesaid, and duly certified in the manner hereinbefore provided, together with a Message referring to such Bill, shall be transmitted to the Seanad. The Message shall state that the Dáil desires the agreement of the Seanad to the passing of the Bill into law or, in the case of a Money Bill, that the Bill is sent to the Seanad for its recommendations. |
| 163 |
A Bill, which has been initiated in and passed by the Seanad, shall be deemed to have passed its First Stage in the Dáil, and shall be set down for its Second Stage on the Order Paper next prepared after its receipt from the Seanad. |
| 164 |
When a Bill, transmitted from the Dáil to the Seanad, shall have passed through all its stages in the Seanad, and shall have been sent back to the Dáil with amendments made in the Seanad, or in the case of a Money Bill, with recommendations made by the Seanad, such amendments or recommendations, as the case may be, shall be published to the Dáil, and the Dáil shall, in Committee, consider and report on such amendments or recommendations, as the case may be. |
| 165 |
An amendment made by the Seanad to a Bill initiated in the Dáil may be accepted by the Dáil with or without amendment or be rejected. No amendment shall be moved to an amendment made by the Seanad that is not strictly relevant thereto, nor can any other amendment be moved to the Bill unless it be consequential upon the acceptance, amendment or rejection of a Seanad amendment. |
| 166 |
All business undisposed of at the adjournment of the Dáil, shall stand postponed until the next sitting day, unless the Dáil shall otherwise order, and shall be placed on the Order Paper, subject to the provisions of Standing Orders 26, 111 and 113. |
| 167 |
Any member of the Dáil may voluntarily resign his or her membership thereof by notice in writing to the Ceann Comhairle, and such resignation shall take effect upon receipt of the notice by the Ceann Comhairle who shall as soon as may be inform the Dáil. |
| 168 |
A motion may be made, after notice, directing the Ceann Comhairle to direct the Clerk to issue his or her Writ for the election of a member to fill any vacancy that may occur from time to time. Such motion shall be made at the commencement of public business. The Clerk shall make a report of the issue of every such Writ stating the Constituency in respect of which, and the name of the Returning Officer to whom, such Writ was issued, together with the date of issue. On the receipt of the return to the Writ, the Clerk shall announce the name of the member elected, and shall lay before the Dáil a copy of the Writ, and of the return endorsed thereon. When the return to a Writ issued for the election of a member to fill a casual vacancy shall have come into his or her hands, the Clerk shall notify the member returned that his or her attendance is required at a place appointed and on a day (or days) named by him or her, for the purpose of complying with the provisions of paragraph (1) of Standing Order 1. |
| 169 |
Where a document is required to be laid before the Dáil the delivery of a copy of the document to the Clerk for that purpose shall be deemed to be the laying of it before the Dáil. All documents laid before the Dáil shall be considered public. |
| 170 |
Any Standing Order or Orders of the Dáil may be suspended or modified, and for a particular purpose, upon motion made after notice. Provided that in cases of urgent necessity, of which the Ceann Comhairle shall be the judge, any Standing Order or Orders may be suspended upon motion made without notice. If such motion be opposed the Ceann Comhairle shall permit an explanatory statement from the member who moves it and a statement from a member who opposes it before he or she puts the question thereon. A motion to suspend or modify Standing Orders may only be moved by a private member during the time fixed for taking private members' business. |
| 171 |
The foregoing Standing Orders shall continue in force until altered, amended or repealed. |