Richard Boyd Barrett challenges blocking of opposition motion
Richard Boyd Barrett challenged a chair ruling that removed an opposition motion to change standing orders, arguing the decision sabotaged the passage of more than 50 opposition bills by misuse of the money message. He maintained the motion respected constitutional limits and sought to prevent non-money bills from being blocked.
Motion to change standing orders
The deputy said he and his colleagues submitted a motion 11 days earlier to alter the Dáil's standing orders to remove the blockage created by the money message. He argued the motion made clear it respected the constitutional provision that only the Government may propose measures appropriating public money, while preventing other bills that do not spend public money from being vetoed.
Constitutional text and procedural rights
Boyd Barrett quoted the Constitution's provision that "Each House shall make its own rules and standing orders" and asserted opposition members have the right to propose changes to those rules. He objected to a letter from the chair suggesting they amend their motion to make it acceptable and said refusing to allow the motion on the order paper was an unprecedented curtailment of TDs' rights.
Chair's ruling and legal reasoning
The chair ruled the motion out of order on the basis it could enable private members' bills that constitutionally require a government recommendation to be passed without such a recommendation. The chair said the ruling adhered to long-established practice, based on advice from the clerk of the Dáil and parliamentary legal advisers, and cited salient rulings that the chair does not interpret bills, acts or the constitution.
Government response and bill numbers cited
In response, a Dáil speaker said the Government had yet to receive a request for a money message for 29 of the 54 bills referenced by the deputy, had issued reasoned responses for 10 bills, and had issued money messages for three. The speaker added there were 10 bills under consideration and noted that 13 private members' bills have been enacted in the current Dáil.
Committee review and next steps
The chair referred to the Dáil Reform Committee's memorandum of understanding on money messages and said the committee is examining Standing Order 179, with a report due in the coming days. Boyd Barrett insisted the refusal to place the motion on the order paper was sabotaging democratic process and stated his party would continue to seek the right to move the motion.
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Deputy Boyd Barrett The credibility of this House and of politics generally has been called seriously into question by the Fobgate and Votergate scandals but something that I believe even more seriously questions the goings-on in this House is the fact that more than 50 opposition bills passed by Dail Eireann in majority in some cases more than once have been blocked, sabotaged effectively by the use of the money message People Before Profit and Solidarity have time to put forward motions we have that time very rarely, that time is tomorrow 11 days ago we submitted a motion to change standing orders, the rules of this House in order to remove this blockage on all of those bills and allow their passage through the House and then last night we received a letter from yourself saying that we would not be allowed even have our motion put on the order paper never mind debated or voted upon Now, Ciancorla, the Constitution says the following Each House shall make its own rules and standing orders That's the Constitution So we are allowed, it's one of the few things we are allowed it seems to do in this House is put forward motions to change our own rules We have put forward a motion to change the rules in relation to the money message We made absolutely clear in that motion that we respected the constitutional provision that prevents opposition TDs or anybody but the government proposing a bill that seeks to appropriate or spend public money it says it in our motion but then we go on to say that other bills that do not spend public money or seek to tax anybody cannot be blocked by the money message and to have the rules changed accordingly We can't have a link to your base on it So we believe, Ciancorla, that this is an absolutely unprecedented situation where we in fact, it has been suggested in your letter that we change our motion We as an opposition party have the right to put forward our motions and we get a letter from you saying if you change the motion to this it'll be acceptable Now, I mean, I just can't believe that, Ciancorla We have the right to put forward motions The Constitution says we have the right to put forward motions about the rules of this House So we are most strongly objecting to a sabotage of the democratic process in this regard Thank you We want the right to put forward our motion Okay, you've made your point Will you resume your seat? For the general information of the House, I've ruled that the motion submitted by Deputy Smith for Wednesday's private members' business is not in order This ruling is on the basis that the motion would allow certain private members' bills which would constitutionally require a recommendation for government to be passed by Dáil Éireann without such a recommendation And there is a fundamental difficulty in seeking to put in place rules of the House in the form of standing orders that could allow bills to progress through the House in an unconstitutional manner My decision is fully in accordance with long-established rulings and parliamentary practice on the authority of the chair to apply, interpret and rule on standing orders and matters of order generally In doing so, I am advised by the clerk of Dáil, who has long experience in these matters and he, in turn, is advised by the parliamentary legal advisers I am satisfied that the advice that I have been given in ruling the motion out of order is valid and sustainable advice to which I must have regard I understand it causes great difficulty for yourselves I appreciate that But you are also aware that the Dáil Reform Committee has on the one hand negotiated a memorandum of understanding with the government in respect of how money messages would be dealt with and that we are further examining how Standing Order 179 may be dealt with in a report that we are due to receive in the next number of days Salient rulings and conventions, as you refer to, are very, very clear on this Salient Ruling 258 says Hold on, people need to know this Quote, it is not a function of the chair to interpret bills, acts or the constitution Salient Ruling 59 says The chair does not rule on the constitutionality of any measure coming before the house That is a matter for the courts And that couldn't be clearer And what you have said in your letter is that you are choosing to interpret our motion as possibly infringing on the constitution when in fact our motion explicitly says it respects the constitutional provision you refer to but seeks to change the standing orders of the house which the constitution allows us to do Major point Right Major point No, but hold on We are now in uncharted territory because you are now saying that a motion that we have down on the order paper that you now won't allow on the order paper which we submitted 11 days ago which is due to be debated in the Dáil tomorrow that we cannot move that motion or debate it or vote upon it That is absolutely sabotaging the right of TDs to put forward motions in this house That is totally unacceptable Thank you for that comment I agree and respect your ruling My understanding from the business committee was that we were awaiting the report by the clerk of the Dáil in relation to the whole issue of money messages and this was what I understood to be agreed at the business committee The deputy referred to 54 bills that he states have been blocked Government has yet to receive a request for a money message for 29 of these bills We have issued reasoned responses under the memorandum of understanding for 10 bills and issued money messages for three There are currently 10 bills under consideration by government These will be dealt with in the coming weeks And it should also be noted that 13 private members bills have been enacted in the lifetime of this current Dáil For more than 10 different parties For more than 42 items Or if we follow down the long sights as required, we will start because of control doesn't have to be reported in the month Correct, please? It is called a little bit by selfsonist How to address the little with a person how to deal the in the middle... For more than 10 years The zaklor can release every month They have a very specific income to benefit them from a statute that Carrie
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