Seanad Éireann - Volume 163 - 20 April, 2000

Order of Business. - All-Party Oireachtas Committee on the Constitution: Motion.

Mr. Cassidy Mr. Cassidy

Mr. Cassidy: I move:

That, notwithstanding anything in Standing Orders, whereas the All-Party Oireachtas Committee on the Constitution has been involved in a full review of the Constitution on an all-party basis since its establishment in July 1996 and re-establishment in October 1997 with the following terms of reference:

‘In order to provide focus to the place and relevance of the Constitution and to establish those areas where constitutional change may be desirable or necessary, the all-party committee will undertake a full review of the Constitution. In undertaking this review, the all-party committee will have regard to the following:

(a)the report of the Constitution Review Group;

(b) participation in the all-party committee would involve no obligation to support any recommendations which might be made, even if made unanimously;

(c) members of the all-party committee, either as individuals or as party representatives, would not be regarded as committed in any way to support such recommendations;

(d) members of the all-party committee shall keep their respective party leaders informed from time to time of the progress of the committee's work;

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(e) none of the parties, in Government or Opposition, would be precluded from [186] dealing with matters within the all-party committee's terms of reference while it is sitting, and

(f)whether there might be a single draft on non-controversial amendments to the Constitution to deal with technical matters.',

the All-Party Oireachtas Committee on the Constitution may sit as a joint committee of both Houses of the Oireachtas and for this purpose:

(1)A select committee, consisting of the Members of Seanad Éireann set out in the Schedule to this resolution be appointed to be joined with a select committee to be appointed by Dáil Éireann to form the Joint Committee on the Constitution to consider matters comprehended by the preamble to this resolution and, in particular, issues relating to abortion, in like manner, as it may select and see fit and shall report thereon to both Houses of the Oireachtas.

(2)The quorum of the joint committee shall be three, of whom at least one shall be a Member of Dáil Éireann and one a member of Seanad Éireann.

(3)The joint committee shall have the powers defined in Standing Order 65(1), (2), (3), (4) and (8).

(4)The chairman of the joint committee shall be Deputy Brian Lenihan and the vice-chairman of the joint committee shall be Deputy Jim O'Keeffe.

(5)This resolution shall cease to have effect on 31 May 2000.

Schedule

Senators:–

John Dardis

Denis O'Donovan

Fergus O'Dowd

Kathleen O'Meara.

An Cathaoirleach An Cathaoirleach

An Cathaoirleach: Is the motion agreed?

Mr. O'Toole Mr. O'Toole

Mr. O'Toole: I oppose the motion on the basis that the Independent Members are not included.

An Cathaoirleach An Cathaoirleach

An Cathaoirleach: Senator O'Toole, the order of the House is that this motion is to be taken without debate and I am bound by the order of the House. I have no discretion in the matter. The motion has been moved. Is the motion agreed?

Mr. O'Toole Mr. O'Toole

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Mr. O'Toole: The House should be aware that we are setting up a committee under which a duly elected parliamentary group, recognised by the [187] Constitution, is not represented, and I am opposed to this.

An Cathaoirleach An Cathaoirleach

An Cathaoirleach: The Order of the House is that this motion be taken without debate, therefore a debate is not in order.

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[188]

Mr. O'Toole Mr. O'Toole

Mr. O'Toole: A debate should be in order.

An Cathaoirleach An Cathaoirleach

An Cathaoirleach: Is the motion agreed?

Mr. O'Toole Mr. O'Toole

Mr. O'Toole: No.

Question put.

Tá

Níl

Tellers: Tá, Senators T. Fitzgerald and Gibbons; Níl, Senators O'Toole and Quinn.

Question declared carried.

Seanad Éireann 163 Order of Business. All-Party Oireachtas Committee on the Constitution: Motion.

General Debate

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