Sinn Fein label report into Dail disorder as ‘deeply flawed’

Sinn Fein has labelled a report into disorder in the Dail on Tuesday as “deeply flawed”.

The report, written by the clerk of the Dail, Peter Finnegan, analysed whether the decisions made by Ceann Comhairle Verona Murphy adhered to Dail rules.

He concluded that her actions on the order of business, questions on policy or legislation, and a motion to amendment standing orders adhered to Dail rules.

The clerk’s report was issued as an attachment to Ms Murphy’s statement “categorically” rejecting allegations of “partiality and collusion”.

The statement was issued after opposition parties drafted a motion of no confidence in Ms Murphy.

In Mr Finnegan’s report, he said that after Ms Murphy put the order of business to the Dail on Tuesday, calls of “Votail” to trigger a division were not audible on the chamber’s legal record.

“It is a longstanding parliamentary requirement that members dissenting from the Chair’s declaration must say the word ‘Votail’ to trigger a division,” the report said.

“The official report of the debates and the clerk’s sheet (which is the basis for the Journal of Proceedings, the legal record of the Dail) both confirm that the word ‘Votail’ was not audible in the chamber when you put the question on the order of business.

“The declaration of the result by you was therefore fully in accordance with standing orders.”

On the decision on questions on policy or legislation, Mr Finnegan said “the significant level of disorder” in the Dail led to Ms Murphy using her discretion to move to the next item, which is allowed under Standing Order 36.

Sinn Fein have said that this “unilateral waving of promised legislation” was “something we have never seen in the Dail”.

On the main point of contention in the Dail on Tuesday, the motion to amend Dail standing orders, the clerk said that party leader Mary Lou McDonald was asked to move Sinn Fein’s amendment.

Ms McDonald said on Tuesday that she did not hear Ms Murphy say that.

“As the order of business, as agreed, provided that the motion be taken without debate, you were obliged to immediately proceed to put the question on the motion itself.

“The motion was put to the House, members said ‘Votail’, the clerk rang the bells, and the division was taken in accordance with standing orders,” the clerk’s report said.

After the tellers for the no side, Sinn Fein’s Padraig Mac Lochlainn and Labour’s Duncan Smith, refused to sign the tellers’ sheet in protest, Ms Murphy declared the government amendment passed.

He said that this was provided for under Standing Order 91.

“The decision under this standing order, which is aimed at preventing the obstruction of divisions due to gross disorder and refusal by duly nominated tellers to fulfil their obligations under standing orders, is entirely at the Ceann Comhairle’s discretion.

“Therefore, your decision yesterday to declare the motion agreed was fully compliant with standing orders and the powers conferred upon you as Ceann Comhairle.”

Responding to the report, a spokesman for Sinn Fein said it was “deeply flawed”.

The party also said it does not tally with events in the Dail chamber yesterday, “which can be viewed and heard on the Oireachtas website”.

“The Ceann Comhairle was determined to force through a highly contentious and damaging government proposition, regardless of what was happening on the floor of the Dail.

“As a result, there was no vote on the order of business even though a vote was clearly called.

“There was a unilateral waving of promised legislation – something we have never seen in the Dail.

“The Opposition did not move their amendment. In her haste to force through the government proposal, the Ceann Comhairle appears to have inadvertently moved the Opposition amendment and not the motion put forward by the government.

“It was this amendment that was passed.

“All of this can be clearly seen on the Oireachtas website.”