Talks continue in TDs’ action over Ceann Comhairle’s ‘money message’ ruling

An action by four TDs over a process under which the Ceann Comhairle decided a Bill aimed at reducing greenhouse gas emissions required a “money message” has been further adjourned to facilitate discussions.

The proceedings were due before the High Court next Monday but, on Thursday, John Rogers SC, for the TDs, mentioned them before High Court president Mr Justice Peter Kelly.

Counsel said there have been “useful” without prejudice discussions between the sides and all agreed, given those, the better course was to put the matter back for four weeks.

Conleth Bradley SC, for the Ceann Comhairle, and Patrick MacCann SC, for the Government and State, indicated consent to the adjournment application, which Mr Justice Kelly granted.

When the proceedings were last before the judge in January, Mr Rogers said at that stage there were discussions “without prejudice to any views the parties may have arising from the dissolution of the Dáil” and he sought an adjournment to March 9th.

The judicial review proceedings are by Deputies Bríd Smith, Richard Boyd Barrett, Gino Kenny and Paul Murphy, members of the Solidarity-People Before Profit grouping in the Dáil, against the Ceann Comhairle, Seán Ó Fearghaíl, with the Attorney General as a notice party. They previously secured leave to challenge the Ceann Comhairle’s November 2019 refusal to allow a debate on a motion which sought to prevent the blocking of Opposition Bills by withholding a “money message” necessary to allow them proceed through the legislative process.

The Bill at issue – the Petroleum Development Bill 2018 – is intended to make a significant contribution to achieving Ireland’s greenhouse gas emission reduction targets, Deputy Smith said.

The TDs have since sought leave to amend the case to also challenge an earlier May 2019 decision by the Ceann Comhairle that the Bill required a money message and to join the Minister for Communications, the Government of Ireland and Dáil Éireann as parties for the purpose of seeking additional orders. They claim the process at issue is unconstitutional.

In an affidavit, Deputy Smith said the TDs have significant concerns as to how the Ceann Comhairle interpreted the requirement for a money message for the purposes of Dáil Standing Order 179 and article 17.2 of the Constitution. The Bills Office had said in 2018 the Petroleum Development Bill did not require a money message, she said. The Office of the Parliamentary Legal Advisor later identified the number of licences which might be affected by the Bill and the Department of Communications opposed it.

When it became apparent the Bill could pass all stages in the Dáil, the Minister for Communications wrote to the Ceann Comhairle in May 2019 indicating the Minister’s view the Bill now required a money message, she said.

On May 22nd 2019, without any prior consultation, the Ceann Comhairle informed her that the Bill required a money message, she said.