The Private Members' Bill (Pmb) Process in Dáil Éireann

THE PRIVATE MEMBERS’ BILL (PMB) PROCESS IN DÁIL ÉIREANN

A PMB CAN BE INITIATED IN EITHER HOUSE. STAGES THE GRAPHIC REFERS ONLY TO ‘DÁIL’ PMBs

NO (INADMISSIBLE) X

BILL A ‘DÁIL’ PMB IS BILL IS BILL IS BILLS OFFICE ADVISES DRAFTED BY A SUBMITTED TO THE EXAMINED FOR CEANN COMHAIRLE ON

INTRODUCTION SPONSOR OFFICE OF THE CEANN ADMISSIBILITY ADMISSIBILITY OF BILL. - DÁIL ÉIREANN (1 or MORE TDs / COMHAIRLE DECISION IS MADE YES (ADMISSIBLE) A PARTY)

PRE

NO SUBSTANTIVE INITIATION FOLLOWING ORDER OF BUSINESS (TUES) st DEBATE or QUESTIONS ON PROMISED LEGISLATION (5 MINUTE STATEMENT

1 BY SPONSOR) TITLE PLACED ON (WEDS / THURS) Dáil = Green Paper ORDER PAPER

DEBATE HELD SECOND STAGE DEBATE HELD DURING PRIVATE nd ON GENERAL MEMBERS’ TIME

2 PRINCIPLES OF THE BILL MOTION: THAT THE BILL BE NOW READ A 2nd TIME

DETAILED SCRUTINY BY A SELECT / JOINT COMMITTEE

ECB IF REQUIRED, SCRUTINY BY REPORT A B C MONEY € € MESSAGE COMMITTEE IS COMMITTEE (WHICH IS CEANN COMHAIRLE ADVISES REQUESTED COMPULSORY SEEKS SUBMISSIONS, LAID) MAY PROVIDED THAT: RECOMMEND THE COMMITTEE ON WHETHER GOV X HOLDS HEARINGS, and SCRUTINY REPORT BILL PROCEED ANY OF THE FOLLOWING ARE RESPONDS PROVIDES DOES NOT 1. THE PMB SPONSOR PRODUCE REPORT MONEY PROVIDE (OR NOT) TO REQUIRED: WITHIN 6 MESSAGE / REQUESTS THAT THE MONEY (AS WITH GOVT BILLS WEEKS FINANCIAL MESSAGE COMMITTEE UNDER- RESOLUTION DURING PRE-LEGISLATIVE COMMITTEE A. MONEY MESSAGE PROVIDES TAKES SCRUTINY; AND SCRUTINY (PLS)) B. FINANCIAL RESOLUTION ‘REASONED STAGE RESPONSE’ 2. THE DÁIL BUSINESS C. OPINION OF THE EUROPEAN COMMITTEE DOES NOT CENTRAL BANK (ECB) GRANT A WAIVER

DETAILED SCRUTINY DETAILED

SECTION BY SECTION EXAMINATION COMMITTEE rd By SELECT/SUB-COMMITTEE or

3 COMMITTEE of WHOLE HOUSE STAGE (AMENDMENTS MAY BE MADE)

REVIEW OF CHANGES

th (AMENDMENTS POSSIBLE BUT LIMITED TO MATTERS ARISING REPORT STAGE 4 FROM 3rd STAGE ) SEANAD ÉIREANN

SECOND STAGE to

FINAL STAGE FIFTH STAGE* th DEBATE HELD 5 MOTION: THAT THE BILL A SEANAD SPONSOR DO NOW PASS WILL BE REQUIRED TO TAKE THE BILL THROUGH ALL STAGES BILL PASSED (AND VICE VERSA FOR STAGES ‘SEANAD’ PMBs).

*NO PROVISION FOR BILL MUST PASS THROUGH BOTH HOUSES BEFORE FURTHER ‘DETAILED BEING SENT TO THE PRESIDENT FOR SIGNATURE SCRUTINY’

ACT

April 2019 Designed by: Oireachtas Library & Research Service © Houses of the Oireachtas 2019 THE PRIVATE MEMBERS’ BILL (PMB) PROCESS IN DÁIL ÉIREANN

THE STAGES EXPLAINED

PRE-INTRODUCTION WHAT ARE STANDING Any Member of Dáil Éireann (Teachta Dála) who is not a Minister may draft and introduce a PMB e.g. ORDERS?  Members of the governing party/parties (i.e. Government ‘backbenchers’); Article 15.10 of the Constitution gives  Members of opposition parties; and/or Dáil Éireann the power to make its own  Independent Members. rules for the conduct of business – the Standing Orders of the House. The PMBs can relate to any subject matter that is suitable for public / Government legislation but may not have, as Standing Orders are written its main purpose (a) the creation of a charge upon the people, other than incidental (i.e. a tax) or (b) creation of rules of procedure that new public expenditure, other than incidental. have been decided and Any Member (or Members) proposing the Bill are known as the Bill ‘sponsor(s)’. The Bill is submitted to the adopted by the House Office of the Ceann Comhairle who arranges for the Bill to be examined for compliance with Standing Orders itself. The rules cover a by the Bills Office. The Bills Office advises the Ceann Comhairle regarding admissibility. broad range of topics, from

the declaration which must be made on election by the

1 INTRODUCTION Ceann Comhairle, to the deadlines for STAGE the submission of motions for the Order Once a PMB has been ruled ‘in order’, it may be introduced following the Order of Business (Tuesdays) or Paper. following Questions on Promised Legislation (Wednesdays / Thursdays). Debate is limited to a 5 minute statement by the proposer / sponsor. ‘OUT OF ORDER’ PMBs

AND GOVT MESSAGES SECOND STAGE A PMB is first examined by the Bills Of- 2 fice and ruled out of order prior to intro-

STAGE At this stage, a substantive debate on the general principles of the Bill (as with Government legislation) is held duction if: during private members’ business. Under Standing Order 140, private members’ business is held:  It constitutes a charge (a tax) on the  On Tuesdays, between 8pm and 10pm; people, other than an incidental charge (Standing Order 178(1)); or  On Wednesdays, for two hours following topical issues (or following Government business); and  It constitutes expenditure (i.e. any  On alternate Thursdays (Bill is determined by the Dáil Business Committee). public spending by a Department or The House hears speeches from the proposing / sponsoring Member(s), a member of the Government or central fund spending (other than Minister of State, and any other Member. The Bill is again examined by the Bills Office to ascertain whether incidental expenditure)) (Standing there is a charge / cost, including an incidental cost, and if a Financial Resolution or Money Message is Order 178(2). required (see right). Following passage at second stage, a

PMB is again examined by the Bills Office. ‘DETAILED SCRUTINY’ STAGE For a PMB which imposes an incidental STAGE  If it receives support of the House, the Bill shall proceed to detailed scrutiny stage, an intermediate stage charge (tax) on the people a Financial between Second Stage and Committee Stage as set out under Standing Order 141. The Bill is referred to the Resolution from the Government is relevant sectoral / Select Committee (or Joint Committee) which can invite submissions and/or hold hearings necessary before the Bill is taken at with stakeholders and experts, as necessary. The Committee can also seek the views of the relevant Committee stage (section by section); Government Department / Minister on the policy, technical and legal aspects and can seek the assistance of  For a PMB which involves incidental the L&RS and the OPLA, as required. public expenditure a Money Message is required for it to proceed to Committee The Bill sponsor(s) is/are required to submit an explanatory memorandum to the Committee which details the stage. following (a) rationale for the Bill / policy issue (b) legislative context (c) implementation issues and considerations and (3) financial implications / other impacts, as well as section by section explanatory notes. A Financial Resolution and Money Scrutiny cannot commence until this memo is received. Message constitute the recommendation

Detailed scrutiny by Committee is compulsory provided that (a) the sponsor(s) request(s) that the committee from Government signed by the undertake detailed scrutiny and (b) the Dáil Business Committee does not grant a ‘waiver for detailed scrutiny’ Taoiseach’ required under Article 17.2. of the Constitution. (on application from the committee or the sponsor). A Bill which requires a Money Message, a Financial Resolution or the opinion of the European Central Bank (ECB) cannot proceed past this stage (see right). If Once a detailed scrutiny report is laid, the Committee decides to undertake detailed scrutiny, it produces a report on the outcome of the scrutiny and a request for a Money Message process. The primary aim of the report is to inform the Committee’s decision to proceed (or not to proceed) to has been issued, the Government will Committee Stage. A request for a Money Message (or Financial Resolution) is issued after the scrutiny respond within 6 weeks (consideration report is laid. The Government will respond within 6 weeks (see right). period) with either:

 A Money Message (or move a Financial 3 COMMITTEE STG. 4 REPORT STG. 5 FINAL STG. Resolution); or

STAGE  A ‘Reasoned Response’ which explains why it will not provide a Money Message  Committee Stage: All components of the Bill are examined by a Committee; (drawing on the Government’s analysis  Report Stage: A review of changes made at Committee occurs. Each amendment is debated in turn; of the Bill and on the Committee’s  Final Stage: A final debate and vote on the Bill is held. The Bill is revised to take account of agreed Report). It may set out the necessary amendments and the debate takes place on a motion "That the Bill do now pass". The Bill is then sent to steps for a Money message to be other House and is re-entered at Second Stage. granted.