Sinn Fein write to Ceann Comhairle over ‘flawed’ report on Dail disorder

Sinn Fein have outlined “three fundamental issues” with a “flawed” report into the disorder in the Dail on Tuesday.

The party said the report, written by clerk of the Dail Peter Finnegan, was written “in good faith” but was “flawed in a number of key areas”.

Sinn Fein chief whip Padraig Mac Lochlainn said in correspondence to Ceann Chomhairle Verona Murphy on Thursday that there are “three fundamental issues” in how Tuesday’s disorder was handled.

He said that Mr Finnegan’s account of what happened differs from video recordings of the Dail available on the Oireachtas website.

Mr Finnegan concluded that Ms Murphy’s actions on the order of business, questions on policy or legislation, and a motion to amend 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, which is to be tabled on Tuesday.

In the report, Mr Finnegan 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.

As a result, he said that Ms Murphy’s passing of the order of business was “in accordance” with Dail rules.

“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,” Mr Finnegan said.

In their letter to the Ceann Comhairle, Sinn Fein said the call for “Votail” is “clearly audible” in Oireachtas footage and said a division should have been called as a result.

On the decision on questions on policy or legislation (QPL), 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 said that Oireachtas footage counters this claim: “This assertion is clearly contradicted by the official Oireachtas video which shows that after the resumption, following the 30-minute suspension, there was no disruption in the Dail.

“It further shows that the Ceann Comhairle immediately took the decision not to proceed with QPL, a decision which then caused further disruption.”

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.

The clerk said that when the motion was put to the House, members said “Votail” and a division took place.

Sinn Fein dispute this and say Ms Murphy instead moved the party’s amendment to the government’s motion and not the motion itself.

The transcript states: “I call on Deputy McDonald to move the amendment. Is the amendment agreed?”

Sinn Fein also argued that Ms Murphy did not formally put the amendment to the Dail, as required under standing order 85, by stating “The question is that…”

“The Ceann Comhairle failed to do this and in your haste to pass the Government motion, you ended up moving the opposition amendment and at no time was the Government motion formally put to the floor of the Dail.”

Labour whip Duncan Smith raised discrepancies between the clerk’s report and the audio record of Tuesday’s proceedings at the Business Committee on Thursday, a Labour spokeswoman said.

A spokesman for People Before Profit said they have criticisms of the clerk’s report.

They said “Votail” was audible during Order of Business proceedings, and agree with Sinn Fein that the Ceann Comhairle moved the amendment to the motion rather than the motion itself.

Other opposition parties have been asked to clarify whether they accept the clerk’s report.