The passage of the controversial Bill banning the publication of opinion polls within a week of an election was stalled in the Seanad last night after an apparent loophole was revealed.
The Electoral (Amendment) Bill, 2000 had been due to finish its passage through the Oireachtas. However, in one of a number of amendments proposed yesterday independent Senator Shane Ross suggested that a poll could be taken eight days prior to an election and published on polling day.
He also queried whether there was the possibility of telephone polls being carried out immediately after midnight on the morning of polling day and the results published the same day.
The Government had intended that the Bill would have completed all stages through the Oireachtas and be sent to the President, Mrs McAleese, for her signature.
However, the Fianna Fail leader of the Seanad, Senator Donie Cassidy, proposed last night that deliberation on the legislation be suspended until 2 p.m. today to consider Mr Ross's amendments.
Opposition sources were indicating last night that since the Seanad would not return to the Bill until this afternoon suggested that further legal advice would be sought on the amendment by the Government.
The Minister of State at the Department of the Environment, Mr Bobby Molloy, who has been guiding the passage of the Bill through the Oireachtas, was not in the Seanad when the possible loophole was raised, although his Department colleague, Mr Danny Wallace, was present.
Mr Ross argued that the Minister should make a reply which members could consider overnight. However, Mr Cassidy said he understood the Minister intended to consider the matter overnight and to give his considered view today.
If the Seanad makes any amendments to the Electoral Bill it will have to return to a full sitting of the Dail for completion. Unusually, the Bill was initiated in the Seanad and if any changes are made it will have to be sent back to the Dail. However, it could not be considered there until after the summer recess ends in October.
A total of 68 amendments to the Bill were tabled yesterday by Mr Ross, independent senators Mr Joe O'Toole and Mr David Norris and a number of Labour senators.
During almost six hours of debate opposition and independent senators insisted on a series of votes in a move designed to prolong the Bill's passage and embarrass the Government. They argued that all or part of the Bill should be sent back to committee stage for further debate.
Following the decision to adjourn the debate the Fine Gael leader of the House, Senator Maurice Manning, said he welcomed the belated acceptance by the Government that there was a case for the Bill to be returned to Committee stage. "I hope they will go all the way tomorrow," he said.