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Dáil Éireann debate -
Wednesday, 11 Feb 1981

Vol. 326 No. 8

Issue of Writ: Motion.

I move the following motion, No. 5 on the Order Paper in my name:

That the Ceann Comhairle direct the Clerk of the Dáil to issue his writ for the election of a member to fill the vacancy which has occurred in the membership of the present Dáil following on the resignation of Deputy Michael O'Kennedy, a member for the constituency of North Tipperary.

I hope that the fact that it is nearly 30 years ago since I moved a motion for the issuing of a writ for a by-election will emphasise to all Deputies that I have not taken this decision lightly. On both sides of the House there is little difference between us that the Republic is in a state of economic crisis pretty well unprecedented in the history of the State. I make the concession that we are all guilty in this matter. In the media and here in the House we all have been preoccupied with general election speculation.

It might have been presumptuous for an Independent Deputy to usurp the power of the Government by moving the writ, but I believe the delay in this matter is part of the general election manoeuvring which has been taking place for a long time. We all know, and above everybody else the Taoiseach has known for at least a year, that Deputy O'Kennedy was likely to be going to Europe and that a vacancy in Dáil membership would then be created. Therefore it seems to me that there should not have been even the delay which is usual when a vacancy arises in Dáil membership, occasioned by the death of one of us.

Incidentally, it was noticeable on the occasion of the regretted death of the Ceann Comhairle, Deputy Brennan, that we had little or no delay in the moving of the writ. After what I will call the palace revolution in Fianna Fáil, the replacement of Deputy Lynch by Deputy Haughey as Taoiseach, there was at first the trickle of a debate about a general election and this became intensified on the Government side after the Donegal by-election. Since then this has eased on the Government side and it is in full spate now on the Opposition side, understandably following the budget—I, personally, have taken part in this and I do not try to exculpate myself. There has been preoccupation with a debate about tactics among us here.

Yet we are all in agreement with the people, the electorate, that things have never been more serious, that there is a condition of near crisis, with unemployment up by 30 per cent, the appalling debt load which the PAYE income just about meets, the trade union movement worried about the prospects of new national wage negotiations in the autumn. The Government seem to be distracted from their job, and I do not blame Ministers feeling they should be looking over their shoulders. The necessary work is not being done in the Departments of Health and Education and various other Departments and there is a general feeling of stagnation in the Government and in the country. It is my belief that the people do not understand why there is delay in the moving of this writ and that there is preoccupation with and speculation about the proposed general election.

This Government have been in office for three years and they have had an unprecedented strength and power in their majority. They could pass any law; they could provide any remedy. They still have their majority and the best part of 18 months to run but we are all wondering whether they know that the position is so serious that they are afraid to face the country and are running away because they have no solution for the problems of the next three or four years should they be re-elected, no more than they have had such solutions in the past.

There is much worse to come. They say that ours is a small open economy and this is the reason for our disastrous present situation. What do they propose to do to change that reality? The sad truth is that, up to the present at any rate—possibly it is one of the disabilities of Opposition—the Opposition have not provided a solution either, with the exception of the Labour Party's socialist programme put forward at their conference which, alas, is unlikely to be implemented in the reasonably near future.

I think the Deputy will accept that I have given him very considerable latitude.

I am concluding now.

We are dealing strictly with the moving of the writ.

I appreciate that. Whatever the fears, whatever the truth, whatever the reality and whether it is the threat of the very angry farmers, there is only one person who can clear up the doubts and end the speculation in the press and among politicians and the rest. If the Taoiseach intends to go his full time he should say so.

The Deputy should note that we are not dealing with the general election but with the moving of a writ for a North Tipperary by-election.

If the Government intend to go to the country they should do so but if they do not intend to go to the country they must not continue to deny the people of North Tipperary their proper representation. The Taoiseach should now let us know that he is going to support the motion and face the music of the farmers or the Opposition or the discontented electorate following his budget in the very representative constitutency of North Tipperary.

We on the Government side are opposing this motion because we cannot see any particular need for the holding of a by-election in North Tipperary at present.

The Taoiseach did not hear what Deputy Browne said.

Deputy Michael O'Kennedy's resignation from this House took place just over a month ago.

On a point of order, I want to make quite sure that by deferring to the Taoiseach I am not ruling myself out from speaking on this motion. I will be entitled to speak.

I thought it might be helpful if we gave an indication of our view.

I accept that.

The Taoiseach is such a helpful man.

As I have said, Deputy O'Kennedy's resignation took place just over a month ago. I might mention that when Deputy Richard Burke resigned in similar circumstances in January 1977 to take up his appointment as a Commissioner in the European Economic community there was no great rush on the part of the present Opposition parties to move the writ to fill the vacancy caused by Deputy Burke's resignation. In fact, they never moved the writ at all. They allowed the vacancy to continue until the general election in June 1977.

Does the Taoiseach intend to do the same?

By-elections are a necessary and essential part of the parliamentary process. We on this side of the House have no hesitation in initiating them if they are justified and necessary but that can hardly be said in the present case. Is there any real need to interrupt our parliamentary programme for the holding of a by-election to elect a Deputy who will sit in this House for, at most, just over a year?

(Interruptions.)

The Taoiseach should be allowed to continue without interruption. I ask Deputies on both sides of the House to allow him to do so.

The people of Tipperary are represented in this House by five Deputies, two of whom represent North Tipperary, so they cannot be regarded as being seriously deprived of representation. The outcome of the by-election could not have any effect on the voting situation in this House. As the by-election in Donegal last November — I hope the Opposition have not forgotten it— provided a recent opportunity for the people to give a verdict on the policies and performance of the Government and Opposition it cannot be suggested that there is any serious public demand for a further test of public opinion at this stage.

We have not in the past couple of weeks moved this writ in deference to the normal courtesy which leaves this matter to the Government if they act within a reasonable time, the Opposition intervening if there appears to be an inordinate delay. Nevertheless when Deputy Browne moved the writ we determined to support it and the grounds he gave for moving it were certainly cogent. Everything other than the questions of practice and procedure were in favour of the action he took. In the face of the compelling case he made it seems right to us to support it in the hope that we might influence the Taoiseach towards the broader decision in relation to a general election.

I note that the words the Taoiseach has chosen are a clear implication that not alone was this writ not to be moved now but that it was not to be moved on this side of the general election. That was said in terms which seemed to imply, almost regardless of the length of time between now and the general election. I have not heard that said in those terms in this House before.

The Taoiseach referred to the fact that in May 1977, four years ago, in similar circumstances we did not move the writ for the by-election on the appointment of Deputy Richard Burke as a Commissioner of the European Communities. I would remind the Taoiseach that the situation then was somewhat different. The Government that had been in power had taken decisive action in the previous couple of years. That action had moved the economy from stagnation into a growth rate of 5½ per cent, three times the highest in the EEC, and the Government had brought inflation down at a rate which in 18 months was to bring it to its lowest level for many years, to 6½ per cent. That Government had also started the process of bringing unemployment down and it had been falling for the previous six months, though not at the rate at which it has been rising for the last year during which time 17,500 more people have become unemployed or are on short-time.

I would remind the Deputy that he is moving a considerable distance from the motion before the House.

I have one more point to make in reply to what the Taoiseach has said.

(Interruptions.)

I am entitled to answer the Taoiseach's political charge in the matter. We had in that budget of 1977 brought borrowing down from 16½ per cent of GNP two years earlier to 10½ per cent of GNP. In those circumstances there was no compelling demand or need for a general election, as the country was being governed. In the present circumstances the exact opposite is happening under all these headings. The country is not being governed and when three-and-a-half years of neglect have left it in its present chaos, there is a case for a general election. There is, therefore, a case for a by-election and there is certainly a case for supporting Deputy Browne's motion.

(Interruptions.)

We also support the motion by Deputy Noel Browne for the by-election, although I do not think that a by-election would make any substantial contribution towards getting the country out of the difficulties to which it was brought by the policies that have been pursued so vigorously by the present Government and particularly by the present Taoiseach. By their policies they have created an unprecedented crises. The only hope, and it is not even a great hope, that the ordinary people have is for that Government to go out of office at the earliest possible moment.

Deputies

Hear, hear.

No one on this side of the House states that if Fianna Fáil go out there is an overnight solution to the economic chaos they have created, internally in relation to local government administration on finance, in relation to cut-backs, which all the people on the front bench agreed to in their various Departments, and in relation to the incredible percentage of our GNP that is going towards the servicing of unprecedented foreign borrowing.

The only records they have left to break are their own.

All of those things result in a considerable amount of hardship and misery for the ordinary people.

Deputies

Hear, hear.

That hardship and misery will be intensified for every day that the Government stay in office. There is no overnight cure for the difficulties and the chaos they have caused in our national economic affairs, but there is a hope that there can be a way out of the difficulties. Deputy Browne, in moving the writ, was generous enough to indicate that the only hope of getting out of those difficulties is contained in a programme which was adopted by this party last October at its general conference.

Shortly after you threw him out.

(Interruptions.)

Deputy Cluskey without interruptions, please.

I can only say about that remark——

(Interruptions.)

Might I have order for Deputy Cluskey, please?

——that I never attempted to use Deputy Browne and Deputy Browne never attempted to use me in the way in which the Taoiseach has used Deputy Neil Blaney.

(Interruptions.)

At least our relationship or disagreements we may have had or may have were conducted with a standard of decency——

(interruptions.)

—— and respect for each other which not only——

(Interruptions.)

Deputies, please.

(Interruptions.)

——would be alien to the Taoiseach but would obviously be alien to the people who are enjoying——

Order, please.

(Cavan-Monaghan): The very event that gives rise to this motion speaks volumes.

If the Taoiseach looks to his back bench he will notice that his former leader is not joining in the merriment.

Please, Deputy, we are dealing with the writ in relation to North Tipperary and, to be quite honest about it, I do not think the Deputy has mentioned it once yet.

If that is true, I obviously have another 20 minutes during which I will mention it.

On the writ, please.

The Taoiseach has clearly indicated that he is running away from the by-election. But, even if it were held, it would not cure the difficulties which Fianna Fáil have brought to the country. However, it would give the people of North Tipperary an opportunity to express what I am convinced would be shared by their fellow citizens throughout the Twenty-Six Counties. They will reject the Fianna Fáil candidate in the by-election as they will at the first possible opportunity reject the Fianna Fáil Government in the next general election.

A midsummer night`s dream.

This is not just a matter of an Opposition seeking an electoral contest with the Government of the day. What we are talking about here when we are looking for a general election is the only possibility for the future of the people, particularly the young people.

Deputies

Hear, hear.

So long as this Government remain in office every hour and every day the prospect of a decent job, a decent home, decent health services and a decent social welfare system are diminished. It has been proved publicly beyond doubt that what I said on the appointment of the present Taoiseach was correct, that his real political constituency is the rich, the privileged few and, by God, the Taoiseach has given a clear demonstration of that. Let us end it; let the people decide.

It is not unusual(Interruptions.)

Deputy Oliver Flanagan, please.

It is not unusual for an Independent Deputy to move a writ. I recall that, when I sat as an Independent Deputy here, I moved a writ for Cork city and at that time it was accepted by the then Fianna Fáil Government, if my memory serves me right. I have an interest in the filling of the seat in North-Tipperary because I am aware that ex-Deputy O'Kennedy, the EEC Commissioner, was an energetic and enthusiastic Deputy who was easy to approach. I now find that since his resignation the people of North Tipperary, particularly of Roscrea, Toomevara, Cloughjordan and Lorrha are seeking to have their grievances attended to and remedied by Deputies of the adjoining constituency. That is wrong.

(Interruptions.)

Deputy Flanagan should be allowed to continue without interruption.

Deputies

What about Deputy John Ryan?

(Interruptions.)

The Taoiseach has indicated that because of the failure of the National Coalition Government to fill the vacancy created by the resignation of Deputy Richard Burke, in similar circumstances, he has an excuse for a deliberate delay in giving the people of North Tipperary their constitutional right of full parliamentary representation. They are being deprived of that and that shows contempt not alone for those people but contempt for the full legal and constitutional representation of the House. We all believe in parliamentary democracy and in the full implementation of the rights of our democratic institutions and the Taoiseach has not produced any justification as to why immediate steps should not be taken to give the people of the areas I mentioned, who are suffering as a result of the loss of what they considered to be an enthusiastic and energetic Deputy, proper representation here. It is wrong that such people must approach Deputies outside the constituency with their problems. That should be rectified.

What about Deputy John Ryan? He is being put out.

(Interruptions.)

For the record, I should like to say that on Saturdays and Sundays for the past three weeks I had many callers from the North Tipperary constituency, particularly from people who live in Cloughjordan, Lorrha and Roscrea, asking me to attend to their problems.

The Deputy should come into North Tipperary.

The Deputy is lucky that the people of Laois-Offaly do not call in Deputy Ryan.

(Interruptions).

There is no need for me to go into North Tipperary because the people there leave their constituency to seek the parliamentary services of Deputies outside that constituency. That is constitutionally wrong. The Taoiseach has told us that he is ignoring the plea for the filling of the seat because the National Coalition Government did not immediately fill the vacancy caused by the resignation of Deputy Richard Burke. I should like to assure the Taoiseach that there are many other examples of good Government, the headline of which was set by the National Coalition Government, which he would be well advised to copy just as he is endeavouring to do in relation to this matter. There is no justification for depriving the people of North Tipperary of their legal and constitutional representation.

I join with Deputy FitzGerald and other Members in asking the Taoiseach to throw off the shackles of cowardice and come forward and have the by-election so that the people of North Tipperary can get their proper representation here. By failing to fill the vacancy the Taoiseach is guilty of an effort to flout democracy seriously. He is showing contempt for the full membership of the House as a democratic institution which should be protected. A good example should be set by the Government. This is a vital matter because not alone is it an effort to deprive the people of North Tipperary of representation but it is also an effort to flout the rights of the House to full representation. It is wrong and unjust to do so and for that reason the Taoiseach should not lose any time in giving the people of that constituency their right to their spokesman, irrespective of the party he or she represents, in this House. To deprive them of that representation is wrong constitutionally and it is wrong in the interests of a display of concern for the people. I have been a Member of this House for many years but never before have I seen such pressure on all Deputies as they are experiencing at present.

Full representation in Parliament is necessary so that the public are given the services they are entitled to. They should be given such representation so that efforts can be made to set right the many wrongs that exist. It will not be possible to set those things right without the assistance of full parliamentary representation. I hope the Taoiseach will reconsider his attitude. He has not given an adequate explanation as to why the people of North Tipperary cannot have full representation. His excuse was a sham. I have no doubt that he went to considerable trouble and carried out a lot of research to prepare the statement he made this morning in an effort to have an excuse for failing to hold the by-election. As a Deputy from an adjoining constituency I should like to state that it is wrong that the people of North Tipperary should be deprived of their proper representation. For the Government to continue that state of affairs indefinitely is wrong and unjust. I join with other speakers in appealing to the Government to change their attitude and have the vacancy filled. Irrespective of who is elected, the Government should ensure that the full terms of the Constitution in relation to parliamentary representation are complied with.

I am sorry the Taoiseach has decided to adopt this cavalier attitude to the rights of the electorate and the opportunity for an elected representative to enter this House. In my opening few words I mentioned the Government's majority of 20 and the authority and power that the majority gives them. Is it not very sad that it should be used by the Taoiseach against the electorate of North Tipperary to deprive them of their right under the Constitution?

I do not think the significance of the Taoiseach's decision will pass unnoticed. Everybody remembers the whole episode when the Taoiseach won power and his remarkable contribution in winning the Donegal by-election, the amount of energy time and work he put into it, the enormous gratification and satisfaction he achieved in winning the Donegal by-election and the value that was to him and to his party.

Do we not all know full well that, if the Taoiseach and his party knew if they moved the writ and went down to North Tipperary they would win the by-election in spite of the budget and in spite of T. J. Maher, they would gladly do so? It must be unprecedented for a Government who swept into power in the way the Fianna Fáil Party did under Deputy Jack Lynch, with a magnificent majority of 20, to find themselves, under a different leader—and possibly because they are under a different leader—now cowering behind Deputy Jack Lynch's majority of 20 and defending themselves against the electorate of North Tipperary.

The problems now facing the country are much too serious to be allowed to continue. The Taoiseach's decision in refusing to honour his responsibility as the leader of the Government and to allow the by-election to go ahead is reprehensible and shaming, with all his authority and power. As on so many other occasions where he could act on the various aspects of Government—in health, education, housing, and so on—he has used his power to see that nothing gets done. He is a true conservative.

I am putting the question that Motion No. 5 on the Order Paper be agreed to.

I wonder if in the history of the State there was ever a division on a by-election.

Yes, frequently.

A number of times.

Question put.
The Dáil divided: Tá, 40; Níl, 66.

  • Barry, Myra.
  • Barry, Peter.
  • Barry, Richard.
  • Begley, Michael.
  • Belton, Luke.
  • Browne, Noel.
  • Bruton, John.
  • Burke, Joan.
  • Burke, Liam.
  • Cluskey, Frank.
  • Collins, Edward.
  • Cosgrave, Liam.
  • Cosgrave, Michael J.
  • Horgan, John.
  • Kelly, John.
  • Kenny, Enda.
  • L'Estrange, Gerry.
  • Mitchell, Jim.
  • O'Brien, William.
  • O'Keeffe, Jim.
  • O'Leary, Michael.
  • Crotty, Kieran.
  • D'Arcy, Michael J.
  • Deasy, Martin A.
  • Desmond, Barry.
  • Enright, Thomas W.
  • FitzGerald, Garret.
  • Fitzpatrick, Tom (Cavan-Monaghan).
  • Flanagan, Oliver J.
  • Gilhawley, Eugene.
  • Griffin, Brendan.
  • Harte, Patrick D.
  • Hegarty, Paddy.
  • O'Toole, Paddy.
  • Quinn, Ruairí.
  • Ryan, John J.
  • Taylor, Frank.
  • Timmins, Godfrey.
  • Treacy, Seán.
  • White, James.

Níl

  • Ahern, Bertie.
  • Ahern, Kit.
  • Allen, Lorcan.
  • Andrews, Niall.
  • Aylward, Liam.
  • Barrett, Sylvester.
  • Brady, Gerard.
  • Brady, Vincent.
  • Briscoe, Ben.
  • Browne, Seán.
  • Burke, Raphael P.
  • Callanan, John.
  • Calleary, Seán.
  • Cogan, Barry.
  • Colley, George.
  • Collins, Gerard.
  • Conaghan, Hugh.
  • Coughlan, Clement.
  • Cowen, Bernard.
  • Crinion, Brendan.
  • Doherty, Seán.
  • Fahey, Jackie.
  • Farrell, Joe.
  • Filgate, Eddie.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom. (Dublin South-Central).
  • Fitzsimons, James N.
  • Fox, Christopher J.
  • French, Seán.
  • Gallagher, Dennis.
  • Geoghegan-Quinn, Máire.
  • Haughey, Charles J.
  • Hussey, Thomas.
  • Keegan, Seán.
  • Kenneally, William.
  • Killeen, Tim.
  • Killilea, Mark.
  • Lawlor, Liam.
  • Lemass, Eileen.
  • Lenihan, Brian.
  • Leonard, Jimmy.
  • Leonard, Tom.
  • Leyden, Terry.
  • Loughnane, William.
  • Lynch, Jack.
  • McEllistrim, Thomas.
  • McSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Moore, Seán.
  • Morley, P.J.
  • Murphy, Ciarán P.
  • Nolan, Tom.
  • Noonan, Michael.
  • O'Connor, Timothy C.
  • O'Donoghue, Martin.
  • O'Hanlon, Rory.
  • O'Malley, Desmond.
  • Reynolds, Albert.
  • Smith, Michael.
  • Tunney, Jim.
  • Walsh, Joe.
  • Walsh, Seán.
  • Wilson, John P.
  • Woods, Michael J.
  • Wyse, Pearse.
Tellers: Tá, Deputies L'Estrange and B. Desmond; Níl, Deputies Moore and Briscoe.
Question declared lost.

(Cavan-Monaghan): Now we know the true value of the Donegal win. It indicated nothing.

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