Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 25 May 2010

Vol. 710 No. 1

Electoral Representation (Amendment) Bill 2010: Second Stage

I move: "That the Bill be now read a Second Time."

With the permission of the House, I will share my time with Deputies Maureen O'Sullivan, David Stanton and Jim O'Keeffe.

The purpose of this Bill is to ensure that the citizens of the Republic of Ireland are fully represented in Dáil Éireann. The Bill will prevent any Government from blocking the filling of vacant Dáil Éireann seats as a tactic to protect its own narrow majority. The people in every constituency in the Republic of Ireland have a right to full democratic representation in their national parliament. That is what Deputies are elected to do at general elections. It is incumbent upon us, on all sides of the House, to look to the future rather than seek precedents in the past. We must take this situation out of the realms of party political consideration and move to give the people in any constituency an opportunity to be fully represented within a defined period of time. Fine Gael proposes that period should be six months.

Preventing full democratic representation damages the reputation and integrity of Irish political institutions. This is a wrong that could be put right by the acceptance of this legislation. The Bill will ensure the relevant writ will be moved by the Clerk of the Dáil, on instruction from the Ceann Comhairle, in any by-election where the vacancy has existed for six months.

There is a more important reason to have an electoral mandate in those constituencies. The Government, which is made up of Fianna Fáil, greens, Independents who were Progressive Democrats Members in their former glory and those who were elected as Independents, has no popular mandate from the people of Ireland. This grouping of parties and Independents was never put to the Irish people. It was cobbled together in the aftermath of the 2007 general election by a Taoiseach who is now recognised as having brought this country to its knees, Deputy Bertie Ahern. Those who caused the economic collapse of the country are not those who will get us out of it. There is no mandate for the Taoiseach, who predicted that we would have a soft landing and that the temporary economic dip would be short-lived. The response to the banking crisis, in particular, has the potential to cause lasting economic damage for generations. The banking bailout scandal will end up costing the State €73 billion and includes bailing out zombie banks such as Anglo Irish Bank. These banks will most likely never recover and the taxpayer will never see its money again.

Our national debt is spiralling out of control, leaving a huge burden for future generations and leaving the country vulnerable to international speculators, but massive Government tax increases and cuts in investment in recent budgets are not the solution. At more than 14% of GDP, Government borrowing will be the highest in Europe this year, partly because of the huge bailout for Anglo Irish Bank, and the national debt is likely to break through €100 billion by the end of this year. This is almost a four-fold increase since 2007 and does not even include the additional €43 billion bailout by NAMA for the banking system. Unless we fix the public finances, within a decade Ireland will end up spending twice as much on debt servicing as on education.

By adopting policies that are destroying jobs, this Government is chasing its tail. The 16% increase in taxes in 2009 made Ireland a less attractive place to work, to invest and to do business. That is why tax receipts fell by €10 billion and are expected to fall again this year. The €4 billion in cuts announced in December will be offset by higher debt servicing costs and welfare payments to the unemployed.

We cannot go back to the well this year to look for more tax increases or cuts in the capital programme, social welfare rates and public sector pay. This will not help the disposable income required to contribute to national recovery. Before the last budget, Fine Gael put forward constructive suggestions for the creation of employment. We are the first Opposition party to put forward €4 billion of choices we would have made, unlike what Fianna Fáil did when it was in Opposition during a time of national crisis in 1982-87. I am sure the Minister will acknowledge this. Old style politics changed some time ago. We recognise that but, unfortunately Fianna Fáil did not do so when a similar situation arose in the 1980s and since.

Eighteen months into the credit crunch, the Government's policy of "writing whatever cheques are necessary" to bail out delinquent banks like Anglo Irish Bank is not fair, not prudent and not working. It is making the recession here deeper and longer than in other countries. Because of the Government's mismanagement, the Irish crisis has been longer and more expensive than in almost any other country. The bailouts announced to date will double the national debt and are equivalent to adding €50,000 to every family's mortgage. The credit crunch continues here, long after it has ended elsewhere. The Minister knows that lending to small businesses decreased from €33.6 billion in February 2009 to €32.7 billion in September 2009, or by 2.6%, according to the Mazars report of December 2009. A recent UCC study estimated that 60% of small businesses have been refused credit by the banks. This flies in the face of what the Minister for Finance has been continually telling us, that the reason for the bank bailout and for the National Asset Management Agency is to get credit flowing again and to make sure businesses got the necessary financial resources to keep people in employment and to create new opportunities. That is not happening. The repeated claims by Government that these taxpayer bail-outs are necessary to finance new lending to Irish businesses are false. Seventy-five percent of the money the Government is proposing be used to recapitalise our banks is now going to Anglo Irish Bank and Irish Nationwide Building Society, dead banks that will not get one cent of new credit flowing or finance a single new job.

AIB and Bank of Ireland have faced down the Government and have been given until the end of the year to raise new capital. Bank of Ireland is making progress but AIB has made no progress. In the meantime, these banks will be hoarding their capital and squeezing their customers to try to protect their independence while the uncertainty regarding the ultimate taxpayer commitment to these banks will go on. The truth is that an incompetent and complicit Government has been strong-armed by the banks into bailing them out at massive long-term risk to the taxpayer, without any benefit in terms of supporting Irish businesses and households and without any mandate from the people.

Through all of this we have not heard one word from the Government about job protection or creation, except for the odd scheme here and there that, as we discovered in recent days, is not working or, in some cases, has not even been implemented. Bailing out our reckless banks is the only priority. A book-keeping exercise to keep the EU Commission happy is the Government's priority. It seems bailing out the 440,000 people unemployed in our country is much less urgent.

These are the issues which should be put to the people in a national election. However, we are long enough in politics to know we are unlikely to get a national election in the near future. The Government of Fianna Fáil, the Green Party and Independents will cling on as long as it can to ensure it will not have to face the wrath of the electorate.

The Government does not have the necessary mandate to take the types of decision and to make the choices that are essential to give us hope for the future and to tackle the underlying problems. The public want the opportunity to make that judgment. In a recent poll in The Irish Times, 80% of people indicated that they wanted to see an election and the by-election seats filled.

If the Government does not want to give the people a national election, it should at least ensure full democratic participation and representation in each of the 43 constituencies in which the people voted in 2007. The constituents of Donegal South-West, Waterford, and Dublin South, where there are vacancies, are entitled to have their seats filled at the earliest possible opportunity. By-elections in those constituencies would give the Government an opportunity to put its policies to those electorates, see what their verdict will be on its economic policy and prove that it has a mandate to carry on. If the Government is confident that it is moving in the right direction and making the right decisions to deal with the country's economic and social difficulties, it should have no difficulty in asking the electorates of the constituencies where vacancies exist to cast their judgment on those policies.

I ask the Green Party to back up its recent public musings on by-elections. It will have an opportunity tomorrow night to vote for a Bill that will reform our political and electoral system. There was much in the party's manifesto prior to the last election, in the subsequent review of the programme for Government and in various national conference speeches by the leader of the party, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to the effect that he would force Fianna Fáil to introduce unprecedented electoral and political reforms. These include banning corporate donations, changing the system of local and national government, changing the way in which we raise money locally for local government and giving autonomy to local councillors to implement those changes. Although the Government has been in office for three years, we have still not seen the promised White Paper on local government reform. In the same period, we have not seen any ban on corporate donations, except another promise to ban them in the revised programme for Government. Three years into the Government's term in office, we have not seen any electoral commission established or any electoral reform proposed by the Minister for the Environment, Heritage and Local Government. He talks the talk but does not walk the walk. Either he is not able to get his policies through the Cabinet or Fianna Fáil is deliberately blocking their implementation. When he gets an opportunity, he should state which is the case. As somebody who has talked a lot about electoral reform, he has delivered very little.

There has been a vacancy in Donegal South-West since 5 June 2009, 11 months and 21 days ago. There has been a vacancy in Dublin South since February and in Waterford since March. Although these vacancies exist, we should look to the future by establishing in the legislation a finite period in which by-elections must be held. Six months is reasonable but if the Government proposes another period we will be certainly glad to hear it. However, we are hearing nothing from the Minister on this issue. Perhaps during the course of this debate, he will give us not just his musings on the matter but also his thoughts, hard won through the Cabinet.

The Minister mentioned a mayoral election recently and actually wants a Super-Tuesday-type election in the autumn. According to this model, the mayoral election to be held in Dublin, the by-elections, and even the referendum will have to be held on the same day to ensure cost-effectiveness and efficiency. Consistent with this view, I take it the Minister has no principled opposition to what we propose on this side of the House tonight. The by-elections will inevitably reduce the Government's slim majority but it will still have a majority of three. A Government with a majority of one soldiered on from 1973 to 1977 and was very successful. There was low inflation. Even the leader of the Fianna Fáil Party, Mr. Jack Lynch, acknowledged it was a very successful Government, obviously when the next election was over. He proceeded to wreck the country with the 1977 manifesto, which he implemented.

The Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, stated recently on RTE that he would prefer all elections to be held in the autumn of 2010. Perhaps he will support this Bill in the House.

The most important Green Party musing is that of Senator Dan Boyle, chairman of the party. He stated on radio the by-elections should not be held as they would undermine the Government's mandate. The Government has no mandate, nor does the Senator. He was rejected by the people of Cork and got in through the back door as one of the Taoiseach's 11 nominees under the list system that we have called Seanad Éireann. He is now deciding what Government policy should be on behalf of his party. What does he mean by saying the by-elections would undermine the Government's mandate? The people of the constituencies in question are entitled to full representation. Neither Senator Boyle nor anyone in the Green Party should be in a position to prevent the people of Dublin South, Waterford and Donegal South-West from having full representation in the House.

The Dáil arithmetic may be difficult for the Government but it will still have a majority if the by-elections are held. The fundamental principle of what we are trying to enshrine in this Bill, and in respect of which we are seeking support in the House, is that there should be a finite period in which any casual vacancy that arises in a constituency must be filled. I ask the House to support this measure as a modest electoral reform.

I wish to share my time with Deputy Finian McGrath.

Is that agreed? Agreed.

I acknowledge the role of the Fine Gael Party and Deputy Hogan in my being able to contribute tonight. It is an injustice in our system that I am not able to do so in my own right. Last Thursday, I proposed an electoral (amendment) Bill similar to this but the system precludes me from advancing it at this time. Hence, it is Deputy Hogan's Bill we are debating now.

I was elected in a by-election and, therefore, have first-hand experience. It was the death of my predecessor, the late Mr. Tony Gregory, that caused the by-election in Dublin Central. Mr. Gregory, as Members know, was a tireless worker in the constituency, as was borne out by the fact that he was re-elected consistently over 27 years. His death on 2 January 2009 meant that Dublin Central was left without one of its entitlements. Four months passed and these comprised a time of anxiety and uncertainty in the constituency for Mr. Gregory's constituents and his supporters. At that stage, Dublin South had been without its full complement of public representatives for a much longer period. Today Dublin South is again without a Deputy, as are Waterford and Donegal South-West. We are approaching the first anniversary of Donegal South-West lacking its full entitlement.

We either believe in our parliamentary or democratic system or we do not. If we do, we should ensure all our constituents have their full entitlement of Deputies. Are we approaching a system similar to that affecting public sector workers in that when one leaves a post, one is not replaced? It appears this is the system in the Dáil.

I have heard of by-elections as the wrong way to fill a Dáil vacancy and that they are a distraction from the work and business of governing and policy-making. This time last year, I was in the middle of a by-election campaign in Dublin Central. There was also one in Dublin South. This did not equate with political instability and I did not see the country grinding to a halt. The Dáil continued its business, the Government governed and the Opposition opposed. The by-elections came and went and Dublin Central and Dublin South then had their full complement of Deputies.

Alternatives to by-elections are suggested. Options are to choose the next person in line from the most recent election, or to avail of the count-back system or co-option. Co-option would be just a further accentuation of the political dynasty syndrome in the Chamber. A by-election is the fairest and most democratic way to fill a vacancy. I cannot understand why we do not have legislation on this issue. My Bill sets time limits, both minimum and maximum, for the holding of by-elections.

What is holding up or preventing the by-elections? I read an article in a newspaper at the weekend in which the correspondent stated by-elections are "undemocratic and their outcomes unrepresentative because they give voters in a particular constituency a distorted electoral impact." Are we in a democracy or just paying lip-service to it? It is the right of the voter in a democracy to vote for the candidate of his or her choice. It appears we are afraid of democracy.

Moving the writ for the by-election is at the whim of the political party or parties in power, and they do so at a time of optimum value to them. This is not good enough and not democratic. It is not just or fair to leave a constituency bereft of its entitlement. To the contention that there is a strong trend whereby by-elections produce results against whatever parties are in Government, I say, "So what." There is no just, valid or fair reason for depriving a constituency of its full complement of public representatives. The present Government may not want by-elections in the foreseeable future in terms of political benefit or otherwise, immediate or long-term, but it may be in opposition at some time and clamouring for a by-election. Moving the writs for by-elections should be out of the hands of the political party in power and made subject to legislation. By achieving this, we would eliminate uncertainty and doubt and circumstances in which constituencies do not have their full complement of Deputies.

I would obviously prefer to be developing my own Bill but at this point I am supporting Deputy Hogan. I appeal to all Members, regardless of the political party to which they belong, to support the Bill in the interests of fairness, justice and democracy.

I am grateful for the opportunity to address the important matter of by-elections and I thank and commend Deputy Maureen O'Sullivan for raising this matter. She is following in the great tradition of the late Tony Gregory, who we miss in debates such as this. However, the legislation is about the need for people to be able to elect their own Deputy. Blocking or postponing an election should never be an option in a so-called "free society". This is almost as bad as preventing Independent Members from speaking in the House. The country and the Dáil are either democratic or they are not. It is apparent the House is not and this is a national scandal, particularly in these difficult times when those of us who want to represent senior citizens, the unemployed, public servants and the sick and disabled are prevented from expressing their views and concerns, which is the key to this debate.

Let there be no misunderstanding that the failure to hold by-elections is wrong and it is totally undemocratic. Many of us may not like the results but this is about the people's choice. People died for the right to vote in an independent Ireland, which is something we should all reflect on in this debate. A series of independent candidates will run in the by-elections. For example, an excellent independent councillor is ready to stand and serve in Waterford. Councillor Joe Conway has a great local record and a great vision for the country. I urge people to be independent and to vote independent.

These by-elections are necessary. Thousands of independent councillors work for their constituents without recourse to political party structures all over Europe. More than 120 independent councillors were elected in the last local elections in Ireland. I believe that independent representation, free from political party influence, is more likely to be closer to the people and more responsive to their expectations than local authorities and the Government. It is important that independent candidates hold their nerve in the broader debate and are not bullied by the major political parties.

Currently, a time limit or other compelling factor cannot be used to require a by-election to be held when a seat becomes vacant due to the death or resignation of a sitting Deputy. Article 16.2.2° of the Constitution requires that there be one Deputy for every 20,000 to 30,000 of the population. There is no constitutional reason the law or Standing Orders should fail to provide that a by-election be held within a specific period of a casual vacancy occurring. The purpose of the legislation, which I strongly support, is to ensure a constituency is not left without a Deputy for an indefinite period. It is the constitutional right of our citizens to be adequately represented in the Dáil. Under the present system, a constituency may be left without a Deputy indefinitely and that is why I urge people of all political persuasions to support the legislation. Some day the Government parties will be in Opposition and by-elections will be on the agenda. They will value the right to ask the people to vote.

It is important that democracy is taken seriously. There is much discussion in the House about reform and the need for radical change in the future, which I support because it is essential, but part of any radical change is support for this legislation. It addresses the issue of democracy and it will give people the right to express their views, particularly in the current economic climate. I urge all Members to support the Bill.

I am glad to support the Bill and I congratulate Deputy Hogan on bringing it before the House.

Article 16.7 of the Constitution puts forward the proposition that casual vacancies of Dáil seats will be filled and this shall be regulated in accordance with law. We want to bring forward a law to ensure such vacancies are filled within six months. It is anticipated in the Constitution that they would be filled and by-elections would take place. The Government or any other government cannot put off by-elections indefinitely. If the legislation is accepted, it will ensure in future that governments of any hue will be obliged to hold by-elections within six months.

Article 28.4.1° of the Constitution states, "The Government shall be responsible to Dáil Éireann". I remind Ministers of this. I examined the role of the executive and the role of parliament throughout Europe and I found that Ireland and one or two other countries have the weakest parliaments in Europe. The Government controls the Dáil almost completely. The Executive decides what is debated, when it is debated and how it is debated. It can guillotine legislation and it sets the agenda, except in regard to Private Members' business, although it even has the power to regulate that or take it back if it wishes. This is not the case in many other European parliaments and it is a dangerous scenario. This is highlighted by the fact the Government can decide whether by-elections are held. Setting the agenda in a parliament is important. For example, the parliament determines the agenda in the Netherlands while in Denmark, Finland, Iceland and Sweden, the president of the parliament, following consultation with party groups, decides the agenda and that cannot be challenged but in Ireland and the UK the government decides the agenda.

With regard to the legislative process throughout Europe, there is either a great deal of government control or little government control. This is interesting because in Ireland, Spain and the UK, a plenary session of parliament decides on principles before committee debate and this leaves little room for substantial change. In other words, the government brings legislation before the parliament and there is little room for debate afterwards. That is not the case, for instance, in other countries such as Austria, Belgium, Finland, Greece, Germany, Iceland, Italy, Luxembourg, the Netherlands, Portugal, Norway, Sweden and Switzerland where committee debates are held before a plenary session presents a final solution. In our Parliament, the Government has huge control and that is not right. We need to redress the balance regarding powers of the Executive and the Parliament.

It has been proposed that the three by-elections, the Dublin mayoral election and the children's rights referendum be held on the same day in the autumn and I agree that should be the case. Some people say that will be a distraction but it would be the opposite because it would focus minds. We have a discerning and sophisticated electorate. Let us give the electorate the opportunity to have their say. Democracy is about rule by the people. When I go into classrooms to talk to students the first comment I make is, "You are our bosses", and we must never forget that. I am concerned that Fianna Fáil has forgotten that the people rule supreme in this State and by denying them their say it is acting like a pseudo-dictatorship, which is serious.

I ask the Government parties to take this legislation on board and in their almost all-powerful position in this Parliament to go along with this for the sake of democracy, which is a fragile flower in any country. It is only right that the people should have their say. If the Government parties believe their policies are right, just and fair, they should not be afraid to put them to the people in the by-elections. That is what democracy is about and the people can decide whether they agree with them. If the Government parties win any of the by-elections, they will have a mandate for their policies. Ultimately, this is what it is about.

Sooner or later the Government will have to face the people. My challenge to the Government is to do it sooner rather than later. Let us do it this year, in the autumn, before the weather gets too bad to enable people to canvass and so on and especially if we are to have the all-important children's referendum, which should be held at the same time.

I have been talking about Dáil reform here for quite some time, including reform of the procedures of the House. That is another angle to this. The Government has been talking about this since I came here, 13 years ago, but nothing has happened. Even the Taoiseach throws his hands in the air quite often and says the Dáil's procedures should be changed. It is in his hands to work with us to change the procedures in here, to make the House work better and make it more efficient and effective for the people we all serve. We are the servants of the people, not their masters, and Fianna Fáil would be very wise to remember that.

I am pleased to support the Fine Gael Bill so ably proposed by my colleague, Deputy Phil Hogan. I should mention the companion Bill, at the same time, as proposed by the Independents, Deputy Maureen O'Sullivan and co-sponsored by Deputies Joe Behan and Finian McGrath. Essentially the principles in both Bills are the same.

Fine Gael believes there should be a provision whereby the by-election would, by law, have to be held within six months of a vacancy arising. Deputy Maureen O'Sullivan's Bill would require the by-election to be held not less than three months and not more than six months after the declaration of a vacancy, so essentially the Bills are very much along the same lines.

What is happening at present is contrary to the spirit of the Constitution. It could be strongly argued that it is also contrary to the letter of the Constitution. Article 16 deals with the issue of membership of Dáil Éireann and Article 16.2 provides that the number of Members shall, from time to time, be fixed by law, but the total number shall not be fixed at less than one Member for each 30,000 of the population. That is a fixed provision in the Constitution.

Article 16.2.3° deals with the ratio between Members and clearly states: "The ratio between the numbers of members to be elected at any time for each constituency shall, so far as it is practicable, be the same throughout the country". At present, because these three by-elections remain outstanding, the ratio per Member in Donegal South-West is 35,519. That population is being shared between the two surviving Members in that constituency. The ratio in Waterford is 35,510. Both are in breach of the constitutional requirement as regards the 30,000 of the population per Member. In Dublin South the current ratio is 29,676, marginally below the 30,000 figure. In this situation where there are three by-elections outstanding and we have these constitutional requirements regarding the maximum population applicable to the membership of the Dáil as well as the requirement to have the ratio as far as practicable uniform throughout the country, I would say the Government is in breach of the Constitution by its refusal to agree to by-elections being held.

The longer this continues the clearer the breach is and in the event, there is a constitutional imperative on the Government to agree to hold these by-elections. The way to do it is to provide for it by law — either agree them or have a provision in our laws as to the time they are to be held.

There is a provision in the Electoral Act, but it does not specify the time limit. Therefore, the purpose of the Fine Gael Bill is to provide for that time limit and that is what we are asking the House to do tonight. Article 16.7 covers this issue when it states: "Subject to the foregoing provision of this Article, elections for membership of Dáil Éireann, including the filing of casual vacancies, shall be regulated in accordance with law". It does not say "may be", but "shall be" regulated in accordance with law. Again, there is a constitutional requirement to this effect.

The various provisions I have mentioned do not provide for any discretion but rather indicate that since that is the situation, this is what shall be done. The Government is not compliant with those provisions. On that basis I would ask it to think twice about any opposition it might have to this Bill or to the holding of these by-elections. I will say, clearly, that somebody will go to the Supreme Court on this issue with a very arguable case on the points I have made.

How we are to hold by-elections is a matter for debate. We are discussing that in the Joint Committee on the Constitution where we be will talking again, tomorrow, on some of these issues. We have the traditional PR-STV system in Ireland and we have had some very good contributions from various people as to whether that system should be changed. It is interesting that Professor Michael Gallagher of TCD has looked at the count-back systems in Malta and Tasmania, which would not work here at all. He is also looking at co-option, such as what we have with local authorities, and the European Parliament system, which is perhaps the one we might opt for if we were to change. He summed up by saying: "It may be that, to paraphrase Winston Churchill on democracy, by-elections are the worst possible method of filling casual vacancies in this country, with the exception of all the others".

We shall be hearing more of this in the committee on the Constitution. There was also a very interesting article by Professor Gary Murphy of DCU. He gave interesting evidence to the committee covering the history, background, practicalities and possible alternatives. Ultimately, his submission concluded that filling casual vacancies via PR-STV might be as good a method as any.

That is the method but the question is more about procedure, the process and, most importantly, the timing. It is no good to have a process on which ultimately we all agree unless it can be triggered. There is no procedure in law at the moment for triggering that process, other than by way of a vote in the House — and this can be postponed indefinitely.

I do not intend to go into the Government's reasons for its approach to this issue. It is clear that this Government is clinging on by its fingernails, afraid of its life to face the people on any issue. The ludicrous spoofing we heard when the writs were moved would pass for comedy, but I am not getting into that.

What the Government is doing in regard to this issue is in breach of the Constitution. There is a constitutional imperative that by-elections should be held within a reasonable time. The Government is breaching that and, in regard to both the spirit and the letter of the Constitution, it is not acting constitutionally.

Is that agreed? Agreed.

I am pleased to have the opportunity to address the Dáil this evening on the question of by-elections and other electoral matters. It gives me a chance to clarify the Government's position and to dispel some of the myths that have been floated by our colleagues on the Opposition benches.

How would the Minister know if any myths have been floated tonight? He was not here to listen to the speeches.

I had the pleasure of watching the Deputies on the monitor.

The Minister should have been here to listen to what we had to say. He has no respect for the House.

The Minister without interruption.

The Opposition Members have lately begun talking about electoral reform, and the party opposite has produced some modest proposals in that regard. However, today its members have decided to introduce a Bill that focuses on a single issue in isolation from all other aspects of electoral reform. The proposal would serve only to remove the discretion of the Dáil and diminish the role of the national Parliament. One has to wonder why they never thought to introduce such a measure when they had the opportunity to do so in Government——

Why does the Government not do it now?

——if they considered it so important.

Why does the Minister not do it himself now?

Please allow the Minister to speak.

This Bill proposes to amend section 39 of the Electoral Act 1992 to compel the holding of a by-election not later than six months after a vacancy occurs. The Bill recognises and retains the reference to the role of the Dáil in directing that a by-election be held but then swiftly undermines that role by forcing the Dáil to act within six months. This mechanical approach to holding by-elections does not take account of unforeseen events or prevailing circumstances which may not be conducive to holding elections within that time frame. I can think of two emergency health situations in recent years — swine flu and foot and mouth disease — which could have led to the deferment of elections.

The Minister dug deep for those.

We do not have control over such matters and must be able to respond appropriately. It is necessary that we retain the flexibility that allows our elected representatives to make the necessary judgment call as circumstances require.

There is no swine flu now.

Members of this House are democratically elected by the people. I see this Bill as diminishing the role of our national Parliament and I disagree with the approach in the Bill.

In any event, this is an issue which should be addressed as part of a wider systematic review of the electoral system and not in a piecemeal and isolated way as proposed in this Bill. My commitment and that of the Government to electoral reform is on the record and is reflected in the agreed programme for Government. Our electoral reform programme is ambitious and wide-ranging, covering legislative reform, institutional development, Oireachtas reform and major changes in local government. We have already delivered on some of these commitments. I published the Green Paper on local government, Stronger Local Democracy — Options for Change, in April 2008. This was followed by an extensive programme of national consultation for the purpose of informing the preparation of the White Paper on local government. A dedicated Cabinet committee is finalising the major strategic issues for inclusion in the White Paper, which will be published as soon as possible following the completion of the committee's deliberations.

As Members of the House know, the Green Paper proposed a regional mayor for Dublin to meet the strategic challenges faced by the city and county. In February of this year, I published for consultation the general scheme of the legislation to provide for such a mayor. It is my intention that the election of the mayor should take place this year.

Is it Fianna Fáil's intention?

I look forward to the introduction of the Bill to the Oireachtas as soon as possible.

I agree with that.

Last year the Government moved swiftly and decisively to enact legislation which regulated, for the first time, spending and donations at local elections; all in all, that was a good day's work.

The programme for Government envisages that an independent electoral commission would take responsibility for electoral administration and oversight, implement modern and efficient electoral practices and revise constituency boundaries. The commission would take charge of compiling a new national rolling electoral register, take over the functions of the Standards in Public Office Commission with regard to election spending, and examine the issue of financing in the political system. The commission would also be invited to examine and make recommendations for changes to the electoral system for Dáil elections, including the number of Deputies and their means of election. Issues to do with by-elections, such as how they might be triggered — and, indeed, the merits or otherwise of filling casual vacancies by way of by-elections or by alternative means — would be pertinent to such an examination. I will return to the issue of by-elections and electoral theory, as this is critical to the debate.

To assist in the consideration of the issues involved in the establishment of an electoral commission, I commissioned a report by an expert group from UCD, and I published the preliminary study for comment 12 months ago. I must say that the response to the consultation was somewhat disappointing. While the formal closing date for written submissions has passed, I still welcome and will consider any views and observations offered by interested individuals or organisations. I note that the Fine Gael Party did not make a submission to the expert group.

The preliminary study prepared for me by the UCD group gives an overview of the present arrangements for electoral administration in Ireland and an examination of the position in other countries. It suggests options for an electoral commission in Ireland and draws some conclusions.

The key findings of the UCD report are that the proposed electoral commission should be responsible for maintaining the register of political parties; it should also assume responsibility for the electoral register with a view to introducing a rolling, individual register; and the functions currently carried out by the constituency commission for Dáil and European elections should be transferred to the electoral commission. The study notes that current Irish arrangements for the administration of nominations, polling schemes, the polling process and the counting of votes have several distinct advantages. It states that the devolved character of the process is the key to its success and recommends that it should not be tampered with. Even with the establishment of an electoral commission, therefore, we could still be in a situation in which electoral administration would be the responsibility of a number of bodies.

The report recommends that, pending the outcome of a review of the law relating to the regulation of party and election funding, a single body should combine the functions currently performed by the Standards in Public Office Commission and the registrar of political parties, and that the final powers and functions of the electoral commission with regard to party and election funding should be determined by the Oireachtas following a review undertaken by the commission and Oireachtas review of its recommendations in that respect.

The report recommends that an electoral commission be given the power to conduct and commission research. The report notes that the electoral commission would be independent in the performance of its functions, but that any such provision should not preclude an appropriate degree of accountability on the part of the electoral commission to the Minister for the Environment, Heritage and Local Government and to the Oireachtas. It recommends that certain specific policy-making functions should be reserved to the Minister; for example, fixing the date of polling, deciding whether to approve a specific form of electronic voting recommended by the commission, or proposing changes to the electoral system. In those specific cases, the role of the commission would be to advise the Minister.

The Government's commitment can be set out in two parts: the reform of electoral administration, and electoral reform. With regard to the former, it is intended that the new electoral commission will take responsibility for electoral administration and oversight and implement modern, efficient practices for the conduct of elections. It would become a standing constituency commission for the revision of constituency boundaries and would decide these boundaries. It would take charge of the compilation of a new national rolling electoral register, administer the voter registration process and run voter education programmes. It would assume the functions of the Standards in Public Office Commission with regard to electoral expenditure and would be provided with enhanced powers of inspection.

With regard to electoral reform, it is intended that the new electoral commission will examine the issue of financing of the political system and recommend revised guidelines on the declaration of donations for political purposes. It will advise on mechanisms to increase the participation of women in political life, including the use of additional criteria for public funding which encourage more women and less well represented groups. In addition, it will make recommendations on the feasibility of extending the franchise for presidential elections to the Irish abroad and make recommendations on the possibility of extending the franchise for local elections to those aged 16 or over.

The establishment of an independent electoral commission is not an insignificant move, and new legislation will be required to establish it. For example, amending legislation will be required to transfer to the electoral commission a range of roles and responsibilities including those assigned to the Standards in Public Office Commission in electoral law, the roles and responsibilities of the constituency commission and the roles and responsibilities of the Minister for the Environment, Heritage and Local Government. This will require changes to more then 20 primary Acts and to the associated regulations.

The UCD study recommends that an electoral commission should be established through the enactment of an electoral commission Act. This Act would amend and consolidate the law in this area, bringing together the law relating to referenda and elections to local authorities, Údarás na Gaeltachta, the European Parliament, Dáil Éireann, Seanad Éireann and the Office of the President of Ireland. This would be a major task and it is part of our considerations. However, while putting in place the necessary groundwork for the electoral administration remit of the electoral commission will take time, I do not want to see the electoral reform agenda delayed unnecessarily. For this reason I am now giving consideration to establishing an electoral commission on a non-statutory basis to report on the electoral reform agenda set out in the renewed programme for Government.

That is being done three years too late.

The Oireachtas Joint Committee on the Constitution has an important and valuable input to our overall electoral reform considerations. In the course of its examination of the system used for the election of Members of Dáil Éireann, the committee has considered issues in respect of the administration and functioning of Ireland's electoral system generally. I was glad to have the opportunity to make a presentation to the committee last March and to hear members' views. I look forward to the committee's report.

Returning to the issue of by-elections and electoral theory, it is interesting to note the views of electoral experts who appeared before the Oireachtas Joint Committee on the Constitution last February with regard to the filling of casual vacancies in the Dáil by way of by-elections. There are strong arguments in principle against having by-elections at all in a situation where parliament is elected by proportional representation. It was noted at that committee hearing that it is relatively unusual for a country that uses proportional representation to fill casual vacancies in this way. The argument is that all electors in the State voting at a general election determine the composition of parliament and the representation of each party in it. Therefore, it is not appropriate that the balance of representation should be changed by the electors of one constituency who may make up less than 2% of the total electorate. By-elections can and do change the balance of parliament, bring down governments and precipitate general elections.

There is the answer; the Government is afraid.

That said, a key argument for retaining the current system is that it is easy for voters to understand.

There are various alternative systems available but, as with all systems, there are arguments for and against. One of the alternatives considered by some experts to be perhaps the most feasible is the method used in the European Parliament elections, as provided for in the European Parliament Elections Act 1997. It involves parties putting forward a list of substitutes, with the first on the list stepping up in the event of a casual vacancy. The obvious advantage of this for Ireland is that there is no delay in filling the casual vacancy and the inter-party balance in the Dáil would not be affected. On the other hand, the list system is open to potential abuse and could be used, at least theoretically, to parachute a relatively unknown person into the Dáil on the back of a popular candidate. Another alternative, advocated by some, is the count-back method which would involve revisiting the ballot papers for the original general election. I understand this method is used in Malta and I look forward to seeing whether the joint committee makes any suggestions on it in its forthcoming report.

As I said, there are many alternatives and there may be more than those to which I have adverted. However, I appreciate that this is not the forum to debate the merits of different electoral systems. My intention is to give a flavour of the detailed analysis and debate that is required in deciding on how best to take forward our approach to by-elections. I am not persuaded that tinkering with the by-election provisions in the existing legislation, without fundamental electoral reform, is the best option. It is not practical to talk about piecemeal change without having regard to the wider implications. This proposal needs more measured consideration as part of a broader systematic review of the electoral system. Moreover, the Government would not be serving the public interest, nor the democratic process itself, if it accepted the Bill without sufficient thought, planning and consultation.

As I said, the Oireachtas Joint Committee on the Constitution is due to publish its report on the election of Members of the Dáil shortly. Given the detailed debate and expert analysis of electoral theory and systems undertaken by the committee, I expect its work to provide a valuable contribution to the debate on by-elections. I await that report with keen interest. I hope the Opposition parties will show a unified approach and a willingness to engage on the wider electoral reform agenda that will best serve the needs of the country in the coming years. I am open to consideration of longer term options in regard to the broader electoral reform agenda and will not be drawn on hasty proposals that could have unintended consequences down the road. For the reasons I have set out, I do not accept the Fine Gael Private Members' Bill currently before the House.

In respect of the three by-elections currently outstanding, I have made my personal views on the timing of these polls clear on a number of occasions. These matters will, however, be discussed by Government and will ultimately be a matter for the Oireachtas to decide.

I am pleased to have an opportunity to contribute to the debate on the Bill, although the Minister's fine speech has left little for me to say. As per tradition, I thank the Opposition spokesman, Deputy Hogan, for his work on the legislation. In one sense I cannot wait to see, if and when Deputy Hogan becomes Minister for the Environment, Heritage and Local Government in a different type of government, what actions he takes in this area. In this instance, I suspect he would do exactly as the Minister, Deputy Gormley, has done. However, we may have to wait a while to find out whether I am right.

I do not want to say anything that will get me in trouble but having listened carefully to the contributions by Deputies Finian McGrath and Maureen O'Sullivan, I am eager that some accommodation be found, although I am aware that other Independents may have a different view. I genuinely support calls for Independents to have more opportunities to contribute. I am genuine in saying this. It has often been said of me that I should have been an Independent community candidate. It is still said of me in Tallaght that I would probably top the poll in the next general election were I to stand as an Independent community candidate. I do not take that view, however, and I am quite happy in the party I am in. It is something I feel strongly about. The Minister gets many mentions throughout my constituency of Dublin South-West and I am aware he gets many e-mails from people in Tallaght on planning issues. He is well regarded in the area; people know his name and are happy to correspond with him.

The Minister referred to Green Party policy on the mayoral election in Dublin and the need for a directly elected mayor to meet what he described as the strategic challenges faced by the city and county. I am glad he mentioned the county because sometimes when people talk about Dublin they are referring only to the city. People think I was born and bred in Tallaght — I wish I was — but I was actually born in Dublin city. During the election a constituent remarked that having been in Tallaght for 40 years, I really had not been there long at all. That is my background.

I feel strongly about the region because Dublin is about Dublin city, Fingal, Dún Laoghaire and particularly south County Dublin where I now live. I was proud to be the millennium cathaoirleach of South Dublin County Council in 1999. Members will be amused by my recollecting that I was about eight weeks into my stint when I had a heart attack, which slowed me up somewhat, although Chris Flood believed it was a great political move. I am being flippant because it was a demanding period for me, but I have never looked back politically. It did not do me any harm and, thank God, my health is good.

I have always taken a major interest in my own Dublin region. The Minister will be glad to know I have no ambitions to be Dublin mayor.

I wish the Deputy would go for it.

The Minister is very good. I take it as a compliment to my work when people say I should run for it. I read articles in magazines and in The Irish Times, and therefore it must be true, listing me with revered big-name candidates. I do not say that in a virtuous way but I take that as a compliment to my work. I am happy to be a Fianna Fáil Deputy based in Tallaght and looking after the people of the whole of Dublin South-West, which is my focus, but I will be supporting the Minister’s views on the election for Dublin mayor. I look forward to that legislation and I give the Minister a guarantee that I will speak up for him when it comes forward.

I feel strongly about the position in that regard. I look at other cities including New York, for example, where the mayor made a huge impression at the weekend. It proves that the work can be done. Boris Johnson appears to be a nice man too. I recall exchanging correspondence with him when he was running for election and he told me he was interested in the development of the job. He expressed a view about the Irish vote in a hand-written note. The system and the model must be good.

I had not intended to pick on Fine Gael because it is a nice quiet evening and I do not want to do that but listening to the Minister and the debate earlier I am reminded that my colleague, the Chief Whip, Deputy John Curran, spoke last week about political opportunism with regard to the Waterford by-election while at the same time not mentioning Dublin South. I can talk about Dublin South because I share a boundary and live close to it.

I had a high regard for George Lee. I got into some trouble with Deputy Hogan's colleagues for offering him a desk at the time when he was under some pressure.

Now we know what went wrong.

There is a whole issue about big name candidates, and I know that issue will crop up in the mayoral election. I often say that I am neither a pretty face nor a big name and therefore I have to do things differently but I have no difficulty with pretty faces and big names being elected to this House. I will not argue one way or another. One of the things I find about this Dáil is that we are a broad church, even within parties, made up of all sorts of different personalities. I find a lot in common with colleagues not only on my benches and those of the Green Party but on all sides, which is fair enough.

The Minister made reference also to the report of the Oireachtas Joint Committee on the Constitution, which he tells me is expected next month. The committee, under the skilled chairmanship of my colleague, Deputy Seán Ardagh, examined the system used for the election of Members of Dáil Éireann. I was a contributor to that work, along with many others, and it will be fascinating to see what the report states and how they grasp the various nettles which must be grasped in regard to that issue. I wish Deputy Seán Ardagh and all his colleagues well in that regard.

In that context I am reminded that there is a commitment in the programme for Government of Fianna Fáil and the Green Party to consider options for the timing of local authority, Dáil, Seanad and European elections and that this should include the possibility of mid-term elections and running some elections on a staggered or rolled basis to ensure elections do not fall on the same date for every candidate or chamber. I am not sure whether I can get my head around all of that but I look forward to the Minister's proposals in that regard.

I was first elected to Dublin County Council in 1991 and without an election became a member of South Dublin County Council in 1994. An election was not held until 1999. Who wants an election? The Deputies opposite can point their fingers at me and say I did not protest at the time but nevertheless I thought it was a very long period. I am aware there were reasons for that. It was about the reorganisation of local government. There were three different Governments in place during that period and there were issues to be dealt with but I felt at the time that it was too long a period without an election.

The Sinn Féin leader made the point some weeks ago during the general election in Britain — I do not say this in a mischievous way — that elections give us all an opportunity to knock on doors and meet people. I must say I am not inclined to wait for those opportunities. I tend to be out and about, as I know is the case with most colleagues. However, that period from 1991 to 1999 proved to me that there should be some discipline as far as the term is concerned and I am glad that is now the position. Whatever about the criticism, the fact is that the Dáil term is set for five years. It does not go beyond that and it is right that we leave it to the discretion of the Taoiseach to decide when the election will take place.

I compliment Deputy Hogan on his work on the Bill and in saying that I hope that does not get him into any trouble. Since becoming a Dáil Deputy eight years ago I have taken the view that it is good to engage in Private Members' debates. Some of the debate is not always sensible, and nobody will be offended by that, but I have always regarded it as a good opportunity to deal with the issues of the day. Despite what the Independents might say, as a humble, little known backbencher it is sometimes just as demanding to get time to speak on major issues. That is the reason I always welcome the opportunity to speak. Without patronising the Minister, I am pleased he shared a few minutes of his time and I feel good about that.

What comes from the table.

What does the Deputy think of the Bill?

Please allow the Deputy to speak.

The Deputy has been listening to me for the past several minutes. He has heard me support the Minister.

What about the Bill?

I have said things the Deputy might not be brave enough to say if he was sitting on this side of the House.

You never said anything about the Bill.

The Deputy should go back to his office and listen to what I said. I bet there are comments I said tonight that he would not dare say.

What about the Bill?

That is a challenge for you.

Through the Chair please, Deputy.

I beg your pardon.

You are normally so disciplined in these matters.

The Chair will notice I have not mentioned Tallaght much.

The Bill proposes to amend section 39 of the Electoral Act 1992 to provide for the holding of a by-election not later than six months after the vacancy occurs in Dáil Éireann. As the Minister eloquently pointed out, section 39 currently provides that the Ceann Comhairle of the Dáil should direct the Clerk of the Dáil to issue a writ to the relevant returning officer to fill the casual vacancy——

We now know why the Minister was late. He was writing that speech for the Deputy.

——in the constituency concerned but no timeframe is specified. If my colleagues do not want to read my contribution they should read the Minister's contribution, which set out the position very well. I am sorry for singling out Deputy Hogan but I suspect that if he gets the opportunity to sit on this side of the House——

The Deputy will have to put that to the test.

——he will do exactly the same, as was done by past Fine Gael Governments.

We are looking to the future.

Please allow the Deputy conclude.

We should not play too many games tonight. Some of the comments the Minister made were very revealing.

What was revealing?

I do not mind the degree of point-scoring that goes on in Private Members' debates week in, week out but the Minister made the point very well——

What was revealing?

Allow the Deputy to conclude.

——and I hope the Deputy would give that some consideration. We should not get too excited about——

What was revealed?

The Deputy should have listened back to what the Minister said.

The Deputy clearly did not.

To paraphrase the Ceann Comhairle, if you want to come to my office in the morning, Deputy, I will fill you in and it will be a pleasure. I thank the Leas-Cheann Comhairle for giving me the opportunity to say a few words.

I wish to share my time with Deputies Martin Ferris and Joe Costello.

The latter ten minutes will be tomorrow night.

I want to begin by thanking Fine Gael for bringing this Bill before the House this evening and commending Deputy Hogan on a Bill which has a simple and measurable intent.

Reform can be looked at in three different ways. We can follow the big bang theory where a specific Minister decides that he or she will reform a number of measures at once or we can have the incremental approach where we engage in a reform process piece by piece over a period of time. I believe that what is being presented before the House this evening is very much the latter. It is a simple measurable immediate measure that can ensure that by-elections take place within a specific period of time.

The third reform option is where we follow what I call the "big blank" theory. The "big blank" is what we have been getting from the Minister, Deputy Gormley since he came to office. We will possibly see a White Paper later this year, but whether it will ever be implemented and whether it will take the format of previous White Papers remains to be seen. We are hearing much talk of reform, but before the Minister this evening is an opportunity to engage and accept one measure of reform.

In his speech this evening, the Minister stated he had some concerns about the proposal and that the six-month derogation was a difficulty for him. I would challenge him this evening to state that the Government will accept the Bill in its intent and at a later stage amend it so that emergency situations, such as the foot and mouth disease crisis, could put a deferment on it but that this House, in principle, accepts that no seat in Dáil Éireann will be left vacant for more than six months. That remedies the difficulty the Minister brought before the House this evening. If he believes that it is a genuine difficulty, here is a response to it I have given him and he can now let the Bill proceed.

The position to date has resulted in this issue being debated repeatedly. Since I came to the House in 2007, I think this is my third or fourth time speaking on the issue of by-elections. During that period I have heard Ministers of State and Ministers come in here with the most bizarre of excuses as to why a by-election should not be called. Two weeks ago Minister of State, Deputy Curran gave some excuse that we had to focus on the economy and that the elections would be a distraction. There was some other issue of nonsense from the Tánaiste and Minister for Education and Skills, Deputy Coughlan, that the children's referendum would be contaminated if there were concurrent elections on that day. In both cases, it was a direct insult to the intelligence of the electorate in this country.

The reality of the situation is that by-elections are a matter of fact. To date, we have witnessed two by-elections in this House and we have the issue of three more before us at present. Regrettably, by-elections happen due to the death of a Member, but they also happen due to resignations. By-elections now almost always happen as a consequence of results of European elections, which are on a five-year cycle. We know when the next European election will occur. It will occur in four years time, some time in June. The likelihood is that at least one candidate will be a Member of this House and he or she will be elected to the European Parliament. If one looks back over the past European elections, one will see that such is the case. Why not legislate proactively for something rather than allow the difficulties that arise from inaction come before the House, as they have this evening?

In essence, this is a problem that has long been before this House to which a solution has long been overdue and a solution has been brought before this House this evening. It is a solution that is simple, immediate and measurable. Put simply, it ensures that the democratic deficit that it is created in this House through the result of a single seat being vacant gets address.

At present, there are three seats unoccupied in this Chamber. Regardless of the constituencies in which these vacant seats are situated, it could be in my constituency of Cork South-Central besides Donegal South-West, Dublin South or Waterford, the principle of this is not geography; it is that there is a democratic deficit in this House where a constituency is being denied its full representation. It beggars belief to hear the Minister come in and give alternative explanations that defy that single fact, that there are three empty seats in this House that should be filled within the lifetime of the Government. Sadly, I do not think that will happen.

I have listened to the Taoiseach in recent days and weeks comment upon this. When being questioned on it, he states it is a matter for the Dáil. Unfortunately, the Taoiseach is telling a big fib in the media because it is a matter, not for the Dáil but for Government under the present structure. The Government has no appetite for a by-election. The Taoiseach should desist from stating that it is a matter for the Dáil because he is not being truthful with the public and he is certainly not being truthful with the electorate in each of those constituencies.

Deputy Ciarán Lynch will be aware that he should not cast aspersions on the Taoiseach in that way. It is not orderly to do so. I am sure he will quickly withdraw.

I will amend my comments to state that the comments made by the Taoiseach to my understanding are inaccurate when he states that it is a matter for the Dáil because what we are witnessing in here this evening is that it is actually a matter decided by Government.

Deputy Hogan is a far taller man than me. As someone of smaller stature, I grew up with the notion that if one went into the school yard, one took on those bigger rather than smaller than you. I will get to Fianna Fáil in a moment. Sometimes when there is a smaller rascal annoying you, you must address them as well, and that has been the approach of the Green Party in the Chamber this evening.

The Minister spoke of flexibility in his speech this evening. There is flexibility and there is stretching something beyond credibility, which is what the Minister's speech did. It was a stretch beyond credibility.

We heard a number of red herrings. He took us to Malta and some other regions — anywhere except Donegal, Waterford and Dublin. He was off to Malta, the commission and everywhere else.

He spoke of a situation where elections change Governments. Where I come from, elections are all about the establishment and changing of Governments. Even in this country, not so long ago a Government changed because of two by-elections in Cork city.

The general public knew that when they were going to the poll that day. In fact, what happened on that day is that the people of Cork reflected the national mood across the country. When the Minister states here that he does not trust a particular constituency, what he is saying, in effect, is that he does not trust the national public mood. Ultimately, what we are debating here is a matter of confidence or, more accurately, an absence and lack of confidence by Government.

Three seats have been vacant for unacceptably long periods. These vacancies, which are in Donegal South-West, Dublin South and Waterford, date back to February and March of this year.

It is clear that Fianna Fáil and the Green Party are running scared of the electorate and there is now a distinct possibility that there may be no by-election writs brought before us until this Dáil sees itself through to its final conclusion. That is an affront to democracy and it is a direct slap in the face of every citizen and member of the voting public in those three constituencies and every other voter in the country.

The Minister may well dress this up and state that it will distract Government and could lead to some destabilisation of the economy, but the truth is the Government is rattled and scared and afraid to face the public. In fact, so afraid is Fianna Fáil that it is not merely afraid of the general public but afraid of its own membership. It will not hold a party conference this year for fear of what will come off the floor inside its own conference.

What we are witnessing with Fianna Fáil is a series of regional love-ins or, as we might call them, "hug-ins", where the only issue on the agenda is "have a go at Gilmore" motions. They come out at 4 p.m. or 5 p.m. after being huddled inside in their rooms and have a go at my party leader.

What Fianna Fáil needs is a big group hug in one of these meetings because any level of confidence and self-esteem has certainly disappeared from them, particularly, as I stated, as witnessed by the absence of a party conference this year.

Fianna Fáil might be punch-drunk. It might need to be put into the recovery position and the best recovery position I can think of is the Opposition benches. The passing of this Bill may not deliver the knock-out punch this Government needs but I assure the House it will lead to a standing count that will ultimately result in this Government being out of power.

I thank the Labour Party for giving me ten minutes speaking time.

To a great extent this debate is the same debate we had last week on the Waterford by-election and the previous week on the Donegal South-West constituency by-election. It is an indication not only of the feeling on this side of the House among the Opposition parties that the Government has an obligation to allow the electorate in those constituencies the right to fill the existing vacancies but also of the desire on the part of voters in those constituencies to have the opportunity to cast their verdict in mid-term on an increasingly unpopular Government. One cannot but be reminded that the failure to have these by-elections is probably a result of fear in the Government parties.

The reasons I gave last week with regard to the contrast between the rapidity with which a Seanad by-election was called and the delay in moving the writs for the current Dáil vacancies bear repeating, as do the political reasons which have to do with this Government's fear of the electorate and its reluctance to put the picture emerging from the opinion polls to a real test. Most informed people believe the reason these by-elections have not been called is because the Government fears it will be decimated at the polls. It knows that Fianna Fáil and the Green Party have little or no hope of winning any of the by-elections. As I said last week, the fear or knowledge that one is going to lose an election is hardly a valid excuse in a democracy for avoiding to call one.

It would be appropriate to take the power away from the sitting Government and to remove from it the means to delay calling by-elections as it is currently doing. A period of six months, as proposed in the Fine Gael Bill, would be more than sufficient time to elapse between the vacancy arising and the by-election being held and would ensure the electorate in the constituency where the vacancy exists is given the opportunity within a reasonable timeframe to allow an election to be organised to fill the seat.

Having praised Fine Gael for bringing this Bill forward, I must also, however, make some small criticism of it. The criticism has to do with the Dublin South constituency and the vacancy there since its high profile recruit, George Lee, decided, after a remarkably short time, that Fine Gael was not the answer either to his own or the country's needs and he departed somewhat unceremoniously.

I do not wish to rake over all the reasons why he may have made that decision but it could perhaps be said that Fine Gael in pressing the Government over its failure to move the writs for Waterford and Donegal while at the same time not moving the writ for Dublin South, might be regarded as somewhat hypocritical. This Bill refers to a six month period of grace before the proposed legislation would make it mandatory to call a by-election for a vacancy. George Lee only resigned in February so if this Bill was passed the by-election would not have to be called until before the end of July. However, Fine Gael has rightly called for a by-election to be held in Waterford to replace former Minister and Deputy, Martin Cullen and it is less than three months since he decided to call it a day for health reasons. Therefore, surely if Fine Gael is to be consistent it should also move the writ for Dublin South where, despite whatever problems it might be having in finding another candidate, it must be in pole position to retain that seat. It would also, of course, provide another opportunity to allow a section of the electorate the opportunity to cast their votes on the current Government, which I have little doubt would once again be damning.

It would also give Fine Gael plenty of time to persuade Eamon Dunphy or Bono or Giovanni Trappatoni or Brian O'Driscoll, or whoever, to become its newest celebrity acquisition, given that none of its representatives in the constituency seems to be particularly enthusiastic and one person who was tipped to run has resigned altogether from politics.

He was promoted.

To return to the main object of attack, we could be here until the cows come home, going over the many reasons the electorate ought to be given an opportunity to cast its verdict on the current situation in the country that has left many people in an extremely bad way with regard to jobs, mortgages and making ends meet whether they are in employment or not. Indeed since we were here last week there have been more large-scale job losses which underline the fact that while some countries, including apparently our nearest neighbour, are demonstrating signs of recovery, we are still in the midst of a severe crisis. That crisis is part of a global downturn, which may or may not have run its course, but its impact has been massively exacerbated by the gross incompetence of financial and property speculators and the blind eye, indeed the encouragement, given to them by the main Government party. It is clear that this Government has neither the imagination nor the will to do what is necessary to turn things around so that if the overall economic situation improves we will be able to take advantage of it rather than as we are at present, burdened with a massive debt incurred by those responsible for almost bringing the country to its knees. The measures taken with regard to the banks and property mean that even if the economic situation improves we will still be left with the bill for those who were involved in speculation and this will greatly affect the ability of this country to take advantage of any upturn.

NAMA and the banks' bailout mean this Government has shifted the burden for the financial crisis away from those who were responsible for creating it and placed it on the shoulders of the ordinary people who have been presented with a multi-billion euro bill, as well as also having to pay the price in reduced wages and cuts right across the public services from hospitals to schools. It also means the Government is committed to an austerity programme. There is neither the means nor the desire to take measures that might stimulate and encourage growth in the many areas of the economy that are still healthy or have the potential to be developed in order to create growth and employment. The taxpayer has bailed out the banking system. These same banks are in the process of repossessing and by extension, evicting misfortunate people who are victims of the grotesque methods adopted by the banking system, developers, speculators and the political elite in this State.

The only means to reverse that situation is to remove this Government from power and to replace it with one that will reverse the current strategy and radically revise the manner in which the banks and property developers have been treated so it is they and not the ordinary people of the country who pay for the mess that they created and which will free up the resources required to pursue a more positive approach. The only means to do that is through a general election, whenever that comes. Naturally, Fianna Fáil and the Green Party wish to postpone the day of reckoning for as long as they can and that includes their refusal to call the by-elections in Dublin South, Donegal South-West and Waterford. Not least of their worries is that losses in all of those three constituencies would place the survival of the Government in jeopardy and make it less likely that it will run its full term. However, as I said earlier, that is not a valid excuse for not going ahead with those elections and I reiterate my call for them to do so. I reiterate my call to Fine Gael to move the writ for Dublin South. That will at least give the voters in those constituencies the opportunity to cast their verdict and hopefully speed up the removal of this Government from office. I call on the House to support this Bill.

Debate adjourned.
Top
Share