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Dáil Éireann debate -
Thursday, 4 Nov 2010

Vol. 721 No. 1

Order of Business

The Taoiseach

It is proposed to take No. 8a, Immigration, Residence and Protection Bill 2010 — Financial Resolution; No. 8b, motion re statement of Estimates for the Houses of the Oireachtas Commission; No 8g, motion re by-election for Donegal South-West; No. 8c, motion re by-election for Donegal South-West; No. 8d, motion re by-election for Dublin South; No. 8e, motion re by-election for Waterford; No. 8f, motion re by-election for Donegal North-East; No. 3, Local Government (Mayor and Regional Authority of Dublin) Bill 2010 — Second Stage (resumed), to adjourn at 1 p.m., if not previously concluded; and No. 4 Civil Law (Miscellaneous Provisions) Bill 2010 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 8a and 8b shall be decided without debate; and in the case of 8g and in the event that any of the other motions for by-elections are being moved, Nos. 8g, 8c, 8d, 8e and 8f shall be debated together and decided separately, the proceedings shall, if not previously concluded, be brought to a conclusion after 60 minutes, and the speeches shall be confined to a Minister or Minister of State and to the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, who may share their time, and which shall not exceed 15 minutes in each case.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal for dealing with Nos. 8a and 8b agreed to?

Deputy Enda Kenny

Before we deal with any business here, I should like confirmation from the Taoiseach that arising from the judgment of the High Court, yesterday, which is very clear in its ruling——

An Ceann Comhairle

That is the second item, so perhaps we might dispose of the first.

Deputy Enda Kenny

I understand that. We are now in a position where the Attorney General has not given clear advice in the event of the Government winning an appeal to the Supreme Court. We are in the throes of preparation for a budget and fiscal plans at a time special needs hours have been reduced and home help care is under pressure, and the Government is going to appeal to the Supreme Court on the definition of an inordinate amount of time——

An Ceann Comhairle

Deputy please, these matters can be dealt with under the second item.

Deputy Enda Kenny

——at a considerable cost to the taxpayer, when the Government was given a clear option last May, in a Bill published by Deputy Hogan, for the filling of casual vacancies arising in the Dáil to the effect that a time limit of six months should be imposed, which was constructive——

An Ceann Comhairle

Deputy Kenny, please, these matters can be dealt with under the second item.

Deputy Enda Kenny

——objective and realistic. The Government refused to do that and voted it down. It was then ordered by the High Court, effectively, to hold this by-election.

Deputy Olivia Mitchell

A Cheann Comhairle, this is unacceptable.

Deputy Enda Kenny

The point is that this appeal to the Supreme Court will not only cost the taxpayer money, but anybody in this House is capable of defining what an inordinate delay is, in this context. The Bill proposed by Deputy Hogan last May——

An Ceann Comhairle

I ask Deputy Kenny for his co-operation in the matter. I have given him some latitude but he is out of order on the Order of Business.

Deputy Enda Kenny

I am not out of order on the Order of Business.

An Ceann Comhairle

Deputy Kenny is a long time Member of the House and knows the procedure.

Deputy Enda Kenny

I am not out of order on the Order of Business. As stated, before I agree to any of the proposals, I want my question answered.

Deputy Seán Barrett

A Cheann Comhairle, can you ask that Deputy Kenny's microphone be turned on?

Deputy Noel Dempsey

He is out of order.

Deputy Seán Barrett

We cannot hear Deputy Kenny.

Deputy Enda Kenny

I recommend to the Government and Taoiseach that this decision not be appealed to the Supreme Court and that the Bill produced last May by Fine Gael be introduced, which Bill allows for orderly, realistic and objective legislation——

An Ceann Comhairle

Deputy, please. I have allowed the Deputy to go on for some time when I should not.

Deputy Enda Kenny

——which would not require the Government to be involved in this mess whereby the High Court has effectively ordered it to hold a by-election and in respect of which it now intends to cost the taxpayer more money by going to the Supreme Court for a definition that any man in the street could give, namely, six months is the period within which all vacancies should be filled.

An Ceann Comhairle

Deputy, please.

Deputy Enda Kenny

What is going on here is that——

An Ceann Comhairle

The Deputy is showing disrespect for the Chamber.

Deputy Enda Kenny

——the Government by virtue of this appeal to the Supreme Court is prolonging its stay in Government. It is refusing the people their mandate in respect of other by-elections pending, namely, Waterford, Dublin South and Donegal North-East.

An Ceann Comhairle

I ask the Deputy to co-operate with the Chair. I am putting the question. We need to take a decision on this matter.

Deputy Enda Kenny

I would like a response from the Taoiseach in regard to the reasons his Government has accepted the recommendation of the High Court and now wants to appeal that decision to the Supreme Court, which appeal will delay other legal actions being taken in respect of the other two by-elections.

An Ceann Comhairle

We will be debating the matter when a decision on the Order of Business has been disposed of.

Deputy Enda Kenny

This is wrong and costly——

An Ceann Comhairle

The Deputy is completely out of order.

Deputy Enda Kenny

——and is another example of blatant incompetence by this Government——

An Ceann Comhairle

Resume your seat.

Deputy Enda Kenny

——which wants to put its party before country——

An Ceann Comhairle

Deputy Kenny, resume your seat please.

Deputy Enda Kenny

——and prolong its stay in office.

Deputies

Hear, hear.

An Ceann Comhairle

I call Deputy Gilmore.

Deputy Eamon Gilmore

Likewise, before the Labour Party can agree the Order of Business proposed by the Taoiseach, which sets out a sequence for the taking of a number of motions for the moving of writs in respect of outstanding by-elections, we want a response from the Taoiseach in regard to the Government's decision to appeal yesterday's High Court decision in respect of the Donegal South-West by-election.

I will explain the reason this is significant in the context of the Order of Business. My explanation relates to the sequence in which this is presented to us. There are four by-elections——

An Ceann Comhairle

I must remind the Deputy that we will be discussing these matters after the Order of Business.

Deputy Seán Barrett

You cannot have the Order of Business until this has been determined. That is the point.

Deputy Joan Burton

This is the Order of Business.

Deputy Eamon Gilmore

A Cheann Comhairle, please allow me——

Deputy Finian McGrath

Some Members will get to discuss it. The Independents have been excluded again.

Deputy Eamon Gilmore

Please allow me to explain.

Deputy Finian McGrath

It is a great democracy.

Deputy Eamon Gilmore

The Government has presented us with a list of by-elections on the Order of Business. The Government is asking us to deal with——

An Ceann Comhairle

That matter is catered for under the second proposal.

Deputy Eamon Gilmore

I am asking for a response from the Taoiseach before agreeing anything on the Order of Business, which I am entitled to do.

I understand that the Government has decided to appeal yesterday's High Court decision to the Supreme Court. Yesterday, the Taoiseach said that the holding of by-elections is a matter for the House. We know from what we have read in the newspapers that it is the Government's intention to hold the by-election in Donegal South-West and to oppose the holding of the by-elections in the other three constituencies. If the Government appeals the decision of the High Court to the Supreme Court it will prevent, I expect, the possibility of legal challenge to its refusal to hold the remaining three by-elections. The issue which will be——

An Ceann Comhairle

Deputy Gilmore is promoting large-scale debate on this matter on the Order of Business.

Deputy Ruairí Quinn

The Ceann Comhairle might listen.

An Ceann Comhairle

There are other times when these points can be made.

Deputy Ruairí Quinn

No.

An Ceann Comhairle

They cannot be made on the Order of Business. Standing Order 26 does not accommodate this type of arrangement that is being proposed.

Deputy Pádraic McCormack

How long will it stand?

Deputy Eamon Gilmore

I am not proposing——

(Interruptions).

An Ceann Comhairle

I will allow a brief supplementary from Deputy Gilmore.

Deputy Eamon Gilmore

I do not wish to be at odds with the Ceann Comhairle but he should listen and show some respect to Members——

An Ceann Comhairle

I have been more than patient.

Deputy Eamon Gilmore

——of the House when we are making valid points. The point I am making relates directly to the Order in which we are expected to deal with these matters, as presented by the Taoiseach.

The Government is presenting a formula which will allow the Donegal South-West by-election to go ahead, in respect of which it has no choice because the High Court has stated that by-election must go ahead, but which is designed to stop the other three by-elections from going ahead. It is a manifestly political ruse by Government to deprive the Dáil from making a decision to hold the other three by-elections.

Like Deputy Kenny, before we agree the Order of Business I want clarification from the Taoiseach in regard to what is the Government's intention with regard to the appealing of yesterday's High Court decision.

An Ceann Comhairle

Deputy Ó Caoláin.

Deputy Caoimhghín Ó Caoláin

Regardless of what response the Taoiseach gives to the questions posed, the fact remains that what the Government is now doing is utilising the judicial process to thwart the democratic process, as reflected upon but not specifically stated in the judgment delivered by the President of the High Court yesterday. I ask that those entrusted with responsibility for same would take note of what the Government is doing in this instance. There is no substantive basis for the appeal Government is presenting. The process is about thwarting the opportunity of the people of Dublin South, Waterford and Donegal North-East to pass judgment on this Government's performance at an early opportunity. It is doing so at the taxpayers' expense. Regardless of what answer the Taoiseach gives those are the facts of the matter. I would appeal——

An Ceann Comhairle

We wish to bring this matter to a conclusion as quickly as possible.

Deputy Caoimhghín Ó Caoláin

——to the Judiciary not to accommodate this appeal which has no basis in law.

The Taoiseach

The Government has decided, having heard the advices of the Attorney General, to appeal yesterday's decision of the High Court——

Deputy Pádraic McCormack

Why?

The Taoiseach

——because the judgment gives rise to importance constitutional issues regarding the separation of powers and the boundaries of the court's role in the important matter of elections and its power to make declarations that have the effect of requiring Government to exercise its voting power in a particular manner, and the need for certainty on the legal position with respect to future by-elections. An important issue has arisen here.

The importance of an appeal is underlined by the fact that yesterday's judgment is the first time the courts have interpreted the Constitution to give rise to an obligation of this nature. In the case of Dudley v. An Taoiseach, the High Court merely held that there was an arguable case that the Government was under an obligation to move the writ for a by-election which had been outstanding for almost 14 months. When Senator Doherty received leave from the High Court in July of this year, it had been 11 months since former Deputy Pat the Cope Gallagher had vacated his seat.

As regards the Government's constitutional obligations, the Government is appealing the decision for the reasons outlined on advice of the Attorney General. The Government has a constitutional obligation to do so. Like other litigants before the courts, it is fully entitled to await the determination of the matter by appeal. Pending the outcome of the appeal to the Supreme Court the Government decision remains unchanged with regard to the other Dáil vacancies that currently exist. In the interests of ensuring we respond in an appropriate manner to that which emerged yesterday from the High Court, the Government will proceed with the holding immediately of the Donegal South-West by-election.

An Ceann Comhairle

I am putting the question.

Deputy Eamon Gilmore

Can I ask——-

An Ceann Comhairle

No. The matter has been dealt with. I am putting the question.

Deputy Paul Kehoe

A Cheann Comhairle, Deputy Kenny was on his feet before you.

An Ceann Comhairle

I am putting the question and ask for the co-operation of Members.

(Interruptions).

An Ceann Comhairle

Deputies, I am asking for the co-operation of the House.

Deputy Paul Kehoe

A Cheann Comhairle, Deputy Kenny was on his feet before you.

An Ceann Comhairle

I am putting proposal No. 1. We will then deal with proposal No. 2 in regard to the by-election issue.

Deputy Paul Kehoe

A Cheann Comhairle, Deputy Kenny was on his feet before you.

(Interruptions).

An Ceann Comhairle

I am chairing the proceedings. I will allow a brief supplementary from Deputy Kenny and will then put the question on proposal No. 1.

Deputy Joan Burton

No, you cannot do that.

Deputy Liz McManus

Turn on Deputy Kenny's microphone.

Deputy Enda Kenny

The Taoiseach has responded to the matter I raised and that raised by Deputy Gilmore and Deputy Ó Caoláin. This is a matter for the House. The Minister for the Environment, Heritage and Local Government is not here——

Deputy Arthur Morgan

Again. He is hiding.

Deputy Enda Kenny

——again. He sat beside the Taoiseach yesterday and then walked out before it came to the crucial matter.

A Deputy

They are all e-mailing.

Deputy Enda Kenny

He is not here. It is his responsibility to table this in the House. This is the Bill published on 25 May by Deputy Hogan——

An Ceann Comhairle

Deputy Kenny, we cannot have a full-scale debate on this on the Order of Business——

Deputy Enda Kenny

A Cheann Comhairle, I am not taking it——

An Ceann Comhairle

——and I am not going to allow it. I will adjourn the House if you do not cease and resume your seat.

Deputy Enda Kenny

——from you.

An Ceann Comhairle

Deputy, you are going off on a tangent that is not relevant to what we mentioned.

Deputy Enda Kenny

A Cheann Comhairle, I have just a couple of years on yourself——

An Ceann Comhairle

Yes, we can share some experiences.

Deputy Enda Kenny

——and you are treading very close to constitutional issues here. This Bill——

An Ceann Comhairle

It is the Order of Business and Standing Order 26 is quite specific on these matters about what is allowed to be debated.

Deputy Enda Kenny

I will finish my point in less than two minutes.

An Ceann Comhairle

Very briefly.

Deputy Enda Kenny

This Bill was published to give the people of every constituency in our electorate the right of full representation in the Dáil. It was voted down by the Government, which could have prevented the mess it is now in, where the High Court has given a very clear instruction of which the Government had to take cognisance. Unless there is crystal clear evidence from the Attorney General to the Government that he had no doubt but that an appeal would succeed in the Supreme Court, this course of action should not be followed. The Taoiseach has a legal background.

An Ceann Comhairle

Deputy Kenny, resume your seat.

Deputy Enda Kenny

He understands that the delay in this being heard in the Supreme Court——

An Ceann Comhairle

Deputy Kenny, will you resume your seat please?

Deputy Enda Kenny

——prevents the Minister for the Environment, Heritage and Local Government——

An Ceann Comhairle

Deputy Kenny, if you do not resume your seat I will suspend the sitting.

Deputy Enda Kenny

——and the Dáil dealing with the holding of the by-elections in Waterford——

An Ceann Comhairle

You are not co-operating with the Chair.

Deputy Enda Kenny

——Dublin South and Donegal North-East.

An Ceann Comhairle

Deputy Kenny, I am suspending the sitting for ten minutes.

Deputy Enda Kenny

This is a matter of constitutional importance.

Sitting suspended at 10.55 a.m. and resumed at 11.05 a.m.

An Ceann Comhairle

I am now putting the question.

Deputy Eamon Gilmore

A Cheann Comhairle——

(Interruptions).

An Ceann Comhairle

No, Deputy; we have finished. Is the proposal for dealing with Nos. 8a and 8b without debate agreed to? Na Teachtaí atá ar thaobh na tairisceana aibridís “Tá”; na Teachtaí atá ina coinne aibridís “Níl”. Sílim go bhfuil an cheist rite.

Deputies

Vótáil.

Deputy Enda Kenny

On a point of order——

An Ceann Comhairle

The question is carried. On a point of order, yes.

Deputy Enda Kenny

The question is not carried, a Cheann Comhairle.

An Ceann Comhairle

It certainly is carried.

Deputy Enda Kenny

It is not carried.

Deputy Fergus O’Dowd

It is a heavy load, a Cheann Comhairle.

An Ceann Comhairle

Vótáil.

Deputy Enda Kenny

On a point of order, a Cheann Comhairle, as I was about to finish my short contribution——

Deputy Seán Barrett

This is not Iran, you know. It is a democracy.

An Ceann Comhairle

It might not be Iran, but we need——

Deputy Seán Barrett

The Ceann Comhairle is not chairing the Fianna Fáil Parliamentary Party at the moment. He is chairing this House.

An Ceann Comhairle

Deputy——

Deputy Enda Kenny

The Government has decided to appeal the judgment of the High Court——

The Taoiseach

A Cheann Comhairle——

Deputy Enda Kenny

——on the question of the Donegal South-West by-election to the Supreme Court.

Deputy Seán Barrett

It is not up to the Taoiseach to tell Deputy Kenny he is out of order.

An Ceann Comhairle

Deputy Kenny, the vote has been called. The bells are ringing.

The Taoiseach

He was told four times.

Deputy Seán Barrett

It is none of the Taoiseach's business.

An Ceann Comhairle

We must now proceed to the vote.

Question put: "That the proposal for dealing with 8a and 8b be agreed to."

The Dáil divided: Tá, 75; Níl, 68.

Tá

Níl

Tellers: Tá, Deputies John Cregan and John Curran; Níl, Deputies Emmet Stagg and Paul Kehoe.

Question declared carried.

An Ceann Comhairle

We move to item No. 2. Is the proposal——

Deputy Eamon Gilmore

On a point of order, a Cheann Comhairle, you moved to the vote after the resumption of the House without giving an opportunity to either Deputy Kenny or me, both of whom were offering. I had an issue I wished to raise with you, Sir, in respect of the reply the Taoiseach gave to the House to the questions we asked earlier. The Taoiseach said the issue being appealed to the Supreme Court related to the separation of powers. I had wished to ask the Taoiseach to clarify to which separation of powers he was referring. Was he referring to the separation of powers as between——

An Ceann Comhairle

Deputy, that is not a point of order.

Deputy Bernard J. Durkan

It is a point of order.

Deputy Eamon Gilmore

Would you please listen to the point of order?

An Ceann Comhairle

Deputy Gilmore——

Deputy Eamon Gilmore

I wish——

An Ceann Comhairle

The Order of Business is controlled by Standing Order 26.2.

Deputy Eamon Gilmore

I have a question.

An Ceann Comhairle

It is quite explicit on what is allowable and what is not.

Deputy Damien English

It is out of date.

Deputy Eamon Gilmore

I have a question.

An Ceann Comhairle

If we need to change that the Committee on Procedure and Privileges is the avenue through which to do that.

Deputy Damien English

Only one side can change it.

An Ceann Comhairle

Let us move on.

Deputy Eamon Gilmore

I have a question for you, a Cheann Comhairle, and I would like you to listen to it. The Taoiseach said the issue being appealed related to the separation of powers. I had wished to ask the Taoiseach if that was the separation as between the Oireachtas and the Judiciary since the holding of by-elections is a matter for the Oireachtas. Were you, Sir, informed by the Government that it was its intention to appeal to the Supreme Court a matter relating to the separation of powers between the Oireachtas and the Judiciary? There is also an issue about the separation of powers as between the Oireachtas and the Government.

The Taoiseach

It is for Government.

Deputy Eamon Gilmore

The issue of the holding of by-elections is a matter for the House and is not a matter for the Government. If the Government——

The Taoiseach

That is the issue.

Deputy Eamon Gilmore

Yes, that is the issue.

An Ceann Comhairle

Deputy——

Deputy Eamon Gilmore

That is the issue.

An Ceann Comhairle

Deputy——

Deputy Eamon Gilmore

That is the issue.

An Ceann Comhairle

Deputy Gilmore——

Deputy Eamon Gilmore

That is the issue.

An Ceann Comhairle

Deputy Gilmore——

Deputy Eamon Gilmore

The point is that any appeal——

An Ceann Comhairle

Deputy Gilmore, please——

Deputy Eamon Gilmore

——of that decision should be a matter for the House——

An Ceann Comhairle

Deputy Gilmore, could I have your co-operation?

Deputy Eamon Gilmore

——and not for the Government.

Deputy Dermot Ahern

Deputy Gilmore is not a party to it.

An Ceann Comhairle

We are moving on to proposal No. 2.

The Taoiseach

The House was not sued.

An Ceann Comhairle

Is the proposal for dealing with——

Deputy Joan Burton

A Ceann Comhairle, let the Taoiseach respond.

An Ceann Comhairle

Please——

The Taoiseach

If the Deputy wants me to uphold the right of the Oireachtas in regard to this matter, that is precisely why we need to appeal it to the Supreme Court.

Deputy Eamon Gilmore

That should be our decision, not the Government's decision. It is a matter for the House.

An Ceann Comhairle

Deputy Gilmore, will you resume your seat please.

(Interruptions).

An Ceann Comhairle

Deputy Gilmore, resume your seat.

Deputy Eamon Gilmore

It should be our decision, not the Government's.

An Ceann Comhairle

I am now putting the question.

Deputy Dermot Ahern

Deputy Gilmore is not in the case.

Question, "That the proposal for dealing with Nos. 8g, 8c, 8d, 8e and 8f be agreed to," put and declared carried.

Deputy Enda Kenny

You are not entitled to stand up there and make a decision in the way you have done it.

An Ceann Comhairle

As I have explained to the Deputy, the Order of Business is controlled by Standing Order 26.

Deputy Enda Kenny

I want to talk about something new now.

An Ceann Comhairle

Under Standing Order 26 I cannot allow a full-scale debate on the issues the Deputy wishes to debate. I do not mind. There are other ways to do it but the Deputy will have to find the other ways and not use the Order of Business. The Deputy must realise that. The control of the House is dominated and dictated by the Standing Orders set out and agreed by the Committee on Procedure and Privileges. I cannot change that.

Deputy Damien English

We cannot either.

An Ceann Comhairle

I have to implement them.

Deputy Enda Kenny

The Ceann Comhairle made a decision unilaterally from the Chair in respect of No. 2. I wish to make a point on No. 2.

An Ceann Comhairle

I put the question to the House.

Deputy Enda Kenny

Yes, and the Ceann Comhairle would not listen to any point of order or reason.

An Ceann Comhairle

The Deputy is not co-operating and he is being very unfair to other Members.

Deputy Enda Kenny

The Ceann Comhairle is bulldozing his way through——

An Ceann Comhairle

I am not bulldozing my way; I am implementing Standing Orders. That is what I am doing.

Deputy Enda Kenny

The Ceann Comhairle will not listen to any point of view. I am supportive of the Donegal South-West by-election being held. The Chair has decided on No. 2 about which I want to raise a number of points of order.

The Minister for the Environment, Heritage and Local Government who has responsibility for this is not here. He should be here. I want to save the Irish taxpayer serious money.

An Ceann Comhairle

The Deputy should be brief before we conclude and move on.

Deputy Enda Kenny

I offer the Taoiseach in the spirit of constructive progress a copy of our Bill, which was published in May this year by Deputy Phil Hogan, namely, the Electoral Representation (Amendment) Bill. This would allow for the business of the House to be conducted by itself and for the filling of all casual vacancies within a six-month period. If the Taoiseach decides to come in with his own Bill next week, I will facilitate him. There is no need to go to the Supreme Court for a definition of "an inordinate delay". We can adjudicate on that here ourselves. All casual vacancies should be decided within a six-month period.

An Ceann Comhairle

Can I please have the Deputy's co-operation?

Deputy Enda Kenny

If the Taoiseach and the Government want to prolong their own stay in office by making an appeal to the Supreme Court, which will prevent legal action being taken by anybody else in respect of pending by-elections in other constituencies, that speaks for itself. It is an attempt to use court time to have a longer stay in a government, which is doomed.

Deputy Noel Dempsey

It is an important constitutional point.

Deputy Dermot Ahern

God help the Oireachtas if Deputy Kenny ever gets over to this side of the House.

An Ceann Comhairle

The Deputy will have to find another way to have a debate on this. There are other ways.

Deputy Enda Kenny

I have a straight question. The Taoiseach has asked for constructive suggestions. Is he prepared to accept this Bill or to come in with his own next week to allow the House to fill all casual vacancies within a six-month period? If so, we will not have any further row about this.

An Ceann Comhairle

We will have a debate on this matter as we move along.

Deputy Enda Kenny

One debate——

An Ceann Comhairle

We will have a debate on the matter later. I will suspend the House if the Deputy does not co-operate. I call Deputy Gilmore.

Deputy Eamon Gilmore

Clearly, the decision of the High Court yesterday was that the Government has acted unreasonably in holding off on, and preventing, the by-election from being held.

Deputy Michael Mulcahy

It did not say that.

An Ceann Comhairle

If Deputy Gilmore wishes to develop a debate on this matter, he should not do so on the Order of Business.

Deputy Eamon Gilmore

I am asking a question about legislation. The House can decide by legislation what is a reasonable period of time within which to hold a by-election. Deputy Kenny referred to the Bill that he has presented. There is also a report of all-party committee, which recommended to this House that by-elections should be held within a specified period of time. Without troubling the Supreme Court with this, the House can decide by legislation what is a reasonable period of time. The reality is the Government parties are going to the Supreme Court in order to string this out and in order to avoid holding the other three by-elections so that they can stay in office for longer than they are wanted by the people.

The Taoiseach

Can I answer that, although I am trying to find a strain of coherence in what has been said?

An Ceann Comhairle

Yes.

The Taoiseach

First, writs were tabled to hold by-elections. We then had the leader of the Labour Party saying it is very important that the powers of the Oireachtas be confirmed in regard to the holding of by-elections——

Deputy Eamon Gilmore

That is not what I said.

The Taoiseach

——which is precisely one of the issues that now has to be dealt with by the Supreme Court to bring certainty to future by-elections.

Deputy Seán Sherlock

By legislation.

The Taoiseach

Then we had the leader of the Fine Gael Party who suggested we should bring in a Bill and not hold by-elections until six months after its enactment, which is longer than the undertaking I have given regarding the other two by-elections. If the Deputy can try to figure out what he is doing, he can give us a shout.

Deputy Enda Kenny

If that is the way to run——

An Ceann Comhairle

I ask Deputy Kenny to resume his seat.

Deputy Enda Kenny

If that is the way the Taoiseach runs his Cabinet, it is no wonder the country is in the state that it is in.

Deputies

Hear, hear.

An Ceann Comhairle

The Chair is on his feet.

Deputy Enda Kenny

I never thought that this Government would show such cowardice in facing the people.

An Ceann Comhairle

I am suspending the House for ten minutes.

Sitting suspended at 11.25 p.m. and resumed at 11.35 p.m.

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