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Dáil Éireann díospóireacht -
Thursday, 1 Apr 1993

Vol. 429 No. 1

Ceisteanna—Questions. Oral Answers. - Holding of By-Elections.

Eamon Gilmore

Ceist:

5 Mr. Gilmore asked the Minister for the Environment if he will consider introducing amendments to the Electoral Act, to ensure that where vacancies arise in the Dáil, by-elections would have to be held within a specified minimum time.

I have no proposals to amend the law along the lines suggested which would limit the discretion of the Dáil to decide the timing of a by-election having regard to the circumstances.

Can the Minister confirm that under existing law there is no obligation on either the Government or the Dáil to hold a by-election for vacancies which exist in this House? Given the fact that currently there are two vacancies in the House, one of which is of three months standing, may I ask the Minister, who has responsibility for electoral matters, whether he intends to bring any proposal before this House with regard to moving the writ for those two by-elections?

I have no proposals at present. I have no doubt that these by-elections will be held this year.

This year.

Would the Minister not agree that in a situation where a Government has, as in this case, a 40 per cent plus majority technically the Government can decide not to have any by-elections, and to so decide is a negation of democracy? There should be some obligation to have, after a reasonable period, a specific deadline by which a by-election must be held in order to restore the democratically elected representative to a particular area which has been deprived of this.

I am looking forward to meeting Deputy Higgins in Mayo later this year.

A Deputy

Will it be at an early date?

May I ask — as I know Deputy Higgins is too modest to ask because he is looking forward to the Mayo West by-election — when the Mayo West by-election will take place? Commissioner Flynn's seat should be filled as soon as possible.

This question deals with amending legislation.

It should be filled as soon as possible; it will be filled later this year.

I invite the Minister to be a little more specific in relation to the two by-elections than simply stating they will be held this year. Can he give some indication as to when and can he confirm that he is the Minister who will be responsible, on behalf of the Government, for bringing the motion before the House for the moving of the writ for the two by-elections which are due?

That is not necessarily so. Clearly, as Minister, I have overall responsibility in the electoral area but, of course, it is open to any Deputy in the House to move a writ. It would be a matter for the Dáil——

Come on.

——to decide whether to support that. I have nothing further to add other than to say the by-elections will be held this year.

Would the Minister not agree that it goes against the whole ethos of democracy and openness in Government as set out in the Programme for Government not to have had by-elections to this date? What is the Minister's position on that matter?

As I said earlier, I am looking forward to going to Mayo.

Will we have good weather for it?

In view of the fact that the vacancy in Mayo West arises from a Government decision — resulting in the people of Mayo West not having proper representation in the House — surely the Minister should move the writ?

There is no question or doubt that the appointment of Pádraig Flynn as Commissioner has not diminished in any way the prospects for development of Mayo.

Deputy J. Higgins rose.

It will probably enhance them.

Please, Deputy, I want to get on to other questions.

I will be very brief.

I am calling Deputy Higgins for a very brief question.

As the Minister of State at the Department of the Environment, Deputy Stagg, will testify we would love to have the Minister during the month of May when the May fly is rising around Ballinrobe, his native area. In view of the fact that we are out of kilter with Europe in relation to our electoral process where most countries in mainland Europe have their elections on Sundays, is there any possibility that as an experiment the Minister would consider having the two by-elections on a Sunday?

That is a separate question, Deputy. A good question but distinctly a separate question.

What about having it on Garland Sunday?

I am coming now to Question No. 6.

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