Ciarán Lynch (Cork South Central, Labour)

It would probably result in the lowest turn-out in a by-election in the history of the State. I am sure even Sinn Féin members take holidays at some time. For any party, mobilising party personnel, whatever about candidates and voters, would be difficult coming up to a long weekend. I am not sure either as to what businesses in Donegal South-West would feel about election posters and canvassers descending on them during the busy summer period. Sinn Féin's wish may well be to have the by-election held on the same day as the second referendum on the Lisbon treaty, which I understand is due to be held at the beginning of October. That will not be possible if this motion is passed today, however.

The Labour Party is not happy with the situation that has developed over the years, whereby Governments use their voting power in the Dáil to defer by-elections for an unacceptably long period. That has happened on numerous occasions. In the most recent cases, the vacancy in Dublin South caused by the death of Séamus Brennan was left unfilled for almost a year, while the vacancy in Dublin Central caused by the death of Tony Gregory was left unfilled for almost six months. In the past, seats have been left vacant for almost two years.

Previous speakers have suggested that the Constitution should require writs to be issued within a specific period of time. I do not think such a constitutional requirement is necessary. I suggest that the Constituency Commission, which makes a determination every few years on the appropriate number of Deputies to represent every constituency, should have a role in determining how the Order of Business is carried on in this House and how writs are actually proposed. It is simply not acceptable for the Government to deny the people the level of representation to which they are entitled by refusing to arrange a by-election in Donegal South-West, in my own county of Cork or in any other part of the country. As soon as a seat becomes vacant in this House, there is a democratic deficit. Every constituency should have its full democratic entitlement in this House. It should not be possible for the Government to use its majority in this House to prevent the holding of a by-election.

This is not an appropriate time to consider amending the Standing Orders of the Dáil that govern what happens when a vacancy occurs in the membership of the House. When that time comes, however, I suggest that we should put in place a system whereby the writ for a by-election is automatically issued after a specified period of time - three or four months, for example - if a motion issuing the writ has not already been passed at that stage.

I would like to conclude by referring to an issue that is significant in this context. The European Parliament election takes place on a five-year cycle. It can almost be predicted that at least one candidate who is a sitting Member of this House will be elected to the European Parliament every five years. I suggest that we should prepare for that possibility in advance of every European Parliament election. When a Deputy is elected to the European Parliament, the Opposition should not have to wait for the Government to use its discretion to issue the writ for the by-election. The people of Donegal South-West and every other constituency deserve better treatment. We need to find a means of tidying up this long-standing issue.

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