Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

We will now deal with the consideration of public petitions. I propose that the petitions considered by the committee at this meeting and previous meetings be published and that the replies from the Departments and other bodies also be published. Is that agreed? Agreed.

There are seven petitions for consideration today. The first is P00006/22, which concerns by-elections in Ireland and how they may comply with legislation but not with the Constitution. The petitioner is Mr. John O'Malley, who states that:

The onus is on representatives elected to the Dáil/Seanad to ensure that the Democratic Process in relation to Dáil Elections is compliant with the Constitution. I am now asking you to amend legislation to make Bye/By Elections compliant with the current Constitution, to ensure that the wishes of the electorate are adhered to for the duration of the Dáil. This can quite easily be done by amending legislation similar to the system applied to EU and Council/Corporations elections where the electorate decisions are adhered to during the duration of the said bodies tenure even though such bodies electoral systems are not enshrined in the Constitution. Or alternately will you consider getting an all-party committee to examine same.

Or if you persist with the current legislation, are you going to organise a Referendum? If you are in any doubt, see, See Crotty v. An Taoiseach 1987. "It is not within the competence of the Government, or indeed the Oireachtas to free themselves from the constraints of the Constitution.

The recommendation is that the correspondence from the petitioner be forwarded to the Department of Housing, Local Government and Heritage for comment within 14 days and that we write to the Electoral Commission to gauge the progress made on by-elections. Do members have any views on this?