Dick Roche (Wicklow, Fianna Fail)

I thank the Deputy for raising both those matters. He has raised a fair point. As I explained on several occasions in the past, with regard to the census figures, the Deputy's latter point is correct in that the difference between the provisional and outcome census figures is likely to be marginal. There will be variances when we get down to the level we need to get for the drafting of constituency boundaries. Historically, that is where there have been significant differences. We do not know the variances until we have sight of the figures. The Deputy is correct in that it will be the last week in April that the CSO will publish the figures. As I indicated, as soon as figures are published, I intend to trigger the mechanism which will appoint the boundaries commission, which will then have six months to report and thereafter legislation will have to be introduced. That is entirely in accordance with the constitutional provisions, the law and the practice that has been adopted in the past.

My advice is firmly based on Supreme Court judgments. The position is that we use the final and not the preliminary figures. Preliminary figures are simply preliminary and notwithstanding that the variation between the preliminary and final figures tends to be minor, the final figures are those specified in legislation.

I agree with Deputy Gilmore that it is necessary to redraft the legislation for both local and European elections. As I explained on Committee Stage, we have adopted a different approach than was previously adopted. It was a case of picking a line and making a change which is an unsatisfactory approach to amending legislation. We have therefore rewritten an area of this Bill to avoid having to refer back to various Acts and amendments and this is the appropriate approach for any electoral legislation as such legislation must be clear and holistic in its approach. Deputy Gilmore is correct; it will be necessary and it is the Government's intention to introduce similar legislative change for both the European and local elections following the coming election or re-election. I agree with the Deputy's view that it is necessary to rewrite the legislation in both those areas. Whomsoever will stand here would take the same view.

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