Catherine Murphy (Kildare North, Independent)

The Constitution does not specify that the figures used should be the final census figures. The legislation which introduced the preliminary figures has not been tested. A significant number of constituencies show wide variations which are either positive or negative. It will be a case of constant catch-up because the census is held every five years and a Dáil term may be up to five years unless this is changed. According to the 2002 census figures Kildare North would have been entitled to an extra seat but this seat is only now available for this election. A constant catch-up is being played in the case of rapidly developing areas. This problem will continue as the population is expanding and Governments last for a full five years. Does the Minister favour changing or introducing legislation to allow for the use of the preliminary census figures? Has his legal advice given any prospect of or danger of a challenge, given that it is out of line with the Constitution in a number of locations? The Minister has refused to publish the legal advice but I ask him to inform the House whether advice suggested a challenge could be made. The variation between the number of seats and the population is significant and the value of the vote is not of equal value as it depends whether one lives in a rapidly developing area or an area where the population is declining; this is not the essence of democracy.

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