Dick Roche (Wicklow, Fianna Fail)

In answer to Deputy Murphy, my advice is that if I were to do something other than what I am doing, this would be subject to challenge. A matter can always be the subject of challenge as any individual with the ways and means can challenge any issue in the courts. It is certain that if I were to move in the direction which the Deputy is suggesting, it would be subject to a successful challenge because the court in its judgments has made it clear that the final report of the census must be used.

The Deputy asked whether a change in law in necessary and this point was taken up by Deputy Gilmore. It is always a matter that can be reviewed whether a principle may be changed. However, it is only in relatively recent times that Dála have been running for fixed terms. There is no provision in law for Dála running a fixed term; it is a coincidence that the last few Dála have run for fixed terms as will this Dáil run for its full term. Changing circumstances always need to be borne in mind when legislation is being drafted.

With regard to the constituencies commission, the terms of reference are established in Part 3 of the Electoral Act 1997 and I do not intend to depart from it. The membership of the commission is also specified in that Act. It will include a judge of the Supreme Court or, following consultation with the President of the High Court, a judge of the High Court nominated by the Chief Justice who shall be chairperson of the commission. The other members are the Ombudsman, the Secretary General of the Department of the Environment, Heritage and Local Government, the Clerk of the Dáil and the Clerk of the Seanad. I do not intend departing from this membership.

I have given an undertaking that I will trigger the mechanism within 24 or 48 hours, depending on the day of the week the CSO reports. I accept the Deputy's point that it is somewhat frustrating to be in a constituency where the numbers have grown very dramatically and where a new situation may pertain but it would be even more dramatic if we changed at this stage.

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