Joe Costello (Dublin Central, Labour)

I thank Deputy Quinn for sharing time with me. The legislation setting out the present practices in respect of by-elections is totally unsatisfactory. The Ceann Comhairle opened this debate by making it clear that he was using his discretion to allow the by-election writs to be moved again after a ten-week period. His remarks indicate that there are no hard and fast rules when it comes to by-elections, which is a pity. The Electoral Act 1992 empowers Dáil Éireann to initiate the process of filling any vacancy that might arise during the term of a Dáil. The procedure is controlled by the Government of the day, which can vote down every attempt by the Opposition to move a motion providing for the filling of a vacancy. It is particularly unsatisfactory that the political representation of the people of a constituency, which is an important issue, can become a political football. That should not be happening.

In February of this year, the Labour Party moved a motion in this House to seek to have the vacancy in the Dublin South constituency filled. It was reasonable to do so at that time, as six months had passed since the death of Séamus Brennan. The motion provided for a generous period of respect for the deceased, as a former Minister and much-admired Member of this House over many years. At the same time, it reflected the need to fill the vacancy and to ensure that the people of Dublin South were not left without their full quota of public representation for an unduly long period of time. The death of Tony Gregory, who represented my constituency of Dublin Central, occurred in January of this year, which is almost four months ago. Mr. Gregory was also a highly respected Member of this House. While the timescale is not nearly so great in this instance, it is worth pointing out that by 5 June, Dublin Central will have been under-represented in this House for almost five months. As Tony Gregory was an Independent Member, no political party in the Dáil can express the wishes of his supporters about the timing of the by-election at which his successor will be chosen. As his supporters have chosen a candidate to contest the by-election, however, it may be deduced that they believe a reasonable period of time has elapsed and it is time to choose a new Deputy in the constituency.

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