John Gormley (Dublin South East, Green Party)

The timing of the European Parliament elections is determined by the EU Council of Ministers by reference to the period corresponding to the first direct elections in 1979. Accordingly, they are held within a specified four day period in June every five years subsequent to 1979. The Council announced that the 2009 European Parliament elections would take place between Thursday 4 and Sunday 7 June 2009. In the context of this timeframe and having considered various factors, the Government decided to hold the European Parliament poll on Friday 5 June. I intend to make a polling day order to this effect very shortly and I will also appoint the chief returning officer.

Polling at local elections has been held in conjunction with the European Parliament elections since 1994 to facilitate voter turnout and to minimise disruption to the voting public and to others affected, such as schools etc. In line with this established practice, I made a polling day order on 31 March which fixed Friday 5 June as the polling day for the local elections. The order was made at this early stage solely to implement the new local election spending limits. To allow as many people as possible an opportunity to vote, and taking account of commuting patterns etc., the polls will be open for 15 hours between 7 a.m. and 10 p.m. I hope this will accommodate all voters.

I wish now to address specifically the motion before the House whereby Fine Gael seeks to move the writ for the holding of by-elections in Dublin South and Dublin Central. Electoral law does not specify a period for the holding of a by-election. The Dáil decides the timing. Section 39(2) of the Electoral Act 1992 provides for the issue of a writ by the Clerk of the Dáil to the returning officer on direction of the Dáil. The motion for the issue of a by-election writ is traditionally moved by the party to which the previous holder of the seat belonged. The writ is usually moved by way of motion requiring four days' notice. Once the writ has been issued, the Minister for the Environment, Heritage and Local Government makes an order appointing the day and hours of polling.

Section 96 of the Electoral Act 1992 provides that a poll will be taken on a day appointed by the Minister, by order, being a day which is not earlier than the 18th day or not later than the 25th day following the day on which the writ for the by-election is issued. Therefore, if the writs were moved now, the two by-elections in question would, in accordance with the law, have to be held just a week or two before the European and local elections. However, if the Opposition intended that the by-elections be held in conjunction with the European and local elections on 5 June, the writs should be moved between 6 and 14 May.

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