Ciarán Lynch (Cork South Central, Labour)

I want to begin by thanking Fine Gael for bringing this Bill before the House this evening and commending Deputy Hogan on a Bill which has a simple and measurable intent.

Reform can be looked at in three different ways. We can follow the big bang theory where a specific Minister decides that he or she will reform a number of measures at once or we can have the incremental approach where we engage in a reform process piece by piece over a period of time. I believe that what is being presented before the House this evening is very much the latter. It is a simple measurable immediate measure that can ensure that by-elections take place within a specific period of time.

The third reform option is where we follow what I call the "big blank" theory. The "big blank" is what we have been getting from the Minister, Deputy Gormley since he came to office. We will possibly see a White Paper later this year, but whether it will be ever implemented and whether it will take the format of previous White Papers remains to be seen. We are hearing much talk of reform, but before the Minister this evening is an opportunity to engage and accept one measure of reform.

In his speech this evening, the Minister stated he had some concerns about the proposal and that the six-month derogation was a difficulty for him. I would challenge him this evening to state that the Government will accept the Bill in its intent and at a later stage amend it so that emergency situations, such as the foot and mouth disease crisis, could put a deferment on it but that this House, in principle, accepts that no seat in Dáil Éireann will be left vacant for more than six months. That remedies the difficulty the Minister brought before the House this evening. If he believes that it is a genuine difficulty, here is a response to it I have given him and he can now let the Bill proceed.

The position to date has resulted in this issue being debated repeatedly. Since I came to the House in 2007, I think this is my third or fourth time speaking on the issue of by-elections. During that period I have heard Ministers of State and Ministers come in here with the most bizarre of excuses as to why a by-election should not be called. Two weeks ago Minister of State, Deputy Curran gave some excuse that we had to focus on the economy and that the elections would be a distraction. There was some other issue of nonsense from the Tánaiste and Minister for Education and Skills, Deputy Coughlan, that the children's referendum would be contaminated if there were concurrent elections on that day. In both cases, it was a direct insult to the intelligence of the electorate in this country.

The reality of the situation is that by-elections are a matter of fact. To date, we have witnessed two by-elections in this House and we have the issue of three more before us at present. Regrettably, by-elections happen due to the death of a Member, but they also happen due to resignations. By-elections now almost always happen as a consequence of results of European elections, which are on a five-year cycle. We know when the next European election will occur. It will occur in four years time, some time in June. The likelihood is that at least one candidate will be a Member of this House and he or she will be elected to the European Parliament. If one looks back over the past European elections, one will see that such is the case. Why not legislate proactively for something rather than allow the difficulties that arise from inaction come before the House, as they have this evening?

In essence, this is a problem that has long been before this House to which a solution has long been overdue and a solution has been brought before this House this evening. It is a solution that is simple, immediate and measurable. Put simply, it ensures that the democratic deficit that it is created in this House through the result of a single seat being vacant gets address.

At present, there are three seats unoccupied in this Chamber. Regardless of the constituencies in which these vacant seats are situated, it could be in my constituency of Cork South-Central besides Donegal South-West, Dublin South or Waterford, the principle of this is not geography; it is that there is a democratic deficit in this House where a constituency is being denied its full representation. It beggars believe to hear the Minister come in and give alternative explanations that defy that single fact, that there are three empty seats in this House that should be filled within the lifetime of the Government. Sadly, I do not think that will happen.

I have listened to the Taoiseach in recent days and weeks comment upon this. When being questioned on it, he states it is a matter for the Dáil. Unfortunately, the Taoiseach is telling a big fib in the media because it is a matter, not for the Dáil but for Government under the present structure. The Government has no appetite for a by-election. The Taoiseach should desist from stating that it is a matter for the Dáil because he is not being truthful with the public and he is certainly not being truthful with the electorate in each of those constituencies.

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