John Curran (Dublin Mid West, Fianna Fail)

It is with that in mind that it is the Government's intention to move the writs for the by-elections in the first quarter of 2011. I understand that once that has taken place, under the Electoral Act the vote must be held between 18 and 25 days after the day on which the writ is issued. That is the intention of the Government, and I hope it brings a greater clarity to the matter for Deputies.

It would be remiss not to make reference in my contribution to the upcoming case brought by Senator Doherty. In broad terms, the Government is of the view that the fact that the Donegal South West by-election has not been held to date does not give rise to a violation of the Constitution. Article 17.7 of the Constitution provides that "...elections for membership of Dáil Éireann, including the filling of casual vacancies, shall be regulated in accordance with law". The relevant law is section 39(2) of the Electoral Act 1992, which provides that the Ceann Comhairle shall direct the Clerk of the Dáil to issue a writ to the relevant constituency as soon as he is directed to do so by the Dáil.

It is Senator Doherty, and not the Government, who has brought the matter into the court. Now that this has occurred, the Government must defend the case because the case gives rise to extremely important constitutional issues concerning the separation of powers. Regardless of the way the case is decided, it will give rise to an important precedent.

I am aware that the proceedings in Senator Doherty's case will take place in public and will be heard on 18 October. However, I believe it would not be appropriate for me to pre-empt that judicial process by going into any further detail on the arguments that counsel for the Government will make.

I hope this sets out clearly and succinctly the side of the Government on this important issue. It is in this context that the Government will be voting against the motions brought forward by Fine Gael this evening.

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