John Curran (Dublin Mid West, Fianna Fail)

While this discussion is premature as the Government has not had an opportunity to consider this morning's judgment in the High Court on a case taken by Senator Pearse Doherty, I am happy to inform the House of the position that arises for discussion by the Government later today.

On 29 September 2010, I informed Dáil Éireann it was the Government's intention to move the writ for the by-election to fill the vacancy for membership of Dáil Éireann in the Donegal South-West constituency and the writs for two other by-elections in the first quarter of 2011. On that occasion, I referred to the severe economic and fiscal challenges facing the State. I conveyed that, until Christmas, the Government would be working to ensure a budget that will be as fair as possible to the State's citizens and helps to further its economic recovery. I also emphasised the importance of preserving and creating jobs as a policy issue and the work undertaken by the Government to both frame a budget and fix the State's banking system. The Government is engaged in an intensive phase of budgetary discussions as it prepares its four-year plan and works towards budget 2011 in December.

We are living through an economic crisis with few parallels in our history. Many individuals, families and businesses have been badly affected. The economy is now emerging from recession with growth returning and the prospect of much stronger growth next year. The budgetary figures for this year are broadly on target.

However, despite this progress, our borrowing costs have increased significantly on international markets which is not sustainable. The work we are all involved in is of the utmost seriousness. It is essential to Ireland's future prospects that we overcome the challenge we face to our economic independence from the burden of debt on the public finances. To do this, we need to win the confidence of financial markets and our European partners by producing a credible plan which provides us with a sustainable way forward.

At this crucial time, we need to be able to demonstrate that we are able to manage our own affairs. A credible four-year plan will show Ireland has the capacity and the will to get its fiscal house in order. By setting out now the approach to how we will reduce our deficit, we can restore confidence in Ireland and return sustainability to the public finances. This is essential to underpin future economic growth and job creation for our people. We have no choice but to take quick and decisive action to regain confidence on international markets. This has been the focus of all the Government's attention.

The Government notes today's ruling by the High Court. It argued in court that Article 16.7 of the Constitution imposed no time limit for the holding of by-elections but left the matter to the Oireachtas. The Oireachtas itself had not imposed any time limit in the legislation. The court took the view there should be implied into the legislation a requirement that by-elections be held within a reasonable time. The Attorney General is considering the implications of the judgment for the Government.

The Government has been holding regular meetings to prepare for the four-year plan. At the end of last night's meeting another meeting was scheduled for 5 p.m. today. This meeting will be the first opportunity for the Government to be briefed by the Attorney General and to consider the judgment which deals with constitutional issues of considerable importance with ramifications beyond the scope of this individual case. The Government will now consider those implications and it will make a decision on what is the appropriate action to take.

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 the direction of the Dáil. It does not provide for any time limit but the court in this judgment has held that a requirement to move the writ in a reasonable time must be read into the section. Once the writ has been issued the Minister for the Environment, Heritage and Local Government makes an order in accordance with section 96 of the Electoral Act 1992. This order is made as soon as possible after the issue of the writ, in practice the same day. The order sets out the appointed polling day which must be not earlier than 18 days nor later than 25 days following the issue of writ, disregarding Sundays, public holidays and Good Fridays. The order also sets out the hours of polling, which must be at least 12 hours, between 7 a.m. and 10.30 p.m.

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