Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

The Chief Whip is absolutely right. The motion to move the writ will indeed come before the House tomorrow morning.

The Government does not know which way to turn following this morning's judgment. Does the Minister of State expect that the Government will fully accept the court's judgment? The judgment is that there is an ongoing failure on the part of the Government to call a by-election, and that it is in contravention of both the terms and spirit of the Constitution and its framework for democratic representation. What is the Minister of State's own response and expectation of this 5 o'clock meeting this evening? Has he noted Senator Dan Boyle's contributions on RTE at lunchtime when he indicated that the Donegal South-West by-election should proceed without any delay? Does the Minister of State expect that will be the position taken by Fianna Fáil? Is it reflective of the Green Party as a whole? I do not accept for a moment that, an hour before this meeting, the Minister of State has not taken the opportunity to have soundings with his party colleagues and his Coalition partners about all that was issued by 10.30 a.m. this morning. There has been ample time since then for the Government to have a position on these private notice questions and to answer them authoritatively. Clearly, however, the Minister of State is not in a position to do so. Will he indicate if the Government will, in the spirit of Mr. Justice Kearns's decision in the High Court, accept the writ here?

I presume the Minister of State is mindful of several of the comments of Mr. Justice Kearns this morning. He made reference to section 39(2) of the Electoral Act 1992. In the time he has taken to peruse the 53-page judgment, has the Minister of State noted that the judge stated the following?:

I conclude therefore that by well-settled principles of constitutional and statutory construction, section 39(2) of the Electoral Act 1992 is to be construed as incorporating a requirement that the discretion reserved thereunder be exercised within a reasonable time.

Has the Minister of State noted that in his conclusions, Mr. Justice Kearns stated that the court will simply make the declaration sought by the applicant to the effect that there has been unreasonable delay in moving the writ for the by-election in Donegal South-West?

I will not quote the judgment in its entirety, but has the Minister of State noted that Mr. Justice Kearns also stated as follows?:

I do not propose to make a declaration that the Government is obliged to set down and support the motion for the issue of a writ, or at least not impede or oppose such a motion. I would hope, however, that any clarification provided by this judgment would have that effect.

At this point, several hours after that judgment was issued, is the Minister of State in a position to tell the House that the Government will accept the writ when I take the opportunity to move it here tomorrow morning?

I trust we will indeed proceed to a by-election in Donegal South-West during the period between 22nd and 29th of this month and that the Government will consider holding the four by-elections now pending, including in Dublin South, Waterford and Donegal North-East.

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