Alan Shatter (Dublin South, Fine Gael)

Will you let me conclude, Sir? There could have been only one of two results. Does the Minister of State agree that either the result would have been a declaration that the delay in holding the by-election was unreasonable or that it was not unreasonable? That was the only issue before the court. At any stage in the past two months did the Government sit down and consider what it would do if the court determined the delay was unreasonable, in the knowledge that this was the only issue the court had to consider?

Could the Minister of State explain to us what is in the gene pool of the Green Party that enabled its parliamentary party Members to digest this judgment within a sufficient time to do their traditional dance on the plinth of Leinster House and to shoot off in two opposite directions simultaneously? As the Minister of State is aware, the Green Party has concluded two things. First, that there should be a by-election straight away. Second, that there should be an appeal. These conclusions are contradictory but that does not seem to bother the Green Party. Will the Minister of State explain if it is because the Green Party has reached two entirely contradictory conclusions as a consequence of this judgment that the Minister for the Environment, Heritage and Local Government is staying outside the House for fear of making a greater fool of himself by having to respond to questions? Will the Minister of State not agree on the seriousness of the judgment delivered which essentially states, in the words of the judge, that a citizen's rights for representation, which are clearly delineated in the Constitution, amounts to a constitutional contract and that there has been an unprecedented failure to abide by that contract? In the context of such a pronouncement the line Minister should be in the House. Is it because the Green Party believes there should be a by-election and Fianna Fáil believes there should not be a by-election that the Green Party is outside the House?

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