Jim O'Keeffe (Cork South West, Fine Gael)

Does the Minister of State accept that the court judgment is as plain as a pike staff? There are no two ways about it. The court clearly finds the Government in the wrong in delaying the by-election. Does the Minister of State now accept that the issue is whether the Government is prepared to ignore its constitutional obligations, as clearly delineated by the judge? The judge states, "It seems to me that a citizen's constitutional rights are trenched upon and significantly diluted when no effect is given to rights for representation clearly delineated in the Constitution."

Apart from our Constitution, the European Convention on Human Rights is now incorporated in our legislation and the judge found that the way the Government was dealing with the matter was in breach of the convention requirements, which he interpreted as requiring the by-election to be held within a reasonable time of the vacancy arising. Does the Minister of State accept that an all-party committee of this House, including members of Fianna Fáil, unanimously agreed that by-elections should be held within six months of the vacancy arising? Can we get away from the hyperbole to which the judge referred and get down to basic facts? Will the Government fly in the face of the Constitution and continue to require the people of this country to have less representation than they are entitled to under the Constitution? Such an approach is damaging the democratic principle. There is a clear constitutional requirement on the Government to proceed with the by-elections, particularly those concerning vacancies of more than six months.

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