Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

As soon as the High Court issued its judgment yesterday, Sinn Féin Deputies tabled a motion for the Ceann Comhairle to direct the Clerk of the Dail to issue his writ for the Donegal South-West by-election. That motion is before the House. A Government doing its democratic duty and abiding by the High Court direction would have indicated straight away that it would not oppose the motion and would allow the by-election to proceed.

I quote the judgment of Mr. Justice Kearns: "This applicant's case relates to the effects of delay on his right to be represented by the number of members laid down by law, and the right to equality of political representation" and "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." God bless the Tánaiste, I hope she will be fit to face the hustings.

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