Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

The judge stated that while he did not propose to make a declaration that the Government is obliged to set down and support the motion for the issue of the writ or, at least, not impede or oppose such a motion, he stated: "I would hope, however, that any clarification provided by this judgment would have that effect." The judge went further. He said that the court might in another case following on from this one take a more serious view "if any government [...] was seen by the courts to be acting in clear disregard of an applicant's constitutional rights in continually refusing over an unreasonable period of time to move the writ for a by-election." Let us make no mistake, what the Government has now decided to do in the case of the other three awaited by-elections is exactly what Mr. Justice Kearns could well have been referring to.

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