Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

The judge said the court could intervene in such a case. The Government should note that. The Green Party has so little confidence in its Fianna Fáil partners in Government that it lost no time in rushing to the media yesterday to state that the Donegal South-West by-election should be held as soon as possible. The Greens may now present themselves as the watchdogs who got Fianna Fáil to abide by the court decision. What does that say about Fianna Fáil and the Greens who failed to press for the holding of the by-elections and voted against the moving of the writ in Donegal South-West on no less than three occasions in this House?

We have a situation, with four by-elections now pending, where the Government's majority of three is less than the number of vacant Dáil seats. We can now dispense with the claim, repeated last night on a radio programme I shared with the Minister of State, Deputy Mansergh, that it could not hold the by-election because it would have distracted the Government from the economy. That is nonsense. Is democracy and giving the people their rightful say a distraction? Taking that position is an insult to the people and to the electorate.

The Government should have held this by-election within a few months of the vacancy at most, in autumn 2009. It could have held it in early 2010, in spring 2010, in summer 2010, but no, it chose to delay and delay. It could have held the by-election when Senator Pearse Doherty first took the case. Again, no. It decided to fight the case all the way using taxpayers' money - something the Government intends to continue to do. Let there be no nonsense about this being a distraction or a drain on the Government at a crucial time. This by-election could have been out of the way long ago, and should have been. All the other delayed by-elections should now also take place and there should be no repeat of the continual deferment in order to suit the political decision of the Government of the day.

The Government has no mandate for what it has done and is doing in terms of the bank bailout, NAMA, the savage cuts and the doomed budgetary approach that is going to further depress the economy. It has been desperately trying to avoid any chance for the people to deliver their verdict, but deliver a verdict they will - in advance of the budget for 2011.

Senator Pearse Doherty deserves congratulation for taking this case as a representative citizen of the people of County Donegal. I take the opportunity to do so today in this Chamber. In July 2010, the Oireachtas Joint Committee on the Constitution, chaired by a member Fianna Fáil, recommended a change in the law to the effect that Dáil vacancies must be filled within six months. Recommendation 18 relates to the filling of casual vacancies in Dáil Éireann. It states that whenever a casual vacancy occurs in the membership of Dáil Éireann, legislation would require that a by-election be held to fill the vacancy within six months of the vacancy occurring. The findings of the Constitution Review Group in 1996 were quoted by the President of the High Court in his judgment that was delivered yesterday. It was proposed to change Article 16.7 of the Constitution so as to require the holding of a by-election within 90 days of the vacancy occurring. Instead of wasting more taxpayers' money in an appeal to the Supreme Court, the Government should implement the recommendations of these reports. It is clear that the appeal is an attempt to delay other by-elections taking place. I express a preference for the recommendations of the review group of 1996.

The Government claims to want to appeal this case in order to clarify the issues. That is nonsense. The issues could not be clearer. With due respect to the President of the High Court, Mr. Justice Kearns, his judgment is crystal clear. What line within the 53 pages does the Government not understand? The reality is that the Government wants to appeal the judgment in order to forestall citizens in Waterford and Dublin South from being able to express their position on the Government. It is ignoring their rights to be duly represented in this House in accordance with the number of seats provided for and in terms of their right to full participation in this Chamber, the same rights that were affirmed to Senator Pearse Doherty yesterday in the High Court.

The Government should proceed now, not only with the Donegal South-West by-election, but with those in Dublin South, Waterford and Donegal North-East. Sinn Féin concurs with other voices in the House that this should be the case. The fact that it has only been created earlier this week does not make a whit of difference. Let the political parties put forward their candidates and positions and let the people of County Donegal, north east and south west, decide. That is the challenge we are putting to Government today.

This is not about a Government limping to get across the finish line of a budget vote on 7 December. This is about the future of Ireland in the next five, ten, 15 and 20 years. This is about the future of our children. A Government with no mandate is about to impose not only a savage budget but also a four-year budgetary plan - an attempt to tie the hands of a future Government and rigidly set our economic direction, all before the people have the chance to give their verdict in a general election. What a tragedy that the Government has been facilitated in this by the so-called main Opposition parties, Fine Gael and Labour, who have joined the consensus for cuts and signed up for a deficit reduction of 3% by 2014 regardless of the consequences. Savage cuts have not turned the economy around in the past three years and they will not do so in the next four. We need a programme of economic stimulus, revenue saving and raising to address the deficit, the protection of people on low and middle incomes, the safeguarding of social supports and the preservation of essential public services. Instead the Government is set on a path of destruction destruction of the income of low to middle income families, demolition of essential public services such as health and education, removal of social supports and the deepening of the recession. Let us make no mistake about that.

No county in Ireland, including the counties of Cavan and Monaghan that I am proud to represent, has experienced more emigration than Donegal, both historically and in our time. Recently, when we in Sinn Féin spoke of making the wealthy pay their fair share in taxation, the Minister for Finance, Deputy Brian Lenihan, spoke of people "fleeing the jurisdiction" as a consequence of our proposals. That is rubbish. The gall of the Minister for Finance to make such an accusation to an Opposition party that is delivering real and viable alternative proposals. The Minister and this Government care little for the young people forced to leave this jurisdiction, wholly and solely because of the destruction this Government has inflicted on the economy, resulting in 450,000 people on the dole and a renewed exodus and emigration of young Irish men and women to the four corners of the globe. Shame on the Government and the Minister.

I am reminded of what Peadar O'Donnell, a Donegal man of great note, said when he challenged Mr. de Valera on the rate of emigration. Mr. de Valera asked O'Donnell whether people would be emigrating were he in power. O'Donnell replied that they would be, but that they would be different people. I do not necessarily want the members of the Government to emigrate.

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