Brian Cowen (Laois-Offaly, Fianna Fail)

-----because the judgment gives rise to importance constitutional issues regarding the separation of powers and the boundaries of the court's role in the important matter of elections and its power to make declarations that have the effect of requiring Government to exercise its voting power in a particular manner, and the need for certainty on the legal position with respect to future by-elections. An important issue has arisen here.

The importance of an appeal is underlined by the fact that yesterday's judgment is the first time the courts have interpreted the Constitution to give rise to an obligation of this nature. In the case of Dudley v. An Taoiseach, the High Court merely held that there was an arguable case that the Government was under an obligation to move the writ for a by-election which had been outstanding for almost 14 months. When Senator Doherty received leave from the High Court in July of this year, it had been 11 months since former Deputy Pat the Cope Gallagher had vacated his seat.

As regards the Government's constitutional obligations, the Government is appealing the decision for the reasons outlined on advice of the Attorney General. The Government has a constitutional obligation to do so. Like other litigants before the courts, it is fully entitled to await the determination of the matter by appeal. Pending the outcome of the appeal to the Supreme Court the Government decision remains unchanged with regard to the other Dáil vacancies that currently exist. In the interests of ensuring we respond in an appropriate manner to that which emerged yesterday from the High Court, the Government will proceed with the holding immediately of the Donegal South-West by-election.

See this speech in context