Pearse Doherty (Donegal South West, Sinn Fein)

That is right. I think the Government had a majority of one in the early 1980s. If the by-election took place - one of the Coughlans had passed away - it was likely to be won by Fianna Fáil, which would have resulted in the collapse of the Government. It is unlikely that the Government will need to delay a by-election during the lifetime of this Dáil in order to stay in office. The introduction of this legislation by the Minister is the right step and the right thing to do.

I would like to reiterate one of the first questions I asked the Taoiseach after I was elected to this Dáil. I asked him whether the previous Government's decision to appeal last year's verdict to the Supreme Court would be halted in light of the likelihood of this legislation being presented. I should mention a possible conflict of interest, given that the reason for the appeal, which the current Government is continuing to uphold, was the decision I secured in the High Court. The Government's representatives and my own legal team have had to present themselves in the Supreme Court on a number of occasions. My team has presented itself there on three separate occasions. A great deal of work is being done on a weekly basis to prepare for that appeal. It is listed as a priority case in the Supreme Court.

Given that legislation is before this House to ensure by-elections are held within six months of the vacancy arising, given that the by-election which was the subject of my case has taken place and given that the Dáil to which I was subsequently elected no longer exists - a general election has been held since then - it makes no sense to continue to appeal the decision to the Supreme Court. It is nonsensical for the reasons I have outlined. If the appeal goes ahead in the Supreme Court - I do not wish to predetermine the outcome of the judges' deliberations - I suggest the clear decision that was made by the President of the High Court will be upheld. The arguments that were made last year are as valid today, if not more so in light of the introduction of this legislation, as they were at that time.

Many members spoke about the need to reform politics and reduce the costs associated with it. The costs involved in appealing this case to the Supreme Court are absolutely massive, especially at a time when cuts are being imposed in areas like education. The ongoing health cuts were discussed in the context of Sinn Féin's Private Members' motion. It is more than likely that the cost of this appeal will run into hundreds of thousands of euro. It will waste the time of the Government's legal representatives and of my legal team, not to mention my own time. If this section of the Bill is enacted, hopefully the Government will instruct the Attorney General to withdraw the appeal to the Supreme Court.

That said, this measure is to be welcomed and I commend the Minister on speedily introducing this legislation. The arguments put up by the previous Government simply do not wash. We should not have the right to postpone democracy for whatever reason. I do not agree with some listening to the debate who have argued that if there was another election pending in a number of months, we should suspend the by-election. I believe in a six-month outer limit.

One can look back, as I did in preparation for the High Court appeal, at the vacancies that were filled during difficult turbulent times in the State's history such as the Civil War where vacancies were filled within a number of weeks of a death arising. In recent times, it has not been as a result of death but the result of resignation or of Members being elected to higher office, etc.

There is also an argument being put forward, although not in this legislation, that by-elections are not the best way to deal with this issue and we should adopt one of the other member state's ways of dealing with it, which is, taking the next person on the list, namely the person who has the highest first preference vote afterwards, or the party or independent nominating someone to replace the Member, as happens at local authority level. I disagree because by-elections are a good barometer of public opinion and the Dáil must be accountable to the people. We are only here at the whim of the electorate and it is the people of the State who are sovereign. It is important, in terms of having that barometer, to be able to go to the people to ask who they want to represent them in the constituency and I commend the Minister on this legislation.

There has been much debate about this reduction in the number of TDs. I have listened to speakers who have argued for this say that no Government has ever brought in so much political reform. That is probably the case. There is much political reform. I stated on RTE this week that one of the matters on which I commend the Government is that it is bringing forward political reform. I welcome much of the stuff. There are some parts of it that I do not like but, in saying that, there is perhaps more that I could support than I would not support.

On political reform in the context of reducing the number of TDs, I can speak on my party's opinion but I will speak personally. I have not been convinced by any speaker as to how reducing the number of TDs will make this institution any more effective.

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