Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

There are two principles at stake, one of which concerns the right of the House to order its own business. I absolutely believe we should not invite the courts to get involved in that matter. The second principle concerns inequality in representation. In 2007 I was involved in a constitutional challenge on that issue as there were great variations in some constituencies. In ten constituencies there were very significant variations. In a Dáil that is very finely balanced it can matter in the choice of Government formed. I believe it will be a moot point, given that the legislation is to be passed before Christmas. I hope that means that this challenge will be withdrawn.

In the case Deputy Finian McGrath and I took in 2007 neither of our constituencies was going to be affected by the proposed change.

Nor did we seek to contend that the election should not be held. The hearing happened during the election campaign. Mr. Justice Frank Clarke, the judge involved, said at the time that there was an obligation not only on the Government but also on the Oireachtas to set in train immediately the review of constituencies. He said the matter was of the utmost importance. We should learn some lessons in this regard, specifically that such a review must be done in a very timely way once the census of population has concluded. That is what we sought in 2007 and I think that is what has been happening since.

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