Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 64: To ask the Minister for the Environment, Heritage and Local Government if his Department, in its role of overseeing electoral law, has incurred any expense in court cases relating to interpretation of electoral law to date in 2010; and if he will make a statement on the matter. [37699/10]

John Gormley (Dublin South East, Green Party)
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My Department is involved from time to time in court cases relating to operational matters arising at elections, the consideration of which may involve the interpretation of electoral law. My Department has not directly incurred costs in any such cases in 2010.

Deputy Hogan will be aware of the judicial review being heard in the High Court this week in the matter of a by-election in the Donegal South West Dáil constituency. My Department is not a respondent in this case and it would not be appropriate to discuss the case in the House as the hearing has not concluded.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I would have thought it was appropriate for the Minister in charge of electoral matters to ensure that by-elections are held much earlier. He indicated he had an open mind on the matter, but when we moved a Fine Gael Bill to ensure a time limit applied to the holding of Dáil by-elections, he subsequently voted it down - so much for consensus on these matters.

Will he indicate the estimated cost to the Exchequer and to his Department arising from the court proceedings that are now the subject of a judicial review in the High Court?

Brendan Howlin (Wexford, Labour)
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I would rather the Minister did not estimate the outcome of a case.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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No, I am talking about its cost.

Brendan Howlin (Wexford, Labour)
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The awarding of costs is a matter for the courts, not for this House.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am sure that the Leas-Cheann Comhairle would agree that there is an estimate of costs that will be associated with these proceedings on behalf of the taxpayer.

Brendan Howlin (Wexford, Labour)
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It would be better if that question was put once the case was concluded and determined by the courts.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Minister accede to the provision in the Fine Gael Private Members' Bill to apply a limit of six months on the filling of future by-election vacancies in light of the judicial review that is taking place in the High Court?

John Gormley (Dublin South East, Green Party)
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Legal expenses incurred by my Department in regard to the oversight of electoral law and policy relate primarily to operational matters arising at elections. No legal firms are retained by my Department directly. All cases are handled in the first instance by the Chief State Solicitor's office and no costs have arisen in 2010. The State Claims Agency deals with election injury cases and no costs in regard to such cases have arisen for my Department in 2010, to answer those questions directly.

As for the latter question, that is something that we will have to consider when it arises.