Pat Gallagher (Donegal South West, Fianna Fail)

At that time, 13 of the 15 Members elected had a dual mandate. Many of those Members were returned in June 1981 to serve in Government — a majority of those may have been from the Labour Party but I am simply making a point. While we have come a long way since then, I do not think anybody in this House would suggest that to have Members running for Europe would necessarily destabilise a Government. A minority Government or one with a small majority might lead in some cases not just to by-elections, but to a general election which could create uncertainty. In the unlikely event that the parties opposite were in a minority Government after the next general election, they might appreciate the point I make.

The Government has now decided that the derogation will apply only to this year's election and for the short period up to the next general election in 2007. Any change to this arrangement would require new legislation. We should remember that the provisions which permitted the dual mandate are set out in European law. It was only in September 2002 that agreement was reached on ending the dual mandate for Members of the national Parliament and the European Parliament.

Reference has been made to the position concerning the dual mandate with local authorities. The ending of that dual mandate has been on the domestic agenda for many years and was flagged many years ago. The directives of June and September 2002 are relatively recent, including the derogation agreed at EU level. As I said, this derogation will only last until the next general election in 2007. While I can appreciate the political points made by Senators Bannon and McCarthy, I add that these are more commitments of the heart than the head. If the Senators were currently in a minority Government or one with a slim majority, they would be the first to agree with me, although I appreciate they have to make these political points. However, I ask Members on the Opposition benches to appreciate that the Government has taken this decision. We are serious about it. As far as the Government is concerned, if there are to be further derogations it would require legislation.