Pat Gallagher (Donegal South West, Fianna Fail)

I reiterate what I said on Committee Stage. The effect of this amendment would be that the temporary derogation for Members of the Oireachtas who stand as candidates in next June's European Parliament elections to hold the dual mandate until the general election to both Houses would not apply. The arrangement negotiated during the 1998 to 2002 discussions allowed for a rolling derogation because of the requirement, as pointed out by Senator Brady, for by-elections to fill vacancies, especially for Dáil Éireann. To fill vacancies by way of a list system or an internal arrangement would require an amendment to the Constitution. It is true that where there is a minority government or one with a small majority this could lead to a general election and would create uncertainty. This would not necessarily be in the best interests of the country, which should always come first. Any party could find itself in this situation.

Members will recall the European election in 1984. I cannot remember the candidates who stood, but I am sure there were some from the Government party. There was an opportunity for the coalition Government of 1982 to 1987 to take an initiative at that time, but it was not taken. I appreciate the points made by Senator McCarthy and Senator Bannon. There are political points to be made; I am making the political point about the mid-1980s.

I also accept Senator McCarthy's point about inconsistency. He is correct — it is inconsistent that the dual mandate allowing Members of the Oireachtas to be members of local authorities is no longer operative. We should not implement legislation to give that a mirror image. A minority government or one with a majority of one or two could be affected and we would not want that. However, we are making it known well in advance of the next election, whether it takes place in 2007 or earlier, that this will no longer apply and that this Government will not make any case for further derogations.

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 both Parliaments. Reference has been made to the position of the dual mandate involving local authorities. This was flagged for a considerable time. The ending of the dual mandate has been on the domestic agenda for many years. The directives of June and September 2002 are relatively recent and include the derogation agreed at EU level. It was a derogation for Ireland and the UK, with specific focus on Northern Ireland, in view of the triple mandate of Dr. Paisley and the dual mandate of Mr. Hume. This no longer applies in view of their decision not to contest the election. Our approach was practical and pragmatic. The Government will not seek to negotiate any derogation so those who are participating in the European election as Members of the Oireachtas will know where they stand at the next general election.

Perhaps the Senator will consider withdrawing this amendment as the situation will no longer apply after 2007 or the next election.