Diarmuid Wilson (Fianna Fail)

I welcome the Minister of State, Deputy Michael Kitt, to the House. The main purpose of the Bill is to implement the recommendations in the report of the independent Constituency Commission on revisions to Dáil and European Parliament constituencies, published in October 2007. In addition, the Bill amends the law relating to the constituency revision process and provides for the introduction of alternative procedures for the nomination of non-party candidates at European Parliament and local government elections. Parts 2 and 3 provide for implementation of the recommendations of the Constituency Commission's report on Dáil and European Parliament constituencies. Article 16.2.4° of the Constitution provides that: "The Oireachtas shall revise the constituency at least once in every twelve years, with due regard to changes in distribution of population". This article requires that constituencies be revised whenever population changes, as shown in a census, bring about population to Deputy ratios in individual constituencies that are significantly out of line with the national average. That is the case now and the Oireachtas must respond accordingly.

In accordance with section 5 of the 1997 Act, a constituency commission was set up in April 2007, chaired by Mr. Justice Iarfhlaith O'Neill. The other members of the commission were Mr. Kieran Coughlan, Clerk of the Dáil, Ms Deirdre Lane, Clerk of the Seanad, Ms Geraldine Tallon, Secretary General of the Department of the Environment, Heritage and Local Government and Ms Emily O'Reilly, the Ombudsman. The main features of the commission's report on the Dáil constituencies were as follows: there should be no change in the existing level of Dáil membership, namely, 166 seats; the total number of constituencies should remain at 43 and no change should be made in 19 constituencies; there should be an increase of one seat in both Louth and Dublin West constituencies, together with changes in the areas covered by the constituencies; there should be a reduction of one seat in both Dún Laoghaire and Limerick East constituencies, with the latter to be renamed as Limerick City and there should be changes in the areas covered by the constituencies; the area and names of two constituencies should change, with Kerry North and Limerick West to be amended to Kerry North-West Limerick and Limerick, respectively; and six changes, many of which are small, should be made to the areas of 18 other constituencies.

Like many who spoke in the House last week and today, I am disappointed with the commission's recommendations in respect of a number of constituencies but particularly concerning the division of County Leitrim. I come from County Cavan which borders a good part of that county and I am familiar with the thinking of the people there. They are disgusted by the decision and the recommendation before us in the Bill. They believe they have been disenfranchised. This happened before. They were divided for 20 years until 1981 when the constituency became Sligo-Leitrim and remained so until the previous general election. They were very disappointed on that occasion but were given to understand that when the constituency came again for revision, County Leitrim would once again become the constituency of Sligo-Leitrim and hold its county boundaries. As Senator Ellis stated the other day and as Senator Coffey noted today, the people of a county feel they should have a representative who was born in that county. Unless the recommendations of this report are changed, the people of County Leitrim will never again have a native-born person representing them. That is a fact.

Senator Ellis raised a point of order with the Minister, Deputy Gormley, and asked him to clarify that the main feature of the commission's report in respect of Dáil constituencies was that no change was to come in the existing level of Dáil membership of 166 seats. He asked if that were the true position and the Minister responded that it was. Senator Ellis has received independent legal advice which suggests that, if such is the case, this Bill is unconstitutional. Last week, Senator Ellis said in his contribution on this Bill that he had made requests under the Freedom of Information Act 1997 regarding the report. He was told that no information can be provided as this is a sacrosanct decision. He also contacted the Ombudsman who made the same ruling and told him the only place where this Bill could be challenged was in the High Court.

It is very regrettable that a public representative, not to mention an ordinary member of the public, is not entitled to see the documentation relating to how this commission came to its decision. Senator Ellis is convinced, as are many of the public representatives in County Leitrim, that this Bill is unconstitutional and, if challenged, would fail. This is where I disagree with Senator Coffey. If the commission had decided to increase the number of Deputies from 166 to 168, which it was entitled to do, this would have avoided the counties of Limerick, Meath and Leitrim being divided. This decision is regrettable and should be re-examined. I appeal to the Minister of State to appeal to the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to revisit this before it ends up in the courts. I am assured by Senator Ellis that this will happen. The people of county Leitrim feel disenfranchised. That is not good enough.

I pay tribute to the Dáil and Seanad representatives who represent Leitrim. They are excellent, first class public representatives, but the people of County Leitrim are entitled to have their boundaries reinstated. A six-seater constituency of Sligo, Leitrim and Roscommon could be created to effect this.

Regarding the European Parliament constituencies, I welcome the fact that counties Westmeath and Longford are in the constituency of North-West, joining the provinces of Connacht and Ulster and County Clare. This gives the opportunity to the people of the part of the country from which I come, Cavan, Monaghan and Leitrim, a realistic opportunity of having somebody elected to the European Parliament. I welcome that fact and look forward to the Minister's comments, especially on County Leitrim.