Diarmuid Wilson (Fianna Fail)

I concur with the comments of Senator Glynn, Senator Coffey and particularly those of Senator Ellis about the people of County Leitrim who feel disenfranchised as a result of the outcome of the commission's report. It should be noted that the constituency commission consisted of the following members: a judge of the Supreme Court nominated by the Chief Justice, the Ombudsman, the Secretary General of the Department of the Environment, Heritage and Local Government, the Clerk of the Dáil and the Clerk of the Seanad. The function of the Constituency Commission was:

. . . to make a report in relation to the constituencies for—

(a) the election of members to the Dáil, and

(b) the election of members of the European Parliament.

(2) In preparing a report [it states quite clearly] under subsection (1)(a) a Constituency Commission shall, in observing the relevant provisions of the Constitution in relation to Dáil constituencies, have regard to the following:

(a) the total number of members of the Dáil, subject to Article 16.2.2° of the Constitution, shall be not less than 164 and not more than 168;

(b) each constituency shall return 3, 4 or 5 members;

(c) the breaching of county boundaries shall be avoided as far as practicable;

(d) each constituency shall be composed of contiguous areas;

(e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency; and

(f) subject to the provisions of this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies.

On subparagraph (c), the breaching of county boundaries shall be avoided as far as practicable, as Senator Ellis pointed out, both on Second Stage and on Committee Stage, the commission, by virtue of the answer that the Minister gave Senator Ellis on Second Stage, was clearly in breach of the terms of reference as laid down. I believe Senator Ellis has independent legal advice which indicates that as a result of the breach of terms of reference of the commission, this Bill is unconstitutional and if challenged, will fall.

I join with Senator Ellis and other colleagues in appealing to the Minister of State, Deputy Micheál Kitt, to ask the senior Minister in the Department of the Environment, Heritage and Local Government to have the Attorney General check this legislation and, if necessary, bring it before the Supreme Court. The last outcome we want prior to a general election, which will be taking place in three and a half years' time, is any challenge to this Bill or the ramifications that such would entail.

It is appalling that any member of the general public who requests information under the Freedom of Information Act on how the commission came to its decisions should be refused it. It is outrageous that an elected representative of this House should have to request this information in the first place under the Freedom of Information Act, but it is appalling that when he requests it he is refused. On what basis was Senator Ellis refused this information?

There was clearly a conflict of interest because the person refusing him the information was part of the commission that came to the decision to disenfranchise the people of County Leitrim and the various other counties that have been outlined here by my colleagues on both sides of the House. I ask the Minister of State to get clarification on the matters raised under this section.

I welcome one part of the Bill, that which enlarges the north-west constituency for the European elections, the old constituency of Connacht-Ulster, or the three counties of Ulster and the province of Connacht and the County of Clare. We are now joined by the counties of Westmeath and Longford, and I very much welcome that. It gives a realistic possibility of somebody from the part of the country from which I come, that is, Cavan, Monaghan, Leitrim, Longford, Westmeath, being elected to the European Parliament, and I very much welcome that. However, the Bill is flawed in respect of the areas I outlined, and my colleague, Senator Ellis, outlined here previously, and I would very much welcome the Minister of State's comments in that regard.