CEANN COMHAIRLE SEAMUS KIRK was forced to suspend the Dáil for two ten-minute intervals this morning as opposition TDs attempted to question the government on its decision to appeal the High Court decision ordering the by-election in Donegal South-West.
As the Order of Business was being discussed, Fine Gael leader Enda Kenny attempted to ask the government why it had not agreed to pass his party’s own bill on by-elections in April.
That bill, he said, would have clearly defined the role of the Dáil in the calling of by-elections and if it was now adopted, would eliminate the requirement of the government to go the Supreme Court and seek legal clarification on the judicial role.
Labour leader Eamon Gilmore also said his party could not agree to the order of business, saying that the Dáil could not proceed with discussions on whether to hold the writs if the case was to remain sub judice at the Supreme Court.
The government needed to state its intention as to why it was appealing the decision first before it could agree to discuss the matter.
Both opposition parties also queried why John Gormley, the Minister for the Environment – who holds responsibility for the country’s electoral matters – was absent from the Dáil.
In response, Taoiseach Brian Cowen said the case had to be appealed because the law required certainty as to the separation of powers, especially as yesterday’s case was the first time the court had said the constitution provided any similar obligation for the Oireachtas.
The government had a constitutional obligation to seek clarity on the level of the judiciary’s powers to rule on matters of the Oireachtas, and was fully entitled to seek such an appeal.
In the meantime, Cowen said, the government’s position on the remaining by-elections had not changed, but was happy to proceed with the Donegal South-West by-election immediately in light of the court ruling.
Kenny, however, refused to proceed with voting on the order of business, saying he wished to present the Fine Gael bill in order to by-pass the need for a Supreme Court appeal.
Ruling such actions out of order, Kirk adjourned the house for ten minutes at 10:52am. When it resumed at 11:02am, Kirk overruled points of order raised by Kenny and proceeded to order a vote.
The government won the vote on moving the first item on the order of business – dealing with a new immigration bill and a motion on the statement of Budget estimates – by 72 votes to 65.
When Gilmore and Kenny refused to allow a vote on the second half of the order of business, discussing the by-election writs, the Dáíl was again suspended at 11:25am.
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