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Micheál Martin seeks legal advice on by-elections as general election speculation intensifies

Micheál Martin seeks legal advice on by-elections as general election speculation intensifies

By-elections to fill four Dáil seats – left vacant by newly-elected MEPs Kathleen Funchion, Aodhán Ó Ríordáin, Michael McNamara and Barry Cowen – will now not have an influence on the date of the general election.

It was believed in June these would have to be held within six months of their election to the European Parliament, leading some in political circles to believe the Government would be better off calling an election instead of holding the by-elections.

But the Foreign Affairs Minister has now sought out legal advice on when they would have to be held and said earlier this week the issue of by-elections doesn’t arise.

His comments come as speculation intensifies as to when the general election would be held – in November, or as the Fianna Fáil party leader said on Monday, in February.

“I don’t think any by-election will be held before the next general election,” Mr Martin said, which would avoid by-elections in December or January and then a general election again just weeks after, meaning some constituencies would go to the polls twice in a few months.

“My understanding is that the legal advice would sustain that proposition that I’m putting to you.

“So I don’t see any by-elections before the next general election and I’ve been consistent in terms of saying February would be an ideal date to hold it, but I think the immediate focus is on the Budget.”

Taoiseach Simon Harris has repeatedly insisted the three Coalition party leaders only discussed a general election when he was first elected Fine Gael leader in April; where he promised the other party leaders the Government would go to “full-term”.

A Government spokesperson on Wednesday evening said he sought out “informal legal advice”.

“The Tánaiste’s comments at his party event referred to his own informal legal advice after the Local and European elections in June on when the by-elections would need to be held,” they said.

“The Government has not sought any legal advice, nor discussed the date of a by-election.”

Meanwhile, the Taoiseach told his parliamentary party he hopes the “principles and parameters” on how to spend Apple’s €14bn windfall to Ireland will be set out on Budget Day.

Mr Harris said the money will be spent on investments and infrastructure and said it was “completely wrong” to say the windfall could have been collected, and interest gained on it, before last week’s court decision.

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