Ireland will today fight a rearguard action to preserve a vestige of the dual mandate for MEPs against opposition from 13 member-states. The UK will also try to defend the right of Mr John Hume and the Rev Ian Paisley to continue to sit in two, if not three, assemblies, Westminster, Strasbourg and Stormont.
EU Foreign Ministers are due to agree to a common regulation which would require MEPs once elected to immediately vacate seats in national assemblies - Stormont is thus not a problem. The Republic argues they should only have to do so at the next general election, so obviating the need for a by-election.
Although the Government accepts the general principle that the dual mandate should go, it argues that the peculiarities of the Irish electoral system make the requirement potentially destabilising.
In most other electoral systems, either a by-election is likely to produce a replacement deputy from the same party as the departing member, or a replacement is simply drawn from a party list without the need for by-elections. Because of the single transferable vote in multi-seat constituencies, a by-election in the Republic can often result in a change of party representation.
The Minister for Foreign Affairs, Mr Andrews, no doubt mindful of the Coalition's precarious Dail position, will argue that the strict requirement for a TD to vacate the Dail when elected to Strasbourg could bring down an Irish government.
He will suggest a derogation to allow TDs to serve in both Houses until the subsequent general election.
