An application by an unsuccessful candidate in the recent Seanad election seeking a full recount of the agricultural panel vote is to be opposed, the High Court was told on Thursday.
Earlier this month, Kildare county councillor Angela Feeney was granted permission by the court to present a petition challenging the conduct of the counting of votes for the 11-member panel.
Cllr Feeney, who is a member of the Labour Party’s central council, claims she was refused a full recount by the returning officer, who is also clerk of the Seanad.
She said only the 23rd count was recounted and she and her agents were not allowed to be present during that recount.
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It meant, she said, she lost out on a seat by just one-ninth of a ballot, which she said was the margin of difference between her and the next candidate who was then elected, Fine Gael’s Maria Byrne.
The one-ninth calculation is possible because in Seanad elections each valid ballot paper is deemed to have a value of 1,000 votes, which meant the total valid poll for the agricultural panel was 95,667 votes.
Cllr Feeney wants the results overturned and a recount ordered.
Her High Court application earlier this month was presented on a one side only represented (ex parte) basis and the matter was returned before Mr Justice Micheál O’Higgins on Thursday.
The court was told that nine of the 11 elected agricultural panel senators had put in an appearance and were represented by lawyers. The Minister for Housing, Local Government and Heritage, the Attorney General and the Director of Public Prosecutions, who are notice parties, were also represented.
Conor Power SC, for Cllr Feeney, said the returning officer and a number of the senators who had put in an appearance had indicated they would oppose the petition.
It had been agreed with the respondents that the case could be dealt with through affidavits and through direct oral evidence as required, he said.
The judge said there was obviously a degree of urgency to the case given that the new Seanad has already sat but there was a balance to be struck between that urgency and giving the respondents an opportunity to “muster forces and gather information”.
He was concerned however about possible “drift” which would delay the case getting on.
Catherine Donnelly SC, for the returning officer, said her client agreed there was an urgency to the case but her side would be able to indicate its position when the case next comes before the court.
Cian Kelly, for four Fine Gael senators who are respondents, including Maria Byrne who has been elected leas cathaoirleach, said his clients wanted to await an affidavit from the returning officer as they were otherwise being “asked to swear affidavits blind”. Their position would be dictated by what the returning officer would say, he said.
Gavin Rothwell, for Senator Sarah O’Reilly (Aontú), said his client may not take any active role in the proceedings but was reserving its position.
The Minister, the Attorney General, and the DPP, as notice parties, were also reserving their position, the court was told.
The judge gave directions for the exchange of documents and put the case in for mention in early April.
