A legal action by a Fianna Fáil candidate in the general election aimed at securing the same limit on election spending for all candidates has been adjourned to next week by the High Court.
Mr Desmond Kelly of Moyglass Park, Lucan, Dublin, who is standing for Fianna Fáil in Dublin Mid West, claims that existing legislation discriminates in favour of candidates who are already Oireachtas members or MEPs.
Last month, he was given leave to seek a declaration that any limit imposed on election campaign spending must be equal for all eligible candidates for Dáil elections.
When the case was mentioned before Mr Justice McKechnie yesterday, Mr John Rogers SC, for Mr Kelly, said he had passed on additional affidavits.
Mr Eoghan Fitzsimons SC, for the State respondents, said he wanted to file a replying affidavit and asked for an adjournment to Thursday next.
Mr Rogers said the issue would become a formality if it was not heard soon. Incumbent candidates were entitled to know if they were exceeding spending limits imposed by statute having regard to his argument the legislation was unconstitutional.
He asked for an adjournment to Tuesday.
Mr Fitzsimons said the action could have been instituted at any stage over the previous 12 months as Mr Kelly was a candidate during that period.
For some "extraordinary" reason, he only instituted proceedings when the election was called.
While he "wouldn't dream of suggesting it was taken for publicity purposes", the case could have been taken at any time, Mr Fitzsimons added.
If Mr Kelly won - and the State would be strongly contesting his case, he said, - there would be consequences which could be addressed at any time.
Mr Rogers said his client would resent Mr Fitzsimons's comment. Mr Kelly had written letters to the Attorney General about his complaint.
Mr Justice McKechnie said he would adjourn the case for mention to Wednesday next and the court would review the position then.
He was mindful of the urgency of the matter and also that it could have been taken at any time.