A Limerick man's claim that the Taoiseach and Tanaiste cannot both be absent from the State at the same time was rejected by the Supreme Court yesterday. The submission was made by Mr Denis Riordan, of Clonconane, Redgate, who stood unsuccessfully for the Dail in 1987 and for the European Parliament in 1984. He had appealed a 1995 High Court decision dismissing his claim.
In the Supreme Court yesterday, Mr Justice O'Flaherty said Mr Riordan had submitted it was necessary for the Taoiseach or Tanaiste always to be at "the helm of the ship of state in case something occurs that is within the Taoiseach's bailiwick".
It was agreed both men were abroad at the same time on four dates in 1994. It was common case that if a duty or function fell to be performed by the Taoiseach within the State on any given occasion, then it would be necessary for either the Taoiseach or Tanaiste to be in the State.
Mr Riordan was not asserting that on the dates in question any such duty or function fell to be performed or discharged, the judge said.
Mr Justice O'Flaherty said there was no obligation on the Taoiseach and Tanaiste to be in the country at the same time except when a duty or function fell to be performed by the Taoiseach in a particular circumstance.