Evidence showed that Ministers who were excluded from being members of local authorities engaged in a good deal of constituency service because they did not feel their national profile was sufficient to carry them along, the High Court heard yesterday.
Prof Richard Sinnott, associate professor of politics at University College, Dublin, said prior to the enactment of legislation abolishing the "dual mandate" - where a Dáil deputy could also be a local council representative - some 75 per cent of deputies elected in 2002 had started out as councillors. A further 20 deputies became councillors after being elected to the Dáil.
He was giving evidence on behalf of Mayo Fine Gael deputy Mr Michael Ring who is challenging the constitutionality of the Local Government (No2) Act 2003. The proceedings are against the Attorney General.
The new legislation inserted a section which had the effect of disqualifying a person who is a member of either House of the Oireachtas from being a member of a local authority.
Yesterday, Prof Sinnott said the likely impact of the abolition of the dual mandate was a significant curtailment of the range of choice available to voters.
One had to assume that voters would continue to hold the same attitudes and put a high priority on local visibility and local constituency service.
There was a distinct possibility voters would prefer a candidate "on the ground" to incumbent deputies because the deputy would become more remote.
From the perspective of a TD, Prof Sinnott said the greatest threat could now be perceived as coming not from another incumbent TD but from a strong local councillor. The only way for the TD to combat that was to spend more time in the constituency.
In reply to Mr Donal O'Donnell SC, for the Attorney General, he agreed there was nothing in the legislation which precluded a deputy making representations on behalf of his constituents. However, he understood the argument was that if a TD was not on the local authority, then the effectiveness of representation was significantly diminished.
Independent deputy Mr Tony Gregory, who represents Dublin Central, said he was first elected to Dublin City Council in 1979, and to the Dáil in 1982. He objected to the abolition of the "dual mandate" because he believed people should have the right to say who they wished to elect at local and national level.
Labour senator Ms Joanna Tuffy said she believed the Oireachtas was losing the perspective given by county councillors.
Fianna Fáil deputy Mr Pat Carey, of Dublin North West, said when he was elected, he had been extremely uneasy about the abolition of the dual mandate because of fear of the unknown. There was the danger that somebody might creep up behind him when he was not on the local authority and build up a base. Since he stood down he had been replaced on the city council by another person who was working closely with him. He was pleased that the arrangement worked satisfactorily.
The hearing continues today.