Court action:A Dublin West constituent who is claiming the area should be represented by four TDs instead of three is seeking to join a legal challenge by two TDs to the manner in which Dáil constituencies have been revised, the High Court heard yesterday.
Feargal Molloy, who lives in the constituency, wants to join in the constitutional challenge by two Independent TDs and election candidates. Finian McGrath (Dublin North Central) and Catherine Murphy (Kildare North) are challenging the constitutionality of provisions of the Electoral Amendment Act 2005, which defines constituency boundaries.
Mr Justice Frank Clarke yesterday granted an application by the State to adjourn the case to Tuesday next. The case had been listed for hearing today.
Donal O'Donnell SC said both TDs accepted the validity of the general election that had been called and the timing of their action would have no bearing on its validity. The urgency consequently disappeared and there were expert witnesses on either side to be called in the case which would last at least four days.
The two Independent TDs were seeking to have the democratic validity of the election determined but, Mr O'Donnell argued, the court has no jurisdiction over democratic validity, only legal validity.
Frank Callanan SC, for the TDs, disagreed that the case had changed. However, he said it was not sought to restrain the dissolution of the Dáil or to impugn the legitimacy of the election.
The TDs brought the case following their analysis of the final census of population figures released last month. They claim the figures show a number of constituencies, including their own, will be over-represented and others will be under-represented.
They also claim the revised constituencies breach the constitutional provisions guaranteeing fair and equal representation of voters.