An Independent candidate in next month's Údarás na Gaeltachta elections may mount a legal challenge over new regulations for the vote introduced by Minister for Community, Rural and Gaeltacht Affairs Éamon Ó Cúiv.
Séagh Mac Siúrdáin, who is standing for community groups across Galway, said that the revised regulations militated against Independent candidates and could unduly politicise the board of Údarás na Gaeltachta.
The Minister issued notice of the new regulations when he set April 2nd as polling day in the seven constituencies of Galway, Donegal, Kerry, Mayo, Cork, Meath and Waterford. Some 17 members of the 20-strong board are elected and three, including the chairperson, are appointed by the Minister.
The Minister ruled that the election would be held under the provisions of the Electoral Law Reform Act of 2002, which found that the practice of taking deposits from candidates was unconstitutional.
Nominations must include a certificate of political affiliation to a registered political party or be assented to by 15 voters in the constituency, excluding the candidate or any person proposing him or her.
The Minister also ruled that the name of the political party of each candidate would be shown on the nomination and ballot papers, where appropriate. The political party emblem would also appear on the ballot paper, where appropriate, together with the candidate's photograph, if so desired, he said.
The Minister has defended the rule changes on the grounds that the new legislative provisions were enforced in last year's local elections.
He said that he was anxious to ensure consistency in election procedures. It would be "totally unacceptable to have two different election procedures in force in the event of two or more elections being held on the same day".
However, Mr Mac Siúrdáin said that a nomination paper was a legal document and he knew of no other legal document which required more than two signatures.
The Electoral Reform Act of 2002 had clearly replaced one unconstitutional measure with another, he claimed.
Mr Mac Siúrdáin said that hitherto individuals had a right to run for the Gaeltacht authority on the basis that its main aim was development of the economy of the Gaeltacht to facilitate preservation and extension of the Irish language as the main language of the community.
The Minister would be making it much more difficult for Independent community representation on the board, he said.
Mr Mac Siúrdáin is currently awaiting further legal advice on a possible High Court challenge. "I am amazed that the Independents who stood in last year's local elections did not make more of this," he said.
Nominations for the Údarás na Gaeltachta elections are being accepted this week and close at noon next Monday, March 14th.
