Fine Gael has secured permission from the High Court to bring legal proceedings aimed at forcing the Government to hold byelections in the Dublin South and Waterford constituencies.
The proceedings follow last week’s judgment of the President of the High Court, Mr Justice Nicholas Kearns, upholding the challenge by Sinn Féin Senator Pearse Doherty about the government’s delay in moving the writ for the Donegal South West byelection.
Waterford-based Fine Gael Senator Patrick Coffey has challenged the failure to move the writ for his constituency arising from the vacancy created when Fianna Fáil's Martin Cullen resigned his Dáil seat on health grounds on March 8th.
Fine Gael South Dublin consistency chairman Michael Van Turnhout has also challenged the delay in holding the byelection arising from George Lee’s resignation on February 8th.
While the Government has indicated the writs for the byelections would be moved in the first quarter of next year, his clients were anxious to have the case heard as early as possible, Frank Callanan SC, for the applicants, said today.
In judicial review proceedings against the Government and the Attorney General, with Dáil Éireann as a notice party, Mr Coffey and Mr Van Turnhout are seeking declarations that the delay in moving the writ is unreasonable, unlawful, excessive and in breach of their rights.
They are also seeking declarations that the delay in moving the writs is unconstitutional and in breach of the Electoral Act 1992. They want orders directing the Government to take all necessary steps to ensure the clerk of the Dail issues a writ to cause an election to be held in each of the constituencies.
Both applicants claim attempts to have the writs moved were made by way of motions to the Dail last May, September and earlier this month but those motions were all defeated by the Government. This was to the detriment of the people living in both constituencies, it is claimed.
Leave to bring the proceedings was granted by Mr Justice Michael Peart. He made the matter returnable to later this month. The judge said the proceedings could be mentioned to the President of the High Court when the action brought by Mr Doherty is mentioned before him later this week.
Mr Callanan, for the applicants, had earlier told the court the Chief State Solicitors Office had indicated in correspondence they intended to lodge an appeal against the Doherty judgment with the Supreme Court immediately after the matter is mentioned before Mr Justice Kearns. The Government intended to seek an early hearing in the Supreme Court, it was also stated.
If the Supreme Court upheld the High Court judgment, the Government would immediately move the writ for the byelections, it had been indicated in the correspondence.
In an affidavit, Mr Coffey of Mount Bolton, Portlaw, Co Waterford said the Government’s decision to oppose the motions to move the writs was “undemocratic” and “contrary to the spirit of the constitution.”
Mr Van Turnhout, of Isiltir Slate, Cabin Lane, Sandyford, Dublin said in his affidavit the lack of representation in Dublin South was fundamentally unfair and placed the area at a distinct disadvantage when compared to neighbouring constituencies.