The Mayo Fine Gael TD, Mr Michael Ring, has initiated his High Court challenge to the ending of the dual mandate, despite cross-party confidence that the legislation is constitutional.
He said yesterday he regarded the change - whereby members of the Oireachtas can no longer hold local authority seats - as undemocratic and an unwarranted interference in the right of the electorate to determine who should represent them at all levels in democracy. He added that he hoped to have an early court hearing on the matter.
In a brief statement, he reiterated his view that the Local Government (No 2) Act, 2003, giving effect to the measure, is unconstitutional. "The Constitution is unambiguous with regard to a citizen's right to be eligible for membership of the Oireachtas," he added.
"Membership of a local authority cannot be deemed a disability or incapacity of a nature as to deprive a citizen who happens to be a local authority member, and who is committed to that membership, from membership of the Oireachtas."
He said that having considered the issue very fully, noting the considerable support for his point of view from all parties in the Oireachtas, and having taken much legal opinion, he had decided to institute the appropriate proceedings in the High Court seeking a declaration that the relevant statutory provision was contrary to the Constitution and was void and of no effect.
Proceedings drafted on his behalf by Mr Gerard Hogan SC and Ms Eileen Barrington were issued yesterday in the Central Office of the High Court and were served by his solicitors, Patrick J. Durkan & Co of Westport, Co Mayo, on the Attorney General.
Mr Ring said it was his intention to have a statement of claim served within a short time, and he would then make an application to the High Court to have an early hearing date fixed.
"I am conscious of the fact the local elections are scheduled within the next 12 months, and it is important in the interests of democracy that this issue be determined quickly," he added.
Mr Ring, a member of Mayo County Council, has made it clear for several months, inside and outside the Dáil, that he would challenge the Bill's constitutionality if the President, Mrs McAleese, did not refer it to the Supreme Court.
By the time the President signed it into law, on the first Monday of this month, he had his legal team in place. Mr Hogan, a law lecturer in Trinity College and a member of the Constitution review group, is a well-known commentator on legal matters.
Selection conventions to replace members of the Oireachtas on local authorities have already been held by Fianna Fáil and Labourin some parts of the State. Those who stand down in advance of the next local elections, in the summer of next year, will qualify for a €12,800 compensation package.
The Minister for the Environment, Mr Cullen, has strongly defended the Bill, arguing that it would allow local government to develop its own separate role within democracy for the first time. In the last government the minister, Mr Noel Dempsey, failed to get the measure through because of opposition from a number of independent TDs keeping the coalition in power.
