Mayo Fine Gael TD Mr Michael Ring today served proceedings on the Attorney General to start his legal challenge to the Bill ending the dual mandate.
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The Local Government Bill was signed into law by the President, Mrs McAleese, on June 2nd and means TDs and senators will no longer be able to serve on local authorities after the local elections in mid-2004.
Mr Ring has been critical of the Bill since it was introduced in the Dáil by the Minister for the Environment, Mr Cullen.
The TD said he regards the change "unconstitutional . . . undemocratic, and an unwarranted interference in the right of the electorate to determine who should represent them at all levels in our democracy.
"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.
The Mayo TD confirmed his legal team has gone to the High Court "seeking a declaration that the relevant statutory provision is contrary to the Constitution of Ireland, and is void and of no effect".
The TD said he is seeking an early hearing date because of the impending local elections due to be held in the next 12 months.
It is understood that a number of Independents, including Kerry South TD Mr Jackie Healy-Rae, are considering supporting Mr Ring's challenge.
Attempts by the Minister for the Environment in the last government, Mr Noel Dempsey, to introduce dual mandate were dropped following strong opposition from a number of Independent deputies.
