SINN FÉIN Senator Pearse Doherty has brought a High Court challenge to the Government’s refusal to move a writ for a byelection in the Donegal South West constituency.
The vacancy was created by the election of Pat “the Cope” Gallagher to the European Parliament in June last year.
Mr Justice Michael Peart yesterday gave Michael Forde SC, for Mr Doherty, leave to seek a declaration, by way of judicial review, that the Government is under a duty not to oppose motions to have the writ moved.
The application for leave was made on an ex-parte (one-side only) basis.
Mr Doherty narrowly lost out on winning a seat in the three-seat constituency in the 2007 general election after winning almost 8,500 first-preference votes.
The ex parte hearing gave Mr Doherty leave to seek a review. The Government will be required to respond to the application at a further hearing on July 29th.
Mr Doherty said yesterday he believed that the case would be successful, and dismissed the contention that it could potentially compromise the separation between the legislature and the judiciary.
He said his case was grounded on very strong constitutional principles, including the requirement that there should be no more than one Dáil deputy for every 30,000 people in the electorate.
He said the ratio in Donegal South West has been one Deputy to 36,000 people for well over a year.
Sinn Féin leader Gerry Adams said the decision was an important development in the effort to coerce the Government to live up to its democratic responsibilities.
“Like constituencies across this country, Donegal South West is facing serious economic difficulties, including high levels of unemployment in particular.
“Continued political under-representation can only compound the problems of disadvantage being experienced in Donegal South West.”
Sinn Féin has made several attempts in the Dáil to have the writ for the byelection moved but has not been successful.
The proceedings are against the Government and the Attorney General, with Dáil Éireann as a notice party, and the case will be back before the court later this month.
On account of existing Dáil arithmetic, the only realistic prospect of getting the vacancy filled is for the Government to “at least” not oppose a motion to move the writ for the byelection.
In an affidavit, Mr Doherty said he was making the application to the court as a registered elector in Donegal South West. His party had endeavoured to have the writ moved but those efforts were resisted by the Government, he said.
There was “no realistic prospect” of the Government ceasing to resist such motions “for the foreseeable future”, particularly because it was using a whip to “control” many members of the Dáil, he said.
Under Dáil standing orders, a motion to move the writ cannot be tabled for another six months from the previous occasion, except with permission of the Ceann Comhairle, he added. His solicitor had written to the Attorney General on three occasions since June 18th last, seeking confirmation the writ would be moved expeditiously but in his replies the Attorney General had “in substance” rejected the request.