A professor of political science has told the High Court the abolition of the dual mandate, under which a Dáil deputy could also hold a local council seat, allowed for the infusion of "new blood" into the political system.
Prof Michael Laver of Trinity College, Dublin, was giving evidence for the State in a challenge by the Co Mayo Fine Gael TD, Mr Michael Ring, to the ending of the dual mandate as provided for in the Local Government (No2) Act 2003. Mr Ring claims the Act is unconstitutional.
In evidence, Prof Laver told Mr Donal O'Donnell SC, for the Attorney General, that abolition of the dual mandate did not cut off the traditional route into politics and did not impinge on a Dáil deputy's capacity to represent their constituency. "I find it very hard to see any arguments against the abolition of the dual mandate," he said.
He handed in a report to the judge in which he stated that he found it very hard from the political perspective to see any principled argument against the ending of the dual mandate.
The report stated: "The most important argument is that it is designed to enhance the separation of local and national government systems to the clear benefit of both. Representational anomalies were removed whereby some electors may find that their TD is also their county councillor while others would find that their TD is someone else's county councillor." With the end of the dual mandate, the local government system was improved by providing a distinctive role and status for councillors, removing the undesirable two-tier system of councillor-TDs and non-TD councillors. It also got rid of the perception that being a local councillor was something that many national legislators do "in their spare time".
Prof Laver said the 2003 Act in no way infringed on any person's right to be a member of Dáil Éireann. While it did restrict the option of a member of the Dáil also being a local councillor, that option did not appear to him to be a constitutional right in any sense. Ending the dual mandate implemented a very sound policy designed to enhance the roles of both local and national government.
In reply to Mr Gerard Hogan SC, for Mr Ring, Prof Laver said he did not accept that the abolition of the dual mandate interfered with the democratic choice of the electorate.
The hearing resumes before Miss Justice Laffoy on Tuesday.