TD may appeal dual mandate ruling

FINE GAEL Deputy Michael Ring is considering appealing a High Court judgement which upheld the Government’s decision to ban TDs and Senators becoming councillors.

The court found the TD's constitutional rights were not breached by the Government's ban on members of the Oireachtas running in the local elections.

Mr Ring said last night he will meet his legal team next week to decide if he will appeal the judgement.

"I am disappointed. I do feel passionate about it and I think it's very wrong that because I'm a member of the Oireachtas, I'm not allowed stand for the council," Mr Ring said.

The TD could face a huge legal bill when the costs are decided next week, but he's not ruling out challenging the judgment in the Supreme Court.

"I took the case to give the people of this country an opportunity to decide who they wanted to vote for in the next election.

"I though this would be a straightforward case it turned out to be very complicated. As a democrat I have to accept the decision, but I have options open to me," he said

Mr Ring said county and town councils across the country will lose competent people due to the ending of the dual mandate, which means TDs and Senators can no longer run for the council.

"I think we are taking away a vital link from the people. Surely it's a matter for the people to decide who they vote for, and not the courts or the Oireachtas."

Mr Ring's legal team had argued that to single out Oireachtas members was discriminatory and unfair.

The State claimed it was within its rights to end the dual mandate.

Ms Justice Mary Laffoy said that, while an individual had a constitutional right to stand for election to the Dáil, no similar protection exists for those wishing to stand for a local authority.

The dual mandate was abolished in the Local Government Act 2003 brought forward by the Environment Minister Martin Cullen.

The minister introduced the legislation despite strong opposition from dozens of TDs.

In her 45-minute ruling, Ms Justice Laffoy said "while the plaintiff may understandably feel aggrieved" his argument that the ending of the dual mandate breached his constitutional rights was "untenable".

Mr Ring said he will stand down as a member of Mayo County Council in June to retain his Dáil seat.