Census figures could force constituency changes

THE Government is seeking advice from the Attorney General after yesterday’s preliminary census figures indicated potential legal problems with the constituencies for next year’s election.

Under the Constitution, there must be at least one TD for every 30,000 of the population.

But after recording a phenomenal surge of 26.8% in population since 2002 — from 73,186 to 92,800 — the Dublin West constituency now has 30,993 persons to each of its three TDs.

If those numbers are confirmed when the finalised Census data is released next year, it could represent a constitutional breach not to increase the constituency’s number of Dáil seats from three to four ahead of the summer general election.

Another constituency, Dublin North, is right on the cusp of the ratio set down by the Constitution. It saw its population swell from 98,863 in 2002 to 119,984 this year, an increase of 21.4%. These figures mean that the constituency now has 29,996 persons to each of its four TDs.

A second potential legal problem arises because of a separate constitutional requirement that the ratio of TDs to population in each constituency be the same throughout the country “so far as it is practicable”.

Yesterday’s figures showed the average ratio of persons to TDs is 25,512 to one.

The rule of thumb that has developed over the years is that constituencies should be within 5% to 8% of the average to meet the constitutional requirement.

However, Dun Laoghaire, with a ratio of 22,787 to one, is 10.7% below the average, while Cork North Central, with 22,842 to one, is 10.5% below. These figures suggest the constituencies are over-represented at the expense of other parts of the country.

Dublin West and Dublin North, meanwhile, are 21.2% and 17.6% above the average respectively, underpinning the suggestion that these constituencies are underrepresented.

Both Labour and Sinn Féin called for a review of the constituencies by a boundary commission.

The Government rejected the demand, saying the Census data was preliminary and that a boundary commission had never been established until the final figures were published.

However, it has forwarded the Census report to the Attorney General for legal advice. The Government will be hoping the Attorney General finds the preliminary figures hold no statutory force. This would mean it is not obliged to seek a constituency review on the basis of yesterday’s figures, thus avoiding a logistical nightmare with the election less than a year away.

But Labour leader Pat Rabbitte criticised the Government’s attitude.

“The Government has already displayed a staggering inability to maintain a reliable electoral register; they indulged in a fanciful misadventure on electronic voting that was riddled with error; and now their complacent disregard for these population figures and their constitutional implications demonstrates an irresponsible and arrogant attitude towards the integrity of the electoral process,” he said.