SF: Delay in holding by-election ‘inordinate’

THE Government has denied that there has been an unreasonable delay in holding a by-election in Donegal South West, the High Court heard yesterday.

And it has reiterated a statement made last month by Minister for State at the Department of the Taoiseach and its chief whip, John Curran, that it intends moving the writ for the by-election in the first quarter of next year.

The claims came on the opening day yesterday of Sinn Féin Senator Pearse Doherty’s challenge over the refusal by the Government to move the writ for the by-election caused by the election of Pat the Cope Gallagher to the European parliament in June last year.

Mr Doherty is seeking a declaration there has been an inordinate delay in moving the writ. It has been the longest delay in holding a by-election in the history of the state, the court heard.

The case is against the Government and the Attorney General who say Mr Doherty’s claims of delay and Constitutional breaches are misconceived. It denies the Constitution imposes a requirement that there shall no be less than one TD per 30,000 of population or that there has been any breaches of the Electoral Act 1992.

The Government has urged the court not to grant the declaration sought by Mr Doherty having regard to articles 15 and 16 of the Constitution concerning the separation of the powers of the executive and judiciary.

The Constitution does not impose any timeframe within which vacancies must be filled and it is a matter exclusively for the Dáil to determine, the Government argues.

Mr Doherty claims there are constitutional requirements, affirming a “democratic state”, whereby there should not be less than one TD for every 30,000 of population.

On account of existing Dáil arithmetic, the only realistic prospect of getting the Donegal South West vacancy filled, is for the Government “at least” not to oppose a motion to move the writ, it is also claimed.

Mr Doherty says that members of his of his party have endeavoured to have writ moved, but these were resisted by the Government and as things stand there is “no realistic prospect of it (Government) ceasing to resist such motions for the foreseeable future”.

Richard Humphreys, counsel for Mr Doherty, told the court yesterday Mr Curran swore an affidavit outlining a statement he made to the Dáil on September 29 last about the Government’s intention to hold three by-elections, including Donegal South West, in the first quarter of next year. This could not be done any sooner because of the financial situation facing the country and unless it was addressed, there would be damage to the economy, the minister said.

Mr Humphreys said he was not now inviting the court order the writ be moved but to make a declaration that the delay in holding it is unreasonable.

The case continues before the President of the High Court, Mr Justice Nicholas Kearns.