Special law needed to hold Seanad by-election

The Government is set to pass special legislation in the coming weeks in order to hold a by-election to replace former senator Deirdre Clune in the Upper House.

The recently elected MEP’s seat could be filled before politicians in Leinster House take their summer break.

Oireachtas sources say Taoiseach Enda Kenny, who nominates her successor, is expected to pick a Dublin councillor rather than someone from Ms Clune’s home city of Cork.

Due to the fact that a full-time clerk of the Dáil has still not been appointed, special legislation is needed to allow acting clerk Peter Finnegan to call the Seanad by-election. This will be introduced in the coming weeks.

Unlike normal Seanad elections, only members of the Dáil and Seanad vote in a by-election for the upper house.

“The intention is there’ll be no delay,” said a source in Leinster House. “There’s some question about the legal side of the role, which the Attorney General is looking at. Unlike the legislation for a Dáil by-election, it is less clear for the Seanad.”

Mr Kenny will then nominate a successor to Ms Clune, who was elected MEP for Ireland South in May.

Fine Gael sources say Mr Kenny will nominate someone who can perform well in the next general election.

Favourites include Dublin city councillor Noel Rock, who until recently worked for Senator Catherine Noone, and who took Fine Gael’s only seat in Ballymun.

The businessman is viewed as a strong candidate to win a seat in Dublin North West in the next general election, after party councillors Bill Tormley and Gerry Breen lost their seats in the constituency.

However, Mr Kenny is also understood to favour nominating pharmacist Kate O’Connell, who took a seat after coming in second place in the Rathgar-Rathmines area in the local elections.

Ms O’Connell is seen as a contender for Dublin South East to take on TD Lucinda Creighton, who fell out with Fine Gael over the abortion legislation and will run as an Independent in the next general election.

Fine Gael are keen to speedily replace Ms Clune, as the Government has a minority of two in the Seanad following her election to Europe and the defection of other senators.

“You could do up the numbers on the back of a piece of paper and it wouldn’t be far off the result,” said a source.