THE GOVERNMENT is today expected to notify the High Court it will defend a challenge to its refusal to move a writ for a byelection in the Donegal South West constituency.
Sinn Féin Senator Pearse Doherty brought the challenge earlier this month and the case is listed for mention this morning.
A Fianna Fáil source said: “The Government will be defending it. It should be a matter for Dáil Éireann and not for the courts.”
The vacancy in Donegal South West was created by the election of Pat “the Cope” Gallagher to the European Parliament in June last year.
Mr Doherty unsuccessfully contested the general elections in 2002 and 2007, as well as the European election in 2004.
Sinn Féin president Gerry Adams will attend the proceedings, which are being taken against the Government and the Attorney General, with Dáil Éireann as a notice party. A Government spokesman said: “The Government will respond in court.”
Mr Doherty yesterday appealed to the Coalition to withdraw from the case and allow the byelection to go ahead as soon as possible. “The Government has only itself to blame for finding itself in the dock in the High Court . . . They have put democracy on hold for the people of Donegal South West to suit their own narrow party political agenda,” he said.
“I, or any of my fellow constituents, should not have to go to the High Court to defend our constitutional right to equal representation.
“The fact is that I would prefer not to, but the Government has forced my hand. The fact that the Government is prepared to go to the High Court to defend its denial of equal representation to the people of my constituency is a sign of both their arrogant attitude and their fear of the electorate.”
Mr Doherty said if the Government had “any sense of decency” it would allow the vacant Dáil seat to be filled.
On July 12th, Mr Justice Michael Peart gave Michael Forde SC, for Mr Doherty, leave to seek a declaration by way of judicial review that the Government is under a duty not to oppose motions to have the writ moved.
The application for leave hearing, made on an ex-parte (one-side only) basis, gave Mr Doherty permission to seek a review, with the Government required to respond to the application at a later date.
Dublin South and Waterford also have vacancies for one TD in each constituency.
The final report of the cross-party committee on the Constitution, published last week, said byelections should be held within six months of the death or resignation of a TD.
Fine Gael and Independent TD Maureen O’Sullivan have this year introduced Private Members’ Bills proposing that byelections be held within six months of vacancies occurring.
