Independent Co Mayo TD Beverly Flynn begins a constitutional challenge today to provisions of the Electoral Act 1992 that prevent a person who is a court-declared bankrupt from being a member of the Dáil.
The proceedings were mentioned on Friday by Gerard Hogan SC, for Ms Flynn, before Mr Justice Thomas Smyth, who directed they go before the Bankruptcy Court today when an application by RTÉ to have Ms Flynn adjudicated a bankrupt is due before the court.
RTÉ brought the proceedings over Ms Flynn's alleged failure to pay any of the €2.84 million legal costs arising from her unsuccessful libel action against the station and chief news correspondent Charlie Bird.
It is unclear what effect Ms Flynn's proceedings will have on how the bankruptcy proceedings are dealt with. Counsel for Ms Flynn will ask the court for direction today as to how her action should proceed.
Ms Flynn is contending that Sections 41 and 42 of the Electoral Act 1992 are unconstitutional. They prevent a person who is an undischarged bankrupt under an adjudication by a court from being eligible for election to, or being a member of, the Dáil.
Section 42 provides that where a member of the Dáil has been adjudicated bankrupt and where that order is not annulled within six months, the Examiner of the High Court shall notify the Dáil chairman and thereafter a vacancy will exist in the Dáil.
Ms Flynn wants declarations that both sections are unconstitutional, void and of no effect and wants an injunction restraining their effect. She is also seeking damages.
In its bankruptcy proceedings, RTÉ is alleging that Ms Flynn has failed to pay any of the total bill of €2,848,088, which it contends is due arising from the libel action of 2001.