IF THE High Court decision by Mr Justice Kearns concerning the Donegal South West byelection came as a surprise to the Government, it only shows how arrogant and out of touch Ministers have become. Seeking to defend the indefensible, lawyers for the Government argued that if Sinn Féin’s Pearse Doherty won his case, it would amount to a violent infringement of the principles of the separation of powers. Not so. On the contrary, had he lost, the rights of citizens to normal parliamentary representation could have become subject to government diktat.
Refusal by the Government to fill the vacancy caused by the departure of Pat “the Cope” Gallagher to the European Parliament 16 months ago amounted to an affront to democracy. The length of time was unprecedented. On two occasions the Government voted down Dáil motions that would have allowed full representation to the electorate of Donegal South West. In doing so, it ignored normal political standards and the findings by the Constitutional Review Group that all Dáil vacancies should be filled within 90 days.
Motivation for this anti-democratic behaviour was unambiguous - the retention of political power. Any threat to its narrow Dáil majority had to be neutralised. Fianna Fáil Ministers had become so over-bearing and complacent as a result of their long years in office that they appeared to regard such behaviour as acceptable. Taoiseach Brian Cowen argued that a campaign to fill the Donegal seat – which would almost certainly have also involved holding byelections in Dublin South and Waterford - would distract from important ministerial work. As an excuse, it was profoundly undemocratic.
The treatment of the Donegal electorate is part of a wider, unhealthy pattern. Dáil debates – limited as they are – and parliamentary Question Time are frequently regarded by Ministers as unwelcome intrusions into their heavy work schedule. During the depths of our economic crisis, the Dáil was packed off for extended summer and winter holidays. A three-day working week in plenary session, for seven months of the year, does not represent acceptable parliamentary practice in the modern world.
Following the erosion of its working Dáil majority through the resignation of Independent Fianna Fáil TD James McDaid, the High Court judgment will further complicate the Government’s position. Growing tensions on economic issues appeared to spill over yesterday when, in advance of a Cabinet discussion, Dan Boyle and his Green Party colleagues demanded that the by-election writ be moved immediately.
The upshot will be an electoral contest before Christmas. The constituencies of Dublin South, Waterford and Donegal North East will not be affected and the Government’s bare working majority will be protected for the time being.
On past performances, Fianna Fáil could take the Donegal South West seat, thereby strengthening its Dáil position. But the political rule book has been torn up since 2007.