Court ruling on byelection

Madam, – I am deeply grateful to John Gormley TD  for introducing legislation affording me the opportunity to elect a Dublin…

Madam, – I am deeply grateful to John Gormley TD  for introducing legislation affording me the opportunity to elect a Dublin mayor (Dáil report, November 4th). Perhaps he might take some time out from dreaming up new jobs for politicians and allow me vote in a byelection for the vacant position created by the departure of George Lee? – Yours, etc,

DAVID FitzGERALD,

Knocknashee,

Goatstown, Dublin 14.

Madam, – The Government defeat in the High Court with respect to the moving of the writ for the Donegal South West byelection is a victory for common sense (Front page, November 4th).

The corollary of the Government’s argument presented in the case was that the Dáil holds the ability to arbitrarily suspend the clearly outlined Constitutional entitlement to full representation held by relevant citizens for up to five years (the longest time currently permitted between general elections), which patently is not valid.

An extract in the judgment concluded that the refusal to allow the moving of the writ “offends the terms and spirit of the Constitution and its framework for democratic representation”. In making reference to the possible ability of the High Court to intervene to ensure that the byelection could eventually be held, to uphold constitutional obligations, Mr Justice Nicholas Kearns simply re-affirmed that, notwithstanding the principle of the separation of powers, the courts are the ultimate arbiters of the State.

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The fact that the Government has indicated that it wishes to challenge this by appealing to the Supreme Court is astonishing. What is the point of spending taxpayers’ money in the aim of fighting for the right to delay, to an unreasonable degree, the holding of byelections, so that some of those taxpayers could then go without their due extent of Dáil representation for an undefined period?

That the Donegal South-West will finally be held before the end of this year is welcome. However, clearly there is an effective onus for the byelections in Dublin South and Waterford to also be held immediately. In addition, there is no reason why the fresh vacancy in Donegal North East should not be filled rapidly. By holding them separately, the Government is merely exacerbating any distraction caused due to holding byelections that they fervently claimed to wish to avoid. – Yours, etc,

JOHN KENNEDY,

Knocknashee,

Goatstown, Dublin 14.

Madam, – We must be grateful for an independent judiciary whose action in provoking a byelection in Donegal has stemmed the tide of friendly fascism which has been brought upon us by the Fianna Fáil-Green Coalition. – Yours, etc,

NIALL McMANUS,

Maudlin Street, Kilkenny.

Madam, – It is interesting to see Sinn Féin’s position regarding proper representation of the electorate of Donegal South West. Fair play to the party. It is now only right that the Government is forced to hold the byelection and the people of Donegal can be properly represented.

But I would like to ask Sinn Féin, what about the constituents of Belfast West, Fermanagh Tyrone South, Newry Armagh, Tyrone West and Mid Ulster? After electing Sinn Féin candidates in the last Northern elections, are these voters to be afforded the same rights as those in Donegal South West? – Yours, etc,

DONAL FOLEY,

Luttrellstown Avenue,

Castleknock, Dublin 15.

Madam, – I appeal to Brian Cowen not to waste our money on an appeal to the Supreme Court.

The issue is abuse of power not separation of powers. – Yours, etc,

MICHAEL FITZPATRICK,

Bindon Street, Ennis, Co Clare.

Madam, – Will the High Court decision regarding the unconstitutional delay in holding the Donegal – and by extension other overdue byelections – be known to posterity as “Cowengate“? – Yours, etc,

ADRIAN J ENGLISH,

Kilcolman Court,

Glenageary, Co Dublin.

Madam, – I note that the Minister for Finance, Brian Lenihan stated this week, “I find it very difficult to see how we can have a general election in the midst of the type of international financial difficulties we are facing at present”. Perhaps he is unaware of the Unites States elections that took place in 1944 while that country was engaged in a world war. – Yours, etc,

JACK BUTLER,

Meelick,Co Clare.