Court rejects challenge to end of dual mandate

The High Court has rejected an application by Mayo Fine Gael TD Mr Michael Ring that the ending of the dual mandate as provided for in the Local Government Act 2003 was unconstitutional.

Miss Justice Mary Laffoy said there was no constitutional guarantee of the right to stand for election to a local authority. She said "that while the plaintiff may understandably feel aggrieved", his argument that the ending of the dual mandate breached his constitutional rights was "untenable".

Mr Michael Ring

Mr Michael Ring

Section 13 (a) of the 2003 Act amended the Local Government Act of 2001 to disqualify a member of either House of the Oireachtas from being elected or co-opted to or from being a member of a local authority.

Mr Ring's legal team had argued the right to stand for election to a local authority was enshrined in the Constitution. They also argued that the ending of the dual mandate was unconstitutional on the grounds it discriminated against certain individuals, namely members of the Oireachtas, from standing for election.

The State had argued the new laws maximised the effectiveness of persons who were members of local authorities by disqualifying persons from simultaneously being members of the Oireachtas and of local government.

In her 45-minute ruling, Miss Justice Laffoy said Article 28 (a) of the Constitution recognised rather than guaranteed  the role of local government bodies, leaving the power to define the role of such authorities to the Oireachtas. Therefore, she said, the right of citizens to stand in local elections was not covered by constitutional guarantees.

The judge also ruled Mr Ring had failed to establish that Section 13(a) infringed his constitutional guarantee of equality, and that he was not being discriminated against because he was a TD.

Speaking outside the court, Mr Ring told ireland.comhe was "disappointed" at the ruling, but had no regrets at having taken the case. He said he would now consult with his legal team and announce a decision on whether to appeal next week.

He said he would be standing down as a member of Mayo County Council in June in favour of retaining his Dáil seat.