The Government will hold the Donegal South West byelection between November 22nd and 29th it was announced this evening.
Government chief whip John Curran told a press conference at Government Buildings shortly after 8pm this evening the Cabinet had decided to appeal the High Court's judgment but that the writ would be moved tomorrow and the byelection would take place between November 22nd and 29th.
Earlier today the High Court ruled the Government had offended the spirit of the Constitution by failing to hold the long-awaited byelection. It upheld a challenge by Sinn Féin Senator Pearse Doherty to the Government’s refusal to hold the poll.
The Green Party had called for the writ for the Donegal South West byelection to be moved immediately. They also called for the other three votes to take place in the spring.
High Court President Mr Justice Nicholas Kearns supported Mr Doherty’s claim that the writ for the vote should have been moved some time in the 16 months since the seat was vacated by Pat 'The Cope' Gallagher following his election to Europe.
He said the Government has offended the spirit of the Constitution by failing to hold the vote. However, the judge stopped short of ordering the Government to set a date for the crucial ballot.
“I am satisfied that the delay in this case is so inordinate as to amount to a breach of the applicant’s constitutional rights to such a degree as to warrant the court granting some form of relief,” Mr Justice Kearns said.
“Far from the court tearing asunder the provisions of the Constitution by adjudicating on this application, it is the ongoing failure to move the writ for this by-election since June 2009 which offends the terms and spirit of the Constitution and its framework for democracy.”
Following the judgment, Sinn Féin Dáil leader Caoimhghín Ó Caoláin said he would be moving the writ for the byelection in the Dáil tomorrow when the Taoiseach will be represented in the chamber by Tánaiste Mary Coughlan, who is a TD for the constituency.
Mr Doherty took the court challenge after the Dáil twice voted down the writ to hold the byelection.
Speaking after today's ruling, he said the judge had delivered a "fatal blow" to the Government.
“I was forced to bring the Government kicking and screaming before the courts over its denial of democracy,” he said. “With three other byelections now due, the Government has little if any prospect of survival. The game is now up. The Taoiseach should now do the right thing and call a general election.”
Three other constituencies are also waiting for vacant seats to be filled - Waterford, Dublin South, and Donegal North East - after former Fianna Fáil TD Jim McDaid resigned his Dáil seat yesterday, accusing the Government of taking political soft options and not tackling the real issues. He said a general election should have been called before the December budget.