The High Court is to hear a case taken by Sinn Féin seeking to force the Government to hold a byelection in Donegal South West.
High Court President Justice Nicholas Kearns said today the hearing could go ahead on October 18th if a judge was available on that day.
Sinn Féin Senator Pearse Doherty, who unsuccessfully contested the general elections in 2002 and 2007, as well as the European election in 2004, brought the challenge earlier this month to the Government's refusal to move a writ for the byelection.
The seat is vacant following the election of Pat “the Cope” Gallagher to the European Parliament in June last year.
On July 12th, Mr Justice Michael Peart gave Michael Forde SC, for Mr Doherty, leave to seek a declaration by way of judicial review that the Government is under a duty not to oppose motions to have the writ moved.
The application for leave hearing, made on an ex-parte (one-side only) basis, gave Mr Doherty permission to seek a review, with the Government required to respond to the application at a later date.
Speaking this morning, Mr Doherty said he sought the judicial review because he believes the Government are “acting unlawfully and unconstitutionally” by denying the people of the constituency their entitlements under the constitution to equal representation.
Article 16 of the Constitution sets out that members of the Dáil should not represent more than 30,000 people, he said. At present, the two remaining Donegal South West TDs represent over 70,000 constituents each.
“It is on that grounds we have been granted leave for a judicial review,” Mr Doherty said.
Speaking after today’s ruling, Mr Doherty said the Government’s insistence on fighting the case would delay the byelection further.
“If the Government had any sense of decency it would have used the opportunity today to set a date for an election rather than a court case,” he said.
“They are attempting to defend the indefensible and the fact that they have come to the High Court to defend this is an indictment on their record and a testament of their fear of facing the electorate,” he claimed.
“This whole episode highlights the urgent need for a reform of the system of dealing with Dáil vacancies as they arise.”
Two other seats remain empty in the Dáil after former Fine Gael Dublin South TD George Lee resigned in February and former Fianna Fáil minister Martin Cullen stepped down as Waterford TD in March for health reasons.
A Government spokesman declined to comment.