A High Court judge, who ruled two years ago that legislation requiring Dáil and European election candidates to pay deposits was unconstitutional, has been asked to award exemplary damages to the retired Wexford builder who had taken the legal challenge.
Mr Thomas Redmond, Coolree, Wexford, had argued he could not pay the deposits without suffering undue hardship when he submitted nomination papers for the 1992 and 1997 general elections and for the 1994 European election. His name was omitted from the ballot papers.
In July 2001, Mr Justice Herbert found the requirements for candidates to pay £300 deposits in Dáil elections and £1,000 in European elections was "unjust and unfair" in that such deposits discriminated between citizens.
He held that Section 47 of the Electoral Act 1992 and Section 13 of the European Parliament Elections Act - which required the payment of the deposits - was unconstitutional.
Mr Patrick McCarthy SC, for Mr Redmond, said yesterday his client was entitled to exemplary damages because the legislation had been oppressive and because his client had been prevented from standing in elections. The link between the legislation and Mr Redmond's inability to stand in the three elections had resulted in a loss of opportunity.
Mr McCarthy said the Minister for the Environment had been on notice since 1984 of potential problems. The award of damages would highlight the seriousness of the breach, which went to the heart of the democratic process. Damages should also be awarded to Mr Redmond to prevent such arbitrary conduct taking place in the future.
He said those damages should be assessed by the court in the knowledge that Mr Redmond had not suffered any pecuniary damage.
Mr Patrick MacEntee SC, for the Minister, said the court had made no finding that there had been a deliberate breach of a constitutional right and the first question for the court, therefore, was whether it ought to award damages because of a finding that the legislation was invalid.
Power to declare an Act unconstitutional was vested in the High Court and, on appeal, to the Supreme Court. It was recognised that, in any modern society, the legislature might from time to time make mistakes about the delicate business of adequately protecting the rights of citizens.
The Oireachtas, comprised of people from all walks of life, could not be expected to have the legal skills and acumen to head off any possibility of inroads into the rights of persons. Mr Redmond had invoked the jurisdiction of the courts and the courts had declared the legislation infirm. As far as Mr Redmond's case was concerned, that should be an end of the matter.
The hearing will resume at a date which has yet to be fixed.