Electoral Commission may face legal challenge over constituency review

The Electoral Commission’s constituency review, which has left a high variance in the ratio of TDs to population in some places, could become the subject of a legal challenge, according to sources in one of the areas most affected by the proposed changes.

Following the publication of the commission’s recommendations on Wednesday, the Clare constituency now has the highest population per TD in the country, at 31,995. That is more than 8 per cent above the national average of population per TD of 29,593. The commission decided to increase the permissible variance from the average number of voters each TD represents – now 29,593 – from plus or minus 5 per cent in the existing constituencies to plus or minus 8 per cent.

The maximum limit set out by the Constitution is 30,000 population per TD.

Seventeen of the 43 general election constituencies are above that 30,000 limit, with Waterford, Dublin South West, Dublin Central, Donegal and Carlow-Kilkenny all 6 per cent over. In contrast the remaining 26 constituencies are below it, with Kildare South having a negative variant of more than 8 per cent, with 27,186 people for each TD.

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A reliable source in Clare said that in the 24 hours since the review was published, individuals connected to politics in the constituency have been considering taking a challenge, on constitutional ground, against the review’s recommendations.

The variance between constituencies, at up to 16 per cent, is the highest since records began. However, Oireachtas members in Clare have expressed no public criticism, with some pointing to the fact that the commission’s approach ensured there was no breach of the county’s boundaries.

“My view is the commission made the right decision,” said Clare-based Senator Timmy Dooley. “There were submissions and suggestions to take southeast Clare into Limerick but the commission did not accept it. In my view if the county boundary stands for anything in a constituency review, it has to be protected.”

In two constituencies with a large variance – Carlow-Kilkenny and Waterford – there was pointed criticism of the decision to leave the constituencies unchanged in terms of seat numbers and with a high ratio of population per TD.

[ Electoral boundaries review: How did your constituency fare? ]

Waterford TD Matt Shanahan said the decision to leave Waterford and Carlow-Kilkenny unchanged meant the net loss of a TD for the region.

“It is a kick in the teeth to us. The commission has diminished our representatives,” he said, adding that his constituency had been ignored yet again.

It was widely expected that Carlow-Kilkenny would be split into two three-seat constituencies. Instead, it remains a five-seater. However, 13 electoral districts in Kilkenny including Urlingford, Freshford and Tullaroan have been transferred into Tipperary North.

Fianna Fáil councillor Pat Fitzgerald, who is based in west Kilkenny, described the change as “bizarre and illogical”.

Green Party leader Eamon Ryan said the commission had done a good job but was constrained by the fact it could not allow for six-seat constituencies.

[ Smaller parties to be squeezed by constituency changes as Dáil grows by 14 TDs ]

“I think [six seat constituencies] will be needed in the future as it will allow us to adhere to county boundaries in the future, such as Kerry and Donegal,” he said.

Mr Ryan said the variances were necessary to preserve county boundaries where possible, which he said was very important.

The commission decided to change the Wicklow constituency from a five-seater encompassing the whole county to one with four seats in the northern part of the county while separating the southern area into the new North Wexford-South Wicklow.

Asked about the splitting of the constituency, and the potential threat to his seat in Wicklow due to the loss of Fianna Fáil votes in the rural south of the county, Minister for Health Stephen Donnelly said: “Every person who puts themselves forward for election is at risk. That’s the nature of elected politics.”

The Minister said he would have liked if Arklow had stayed in the Wicklow constituency, adding: “I love the town” and noted investment has taken place there in recent years.