04/11/2010

Sinn Fein Wins Donegal Election Case

A challenge by a Sinn Fein senator, Pearse Doherty has led to the High Court in Dublin ruling that the Irish Government has "unreasonably delayed" holding a by-election in Donegal.

The decision came about after the seat in Donegal South-West was left vacant since June last year.

The court ruled yesterday that the delay was "unprecedented" and it amounted to a breach of Senator Doherty's constitutional rights.

Mr Justice Nicholas Kearns said it was the longest delay in the history of the Irish State and represented a significant proportion of the five-year parliamentary term.

He said the relevant legislation did not set out the time period within which an election should be called but added that he was satisfied it should be interpreted as requiring it to be called within a reasonable time.

However, Sinn Fein's is to introduce a writ in the Dáil to have the election held with Senator Doherty calling on the Taoiseach to call an election right away, noting: "The court decision has struck a fatal blow to the life of this Government."

The vacant Donegal South-East seat is one of four vacancies in the Dáil - but any of these being filled could spell the end of office for the ruling coalition of Fianna Fail and the Greens.

They have a very small parliamentary majority with 82 members supporting the Government and 79 in opposition.

As a further reminder that something must be done quickly, coalition partner, the Green Party has also now called for the Donegal South-West bye-election to be held as soon as possible.

Green TDs and Senators met after the ruling and Party Chairman Dan Boyle said that the Donegal bye-election writ should now be moved 'immediately', with the other three outstanding contests being held in the spring.

(BMcC/KMcA)

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