High court action over number of TDs discontinued

A legal action by former Labour Party TD Joe Costello aimed at ensuring the enactment of laws increasing the number of TDs before the next general election is held has been discontinued at the High Court.

The case was struck out on consent on Tuesday by the President of the High Court, Mr Justice Peter Kelly, who was told the necessary legislation had been passed by the Oireachtas.

Afterwards, Mr Costello said he was happy to discontinue the case as its purpose had been achieved with the passage of the Electoral Amendment (Dáil Constituencies) Bill 2017.

“Today is a good day for democracy,” he said. “The speedy passage of the legislation after the High Court intervention demonstrates the effective functioning of our democratic process.”

The priority now was to ensure full implementation of the legislation before the next election, he urged.

In his proceedings initiated last month, Mr Costello had claimed the next Dáil would be unconstitutional unless the new laws were implemented before the next general election is called.

A Labour Party candidate in Dublin Central, where the number of TDs will be increased from three to four as a result of the new legislation, he had claimed the State and the Oireachtas had failed to ensure the number of TDs accords with the requirements of Article 16.2.2 of the Constitution.

Article 16.2.2 provides the total number of members of Dáil Éireann “shall not be fixed at less than one member for each thirty thousand of the population or at more than one member for each twenty thousand of the population”.

The action was initiated amid intense speculation a general election might be called arising from the controversy surrounding former Tánaiste, Frances Fitzgerald, but the prospect of an imminent election was removed following her resignation on November 27th.

The case was later adjourned by agreement after the State confirmed the new legislation was going through the Oireachtas.