High Court adjourns Joe Costello case over TD numbers

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

Mr Costello claims the next Dáil will be unconstitutional unless new laws increasing the number of TDs are implemented before the next general election is called.

His rights as a citizen are being infringed due to failure to enact the necessary laws, he alleges.

A Labour Party candidate in Dublin Central, he claims the State and the Oireachtas have 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”.

Mr Costello claims Dublin Central, following the increase in population evident from the 2016 Census, falls outside the parameters of the ratio of TDs to population specified.

To remedy this "democratic deficit" the Electoral Commission has recommended an additional cohort of population be added to Dublin Central and that it have an extra TD, to again become a four-seat constituency, he says.

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.

When the case was mentioned on Tuesday before the President of the High Court, Mr Justice Peter Kelly, the judge said the "white heat" seemed to have gone out of the application.

There would be no election before Christmas but it was likely one would be called in 2018, although nobody knew exactly when, the judge remarked.

Conor Power SC, with Mark Dunne BL, for Mr Costello, said, while defences have been lodged on behalf of the defendants legislation was expected to go through the Dail this week which would see the changes proposed in the 2017 Commission’s report being implemented.

In the circumstances, the sides had agreed the case should be adjourned for two weeks for mention only, counsel said.