Woman wants State to pay costs of election legal action

A woman whose legal challenge prompted the Government to introduce legislation allowing undischarged bankrupts to run for European and Dáil elections has sought to have the State pay her legal costs.

Jillian Godsil – an independent who stood in the European and local elections last May on an anti-debt platform – has asked the Supreme Court to award her the costs of her legal challenge which was withdrawn when the Government changed the law. The three judge Supreme Court said it will give its decision later.

Ms Godsil's home in Wicklow was repossessed last year and she applied to be declared bankrupt last February but found this disbarred her from running in the European elections, although not in the locals. She polled 9,179 first preferences in the Dublin South European constituency and 193 in the Baltinglass local election area.

When the High Court action was withdrawn, Ms Godsil was allowed the administrative outlay costs, including stamp duty on filing documents, for bringing the case but not her legal costs. She appealed that decision to the Supreme Court.

Yesterday, Dr Michael Forde, for Ms Godsil, argued the Government had given no indication it would rush through a change in the law which would allow bankrupts to stand or even that it was considering such a change. That meant she had no choice but to bring the case.

Even if it had gone ahead and she had lost, this was a case taken in the public interest and in a number of such cases, losers were awarded their costs, counsel said.

Robert Barron, for Ireland and the Attorney General, said Ms Godsil "waited until the last minute" to bring her challenge between when she was adjudicated bankrupt in February and the May poll date.

The State had moved expeditiously to change the law and she should not be awarded her costs, he said.