THE PRESIDENT of the High Court will deliver judgment next month on the challenge by Sinn Féin Senator Pearse Doherty to the Government’s 16-month delay in moving the writ for the Donegal South West byelection.
Mr Doherty is seeking a court declaration there has been inordinate delay. His two-day case concluded yesterday and Mr Justice Nicholas Kearns reserved judgment to November 5th.
The Government and the Attorney General argued Mr Doherty’s claims of delay and breaches of various provisions of the Constitution were misconceived. In closing submissions for the State, Maurice Collins SC argued that if the court granted the declaration sought, this would amount to “a violent infringement of the principles of the separation of powers”.
Mr Doherty claimed the three-seat constituency had been left without one of its TDs following the election of Pat “the Cope” Gallagher to the European parliament in June last year. He argued the delay in holding the by election is the longest in the history of the State and breaches the Constitutional affirmation of a “democratic state” based on there being no less than one TD for every 30,000 members of population.
Mr Doherty said motions to have the writ moved were resisted by the Government and, as things stand, there was “no realistic prospect” the Government would cease resisting such motions.
Richard Humphreys SC, with Dr Michael Forde SC, for Mr Doherty, said the people of Donegal South West had been under-represented.
Mr Collins, for the State, said the Constitution does not impose any timeframe within which vacancies must be filled.