Voters may challenge empty seats Fianna Fail won't allow to be filled.

Biggins · 24-06-2010 1:27pm #1

In the theme of never ending disguising actions or in-actions by Fianna Fail and the Greens, constituents in three countries are reminded that they have the very legal power in their hands to force their rights to gain their democracy election issues and get their own state representation.

Voters may mount a legal challenge against the Government over its refusal to fill Dail seats lying empty for as long as a year, it has been predicted.

Labour leader Eamon Gilmore said the High Court has previously allowed for a case to be taken when constituencies are left under-represented.
Taoiseach Brian Cowen has repeatedly dismissed calls for by-elections in Dublin South, Donegal South West and Waterford that could loosen his grip on power.

The Government blocked the latest attempt by the Labour party today to 'move the writ' for a by-election in the Dublin South constituency.
The seat has been left empty since former Fine Gael TD George Lee stood down in February.
Donegal South West has been under-represented since last June, when Fianna Fail's Pat 'the Cope' Gallagher was elected MEP, and Waterford is without one TD since the resignation of former Fianna Fail minister Martin Cullen in March.
Mr Gilmore said the legal and constitutional rights of the people in all three constituencies cannot be ignored indefinitely.
"If the Government persists in refusing to hold the by-elections, other remedies may have to be considered," he said.
The Labour leader said a Dublin South Central voter was granted time in the High Court in 1994 for a case over the Government's failure to stage a by-election.

While the case never went to full hearing, because a by-election was held in the meantime, Mr Gilmore said unhappy constituents could resort to the same measure again.

http://uk.news.yahoo.com/21/20100624/tuk-voters-may-challenge-empty-seats-e1cd776.html

PomBear · 24-06-2010 1:38pm

Cowen knows the government is on his last legs nd will prolong this for as long as possible, it's a pathetic and anti democratic but what do we expect from FF?

Liam Byrne · 24-06-2010 1:59pm

Interesting that it's on a UK news site.

Any Irish news sites (e.g. RTE ?

) running this story ?

Biggins · 24-06-2010 2:08pm

Liam Byrne wrote: »

Interesting that it's on a UK news site.

Any Irish news sites (e.g. RTE ? ) running this story ?

Not come across it yet.
Give it time, someone will pick up the Press Association story.

Gilmore and co should find a fellow constituent (or Labour/FG supporter living for example) in the counties effected, to stand up and apply for the court action that is needed.

I'm amazed they haven't bothered to do this already.
If it was my constituency/country, I'd willingly stand up and take the court action needed.

pitkan · 24-06-2010 3:13pm

Liam Byrne wrote: »

Interesting that it's on a UK news site.

Any Irish news sites (e.g. RTE ? ) running this story ?

RTE are Government funded and so....well you finish the sentence.

Lu Tze · 24-06-2010 3:19pm

I think tradition sets out that it is the party that holds the seat that is now vacant, can call when the by-election is held.

Hence you can only pin 2 of these to FF, look to Enda for the other, he has the power to call that one.

Mal-Adjusted · 24-06-2010 3:29pm

i'm surprised this hasn't been on primetime or the news or anything...oh, wait...i'm not. :mad:

Overheal · 24-06-2010 3:30pm

Does Cowen want to be remembered as a Dictator or something? Let Democracy do what it does.

RATM · 24-06-2010 3:44pm

I heard of this possibility from a legal friend last week- the government is currently breaking the constitution of this state by refusing to hold them- the constitution states there must be one TD for every 30,000 heads and that is not currently the case in these 3 constituencies.

As it would be a constitutional case any applicant can apply for free legal aid or they can choose to represent themselves. The only thing they need prove is that the case is in the public interest for it to proceed and it won't cost a penny, only their time.

We need three heros in Ireland right now- one each from Dublin South, Donegal SW and Waterford. You know what you can do to help get this incompetent government out of power, now go and do it!

Biggins · 24-06-2010 4:34pm

RATM wrote: »

I heard of this possibility from a legal friend last week- the government is currently breaking the constitution of this state by refusing to hold them- the constitution states there must be one TD for every 30,000 heads and that is not currently the case in these 3 constituencies.

As it would be a constitutional case any applicant can apply for free legal aid or they can choose to represent themselves. The only thing they need prove is that the case is in the public interest for it to proceed and it won't cost a penny, only their time.

We need three heros in Ireland right now- one each from Dublin South, Donegal SW and Waterford. You know what you can do to help get this incompetent government out of power, now go and do it!

... And they HAVE to be from those areas for sure?

If not - dear Mr Gilmore, please let me know and we will jointly take the government to court as single individuals of the state!

I'm willing to do it!

Coillte_Bhoy · 24-06-2010 4:48pm

pitkan wrote: »

RTE are Government funded and so....well you finish the sentence.

Oh ffs :rolleyes:

RATM · 24-06-2010 5:06pm

Biggins wrote: »

... And they HAVE to be from those areas for sure?

If not - dear Mr Gilmore, please let me know and we will jointly take the government to court as single individuals of the state!

I'm willing to do it!

AFAIK you wouldn't have to be from the constituency as you could argue that such an issue is in the wider public interest of representation of citizens. However it probably would help to be from the constituency as that way you'd be arguing that your constitutional rights have been infringed because you yourself are under-represented.

There is two problems with such a scheme-firstly you might find that such a challenge is delayed by forces working in the background political circles. Secondly Supreme Court judges are political appointees and after 13 years of FF power you can rest assured that a majority are FF thinking in their ways. Its not explicit but their beliefs are tested by their peers long before they ever make the jump to the bench. It could easily be decided that such a case is not in the public interest and therefore the claimant might be liable for costs up to that point- the constitution is purposely ambigious and is very much open to interpation of the Supreme Court judges of the day.

Still though even if such a challenge failed it would bring about accusations of political interference with the judicary- this would be no bad thing as it would show the govt. to be even more corrupt and desperate to hang on to power. It is little nails that will close the coffin of this government and such a case could well prove to be one of them. And whoever the three people are, they'll go down in Irish history as having played a role in helping bring down the most unpopular government since the foundation of the state. If I was in any of those 3 constituences Id be lining up a challenge to this myself, however as Im not I have every confidence that someone will.

The_Minister · 24-06-2010 9:52pm

The Supreme Court will do it's best to not violate the separation of powers - they will only force the governments hand when they have no option.

Voters may challenge empty seats Fianna Fail won't allow to be filled.

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