Donegal bye-election case in High Court
Updated: 13:54, Tuesday, 19 October 2010
The High Court has been told that it would 'poison the well of democracy' if the courts could not deal with issues relating to the Oireachtas.
The High Court has been told that it would 'poison the well of democracy' if the courts could not deal with issues relating to the Oireachtas.
On the second day of a legal bid by Sinn Féin Senator Pearse Doherty to force the calling of the Donegal South West bye-election, his counsel cited a number of cases where the courts had given judgement on Dáil issues in the past.
Richard Humphries SC said this particular case involved an administrative issue and did not interfere with any Constitutional or legislative function of the Dáil, and this 'very clear distinction' meant the separation of powers did not arise.
He added that Government Chief Whip John Curran's assertion that the bye-election could not be held because there was a need to focus on the Budget and the economic crisis was not an effective excuse, especially considering that 12 months ago the Minister for Finance had stated that the worst was over and we had turned a corner.
Counsel for the State Maurice Collins has said the government is answerable to the Dáil, not to the High Court.
He said the bid by Senator Doherty was effectively an attempt to 'substitute' the will of the Dáil for the will of the courts, and this would be a fundamental break in the separation of powers.
He said the Dáil had considered calling the bye-election on three occasions and decided not to.
Asked if he accepted there was an unreasonable delay in calling the bye-election by the President of the High Court, Mr Collins said 'no' and that the proceedings could not be reduced to that simple question
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