Uproar in Dáil over Donegal poll

Sinn Fein Dail leader Caoimhghin O Caolain: criticised cost of Supreme Court appeal

MARIE O'HALLORAN and MICHAEL O'REGAN

The Dáil was suspended twice today amid chaotic scenes in a row over the Government's intention to appeal yesterday's High Court ruling on the Donegal South West byelection to the Supreme Court.

The president of the High Court, Mr Justice Nicholas Kearns, criticised the Government for the delay in filling the vacancy which arose in the summer of 2009 when Pat ‘The Cope’ Gallagher was elected to Europe.

Taoiseach Brian Cowen said the Government had decided to appeal the decision, on the advice of the Attorney General, because the judgments had given rise to important constitutional issues.

The importance of the appeal was underlined by the fact that the judgment was the first time the courts had interpreted the Constitution to give rise to an obligation of that nature.

Fine Gael leader Enda Kenny criticised the cost to the taxpayer of the Supreme Court appeal and insisted that there should be no appeal unless the legal advice of the Attorney General was “crystal clear” that the Government would win the appeal.

Labour leader Eamon Gilmore accused the Government of using the Supreme Court appeal to prevent other legal challenges on the three other Dáil vacancies in Dublin South, Waterford and Donegal North East, the latter following the resignation earlier this week of Fianna Fail TD Dr Jim McDaid.

Sinn Féin Dáil leader Caoimghín Ó Caolaín also called for clarification and criticised the cost of the Supreme Court appeal.

Ms Coughlan said the Government was appealing against the decision because the judgment had raised constitutional issues concerning the separation of powers between the judiciary and Oireachtas