FG Waterford by election candidate Paudie Coffey will be taking legal action over the failure to hold the Waterford by election it's just been announced.
[ame="http://www.scribd.com/doc/41006495/FG-Waterford-By-Election-candidate-to-bring-court-proceedings-against-Government"]FG Waterford By-Election candidate to bring court proceedings against Government@@AMEPARAM@@document_id=41006495&access_key=key-137gc5hz3f3n56xizdu5&@@AMEPARAM@@41006495@@AMEPARAM@@key-137gc5hz3f3n56xizdu5[/ame]FG Waterford By-Election candidate to bring court proceedings against Government
Fine Gael Waterford Senator and By-election candidate, Paudie Coffey, has given formal notice to the Government of his intention to bring proceedings against the Government for failing to support the moving of the writ for the Waterford Constituency following the Government voting down this writ in the Dáil today (Thursday).
Senator Coffey will ask the Court to treat this action as a refusal to remedy the continuing constitutional wrong arising out of the failure to hold the Waterford by-election.
“There has been a vacancy in Waterford for eight months since the resignation of Martin Cullen on March 8th 2010. Now that the High Court has ruled that the writ for a by-election must be moved with a reasonable time of the vacancy arising, which has not been done in Waterford, the Government is perpetrating a continuing constitutional wrong in its failure to move the writ.
“Today, the Government voted against the writ in the wake of the Doherty Judgement which trenchantly criticised the Government for dishonouring the spirit of the Constitution by their continued frustration of the democratic process. They are motivated only by their determination to evade the electorate and their actions have forced me to bring these proceedings.”
Senator Coffey called on the Government to look for an expedited Supreme Court hearing to allow the High Court to consider the delay in the remaining vacancies without further delay.
“The Government is trying to misuse the courts at taxpayers’ expense and make what can only be described as a frivolous, vexatious and unnecessary application to the Supreme Court. The issue in dispute in these proceedings was whether there should or should not be a by-election in Donegal South West. The High Court ruled that there should. The Government has acceded to that and the by-election is now taking place. There is no legal issue now in dispute between the Government of Ireland and the plaintiff in these proceedings. There is no justifiable, credible basis for an appeal to the Supreme Court. To travel that route is to waste taxpayers’ money out of pure political cowardice.”