FG Waterford by election candidate to take legal action

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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.

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.”
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sport02

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Surely he can not proceed, until the case is heard by the supreme court.
 

Sean-Bhean bhoct

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Jumping on bandwagons much?

I think SF have called this particular victory.

Is this the guy who complained to Primetime over his not being named as a candidate in Waterford and asked for a seperate programme to be dedicated to him as recompense?!
 

Asparagus

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Jesus he'd wanna watch that potty mouth of his.
 

Holy Cow

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thats what I understood too, that no other cases can be heard while the SC appeal stands.. which could be ages.
Not if he petitions the SC for an urgent hearing due to it being a constitutional crisis?
 

Simon.D

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Jumping on bandwagons much?

I think SF have called this particular victory.
There'll be no victory until we tear this government from office... If Paudie wants to get a bit of the Glory he has my full blessing and quite probably my vote....
 

sic transit

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The Supreme Court has been known to find time quickly if needed and the submission is more to do with the question of separation of powers and whether the High Court can actually find as it did. In the case of DSW I think they'll find the High Court that way as the judgement from what I understand was in the context of "the spirit of the constitution" . It may not necessarily do so in the case of the other three, especially the McDaid vacancy.
 

sport02

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Anybody have an info, of how long a case can take, if the goverment takes one to the supreme court?
 

Sean-Bhean bhoct

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There'll be no victory until we tear this government from office... If Paudie wants to get a bit of the Glory he has my full blessing and quite probably my vote....
So you'll beat the government with one hand claiming them to be un-democratic, and then you'll use your scewed notion of democracy to validate your own beliefs of 'tearing them from office'? I despair.

While agreeing with the High Court decision yesterday in deeming 16months a breach of ones constitutional rights to representation, I take issue with parish-pump politicians using 'democracy' and the constitution to raise their profiles as a de facto canvass. This is all the more pertinent when said politician is unlikely of winning the seat.

A bit hypocritical, no?
 

corelli

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Not if he petitions the SC for an urgent hearing due to it being a constitutional crisis?
Well, there might be an issue with the SC hearing the action as the case is now "moot", in that the writ has been moved and there is no case to appeal. FG might have been quite smart here in that if the SC refuse to hear it, which they well might, then this will be heard by the High Court very quickly. Interesting times.
 

Tig

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Would you prefer a more original method in forcing the byelection....?

What does it matter?
Not necessarily more original, just more timely. This looks like jumping on a bandwagon from my perspective.
 
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EvotingMachine0197

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No necessarily more original, just more timely. This looks like jumping on a bandwagon from my perspective.
I have no issue with jumping on the band-wagon.

If someone has a good idea, by all means replicate it, and even improve on it.

Political evolution.
 

Rocky

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Well done to Paudie. To put it simply he had no choice once the government opposed the writ for Waterford again today and it is the obvious and inevitable reaction of that decision. Good luck to him on it. The delay isn't as long as DSW but 8 months I think it is, is still far too long.
 

Aprilfly

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The Supreme Court has been known to find time quickly if needed and the submission is more to do with the question of separation of powers and whether the High Court can actually find as it did. In the case of DSW I think they'll find the High Court that way as the judgement from what I understand was in the context of "the spirit of the constitution" . It may not necessarily do so in the case of the other three, especially the McDaid vacancy.
Some weeks ago, the SC sat on a Saturday morning in the matter of a lay litigant. Didn't they also sit recently on the matter of the Moriarty tribunal/McDowell issue....or has that yet to be heard?
 

LDF

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This is the right decision from FG. This morning the government effectively ignored the spirit of the HC judgement by blocking the 2 remaining, longer standing by-elections.

I'm sure Alex White won't be too far behind with a similar move on the Dublin South by-election.
 


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