The government through a vote in Dáil Éireann decides when by-elections for seats in the lower house are called. Possessing a small majority in the Dáil, the government had delayed in calling this by-election. While there is no specific legal requirement on when to hold a by-election in Ireland, they are generally held within six months of a vacancy occurring.[4] The 17-month gap between the seat becoming vacant and the writ being moved is the longest in the history of the state.[5]
Due to the delay in the Government holding the by-election, a number of attempts to force the by-election were carried out by the Opposition. On 4 May 2010, Sinn Féin attempted to force the holding of the by-election.[7] The next day, the Government narrowly avoided a defeat in the motion calling for the by-election to be held immediately when two of their TDs accidentally voted with the opposition.[8]
On 12 July 2010, the High Court granted leave to Sinn Féin senator Pearse Doherty for a judicial review into why the by-election was not being held.[9] On 2 November 2010, the High Court ruled that there was an unreasonable delay in holding the by-election. In his ruling, High Court President Justice Nicholas Kearns described the delay as unprecedented[10] and that the delay amounted to a breach of Doherty's constitutional rights. He declared that Section 30 (2) of the Electoral Act 1992 should be construed as requiring that a writ for a by-election be moved within a reasonable time of the vacancy arising.[5] He further stated that:
...it is the ongoing failure to move the writ for this by-election since June 2009 which offends the terms and spirit of the Constitution and its framework for democratic representation.[11]
However, Justice Kearns did not order the Government to set a date for the by-election. The Government announced on 4 November 2010 that the by-election would be held on 25 November. They also stated that they would appeal to the Supreme Court.[10]
Campaignedit
The election campaign took place during an unprecedented crisis in state finances:
the Government put the finishing touches to the 2011 budget, expected to impose a set of stringent cuts as part of a four-year plan to reduce the government deficit from 13% of GDP to 3%.[16]
An opinion poll in the week prior to polling gave Pearse Doherty 40% of the first preference vote, with Fianna Fáil's Brian O'Domhnaill with 19%.[17]
On 22 November, Taoiseach Brian Cowen announced his intention to call a general election in early 2011, once the budget had been passed.[18] Candidate Anne Sweeney unofficially withdrew on 23 November and advised voters to boycott the by-election, describing it as "a complete farce" given the likelihood of a proximate general election.[19]
CNN noted that support for the three left-leaning candidates, Pearse Doherty, Thomas Pringle and Frank McBrearty, Jnr, added up to 60% of the poll.[25] Doherty said that vote was a rejection of the interference of the IMF in Irish affairs and said he would be voting against the 2011 Budget on 7 December. After negotiations with left-wing Independent TDs Finian McGrath and Maureen O'Sullivan, a Technical Group was formed in the Dáil to give its members more speaking time.[26][27] The Fianna Fáil vote dropped from 50% at the 2007 general election to 21% at this by-election. The government majority in the Dáil was reduced to two.[28][29]
The by-election served as a preview to the February 2011 general election, which resulted in a meltdown for the Fianna Fáil party. In July 2011 the new Fine Gael–Labour coalition introduced a bill, passed by the Oireachtas as the Electoral (Amendment) Act 2011, among whose provisions was a maximum seat vacancy of six months before a Dáil by-election would be obligatory.[30]
^ ab"Date set for Donegal South West poll". The Irish Times. 4 November 2010. from the original on 6 November 2010. Retrieved 4 November 2010.
^. Donegal Democrat. 12 January 2010. Archived from the original on 24 January 2010. Retrieved 24 January 2010.
^"First Donegal byelection votes cast". The Irish Times. 22 November 2010. from the original on 28 November 2010. Retrieved 22 November 2010.
^Sheahan, Fionnan (10 July 2008). "Speculation begins over who will fill TD position". Irish Independent. from the original on 12 December 2008. Retrieved 15 July 2008.
^ ab"Court declares byelection delay unconstitutional". The Irish Times. 4 November 2010. from the original on 29 November 2010. Retrieved 4 November 2010.
^ ab"Donegal South–West: By-election 2010". ElectionsIreland.org. from the original on 30 November 2010. Retrieved 10 November 2010.
^"SF attempts to force Donegal bye-election". RTÉ News. 4 May 2010. from the original on 7 May 2010. Retrieved 12 July 2010.
^"Immediate Donegal bye-election voted down". RTÉ News. 5 May 2010. from the original on 9 May 2010. Retrieved 12 July 2010.
^"Bye-election judicial review is allowed". RTÉ News. 12 July 2010. from the original on 14 July 2010. Retrieved 12 July 2010.
^ ab"Government to hold bye-election this month". RTÉ News. 3 November 2010. from the original on 4 November 2010. Retrieved 3 November 2010.
^"Doherty -v- Government of Ireland & Anor". www.courts.ie. 3 November 2010. from the original on 14 August 2011. Retrieved 3 November 2010.
^"Bond yields remain stubbornly high". The Irish Times. 8 November 2010. from the original on 11 November 2010. Retrieved 19 November 2010.
^"Pressure intensifies on bond yields as interest rate hits 8.7%". The Irish Times. 11 November 2010. from the original on 22 November 2010. Retrieved 19 November 2010.
^"Lenihan to meet Rehn on detail of four-year budget plan". The Irish Times. 6 November 2010. from the original on 11 November 2010. Retrieved 19 November 2010.
^"IMF says Europe has ability to help Ireland". RTÉ News. 18 November 2010. from the original on 19 November 2010. Retrieved 19 November 2010.
^"Cabinet meets to discuss budget". The Irish Times. 7 November 2010. from the original on 10 November 2010. Retrieved 19 November 2010.
^. Newstalk. 18 November 2010. Archived from the original on 23 November 2010.
^"Cowen wants budget passed before general election". The Irish Times. 23 November 2010. from the original on 26 November 2010. Retrieved 23 November 2010.
^"Donegal's Sweeney withdraws from by-election race". Irish Examiner. 23 November 2010. from the original on 26 November 2010. Retrieved 23 November 2010.
^"Sinn Féin to demand date for by-election". Ocean FM. 11 January 2010. Retrieved 24 January 2010.[permanent dead link]
^"FF selects candidate for Donegal by-election]". RTÉ News. 7 November 2010. from the original on 8 November 2010. Retrieved 8 November 2010.
^"Tánaiste and MEP at odds over Donegal byelection". The Irish Times. 6 November 2010. from the original on 9 November 2010. Retrieved 6 November 2010.
^"McBrearty set to contest by-election". Donegal Democrat. 4 February 2010. Archived from the original on 29 July 2012. Retrieved 8 February 2010.
^"Independent TD emerges as new by-election candidate". BreakingNews.ie. Thomas Crosbie Media. 10 November 2010. from the original on 14 November 2010. Retrieved 10 November 2010.
^John Murray Brown in Dublin, FT. "Irish government concedes loss of Donegal - CNN.com". Edition.cnn.com. Retrieved 26 November 2010.[dead link]
^"SF forms Dáil Technical Group". The Irish Times. 10 December 2010. from the original on 13 March 2011. Retrieved 30 December 2010.
^"Pearse Doherty elected in Donegal South West". RTÉ News. 26 November 2010. from the original on 1 January 2011. Retrieved 26 November 2010.
^"Doherty wins Donegal byelection". The Irish Times. 26 November 2010. from the original on 28 November 2010. Retrieved 26 November 2010.
^"Sinn Féin's Doherty wins by-election, FF third". BreakingNews.ie. 26 November 2010. from the original on 30 November 2010. Retrieved 26 November 2010.
^"Electoral (Amendment) Bill 2011: Second Stage". Dáil Éireann (31st Dáil) debates. Oireachtas. 5 July 2011. from the original on 31 October 2019. Retrieved 2 April 2020.; "Electoral (Amendment) Act 2011 s.2". electronic Irish Statute Book (eISB). from the original on 15 November 2020. Retrieved 2 April 2020.
External linksedit
Electoral Act 1992
December 14, 2023
2010, donegal, south, west, election, election, held, dáil, Éireann, donegal, south, west, constituency, ireland, thursday, november, 2010, following, election, fianna, fáil, cope, gallagher, european, parliament, june, 2009, election, most, voters, cast, thei. A by election was held in the Dail Eireann Donegal South West constituency in Ireland on Thursday 25 November 2010 following the election of Fianna Fail TD Pat the Cope Gallagher to the European Parliament at the June 2009 election Most voters cast their ballots on 25 November 2010 1 2 754 voters on offshore islands Arranmore Tory Inishbofin Gola and Inishfree were entitled to cast their ballots on 22 November 3 2010 Donegal South West by election 2007 general election 25 November 2010 2011 general election Turnout34 424 57 4 Nominee Pearse Doherty Barry O Neill Brian o DomhnaillParty Sinn Fein Fine Gael Fianna FailFirst preferences 13 719 6 424 7 344Percentage 39 85 18 66 21 33Final count 16 897 8 182 8 069 Nominee Thomas Pringle Frank McBrearty Jnr Anne SweeneyParty Independent Labour IndependentFirst preferences 3 438 3 366 133Percentage 9 99 9 78 0 39Final count Donegal South West shown within IrelandTD before electionPat the Cope GallagherFianna Fail Elected TD Pearse DohertySinn FeinThe government through a vote in Dail Eireann decides when by elections for seats in the lower house are called Possessing a small majority in the Dail the government had delayed in calling this by election While there is no specific legal requirement on when to hold a by election in Ireland they are generally held within six months of a vacancy occurring 4 The 17 month gap between the seat becoming vacant and the writ being moved is the longest in the history of the state 5 Sinn Fein senator Pearse Doherty was elected on the fourth count 6 Contents 1 Legal challenge 2 Campaign 3 Result 4 Aftermath 5 See also 6 References 7 External linksLegal challenge editDue to the delay in the Government holding the by election a number of attempts to force the by election were carried out by the Opposition On 4 May 2010 Sinn Fein attempted to force the holding of the by election 7 The next day the Government narrowly avoided a defeat in the motion calling for the by election to be held immediately when two of their TDs accidentally voted with the opposition 8 On 12 July 2010 the High Court granted leave to Sinn Fein senator Pearse Doherty for a judicial review into why the by election was not being held 9 On 2 November 2010 the High Court ruled that there was an unreasonable delay in holding the by election In his ruling High Court President Justice Nicholas Kearns described the delay as unprecedented 10 and that the delay amounted to a breach of Doherty s constitutional rights He declared that Section 30 2 of the Electoral Act 1992 should be construed as requiring that a writ for a by election be moved within a reasonable time of the vacancy arising 5 He further stated that it is the ongoing failure to move the writ for this by election since June 2009 which offends the terms and spirit of the Constitution and its framework for democratic representation 11 However Justice Kearns did not order the Government to set a date for the by election The Government announced on 4 November 2010 that the by election would be held on 25 November They also stated that they would appeal to the Supreme Court 10 Campaign editThe election campaign took place during an unprecedented crisis in state finances record falls in bond market rates for Irish government debt 12 13 a fact finding visit by European Commissioner for Economic and Financial Affairs Olli Rehn to review the government budgetary plans 14 a joint team from the International Monetary Fund IMF the European Commission and the European Central Bank arrived to begin discussions about international loan assistance for the state and the banks 15 the Government put the finishing touches to the 2011 budget expected to impose a set of stringent cuts as part of a four year plan to reduce the government deficit from 13 of GDP to 3 16 An opinion poll in the week prior to polling gave Pearse Doherty 40 of the first preference vote with Fianna Fail s Brian O Domhnaill with 19 17 On 22 November Taoiseach Brian Cowen announced his intention to call a general election in early 2011 once the budget had been passed 18 Candidate Anne Sweeney unofficially withdrew on 23 November and advised voters to boycott the by election describing it as a complete farce given the likelihood of a proximate general election 19 Result edit2010 Donegal South West by election 6 Party Candidate FPv Count1 2 3 4Sinn Fein Pearse Doherty 20 39 85 13 719 13 736 15 188 16 897Fianna Fail Brian o Domhnaill 21 21 33 7 344 7 358 7 636 8 069Fine Gael Barry O Neill 1 18 66 6 424 6 442 7 313 8 182Independent Thomas Pringle 22 9 99 3 438 3 491 3 763 Labour Frank McBrearty Jnr 23 9 78 3 366 3 375 Independent Anne Sweeney 24 0 39 133 Electorate 62 299 Valid 34 424 Spoilt 484 Quota 17 213 Turnout 57 39 Aftermath editCNN noted that support for the three left leaning candidates Pearse Doherty Thomas Pringle and Frank McBrearty Jnr added up to 60 of the poll 25 Doherty said that vote was a rejection of the interference of the IMF in Irish affairs and said he would be voting against the 2011 Budget on 7 December After negotiations with left wing Independent TDs Finian McGrath and Maureen O Sullivan a Technical Group was formed in the Dail to give its members more speaking time 26 27 The Fianna Fail vote dropped from 50 at the 2007 general election to 21 at this by election The government majority in the Dail was reduced to two 28 29 The by election served as a preview to the February 2011 general election which resulted in a meltdown for the Fianna Fail party In July 2011 the new Fine Gael Labour coalition introduced a bill passed by the Oireachtas as the Electoral Amendment Act 2011 among whose provisions was a maximum seat vacancy of six months before a Dail by election would be obligatory 30 See also editList of Dail by elections Dail constituenciesReferences edit a b Date set for Donegal South West poll The Irish Times 4 November 2010 Archived from the original on 6 November 2010 Retrieved 4 November 2010 Chief whip says no ulterior motive for by election delay Donegal Democrat 12 January 2010 Archived from the original on 24 January 2010 Retrieved 24 January 2010 First Donegal byelection votes cast The Irish Times 22 November 2010 Archived from the original on 28 November 2010 Retrieved 22 November 2010 Sheahan Fionnan 10 July 2008 Speculation begins over who will fill TD position Irish Independent Archived from the original on 12 December 2008 Retrieved 15 July 2008 a b Court declares byelection delay unconstitutional The Irish Times 4 November 2010 Archived from the original on 29 November 2010 Retrieved 4 November 2010 a b Donegal South West By election 2010 ElectionsIreland org Archived from the original on 30 November 2010 Retrieved 10 November 2010 SF attempts to force Donegal bye election RTE News 4 May 2010 Archived from the original on 7 May 2010 Retrieved 12 July 2010 Immediate Donegal bye election voted down RTE News 5 May 2010 Archived from the original on 9 May 2010 Retrieved 12 July 2010 Bye election judicial review is allowed RTE News 12 July 2010 Archived from the original on 14 July 2010 Retrieved 12 July 2010 a b Government to hold bye election this month RTE News 3 November 2010 Archived from the original on 4 November 2010 Retrieved 3 November 2010 Doherty v Government of Ireland amp Anor www courts ie 3 November 2010 Archived from the original on 14 August 2011 Retrieved 3 November 2010 Bond yields remain stubbornly high The Irish Times 8 November 2010 Archived from the original on 11 November 2010 Retrieved 19 November 2010 Pressure intensifies on bond yields as interest rate hits 8 7 The Irish Times 11 November 2010 Archived from the original on 22 November 2010 Retrieved 19 November 2010 Lenihan to meet Rehn on detail of four year budget plan The Irish Times 6 November 2010 Archived from the original on 11 November 2010 Retrieved 19 November 2010 IMF says Europe has ability to help Ireland RTE News 18 November 2010 Archived from the original on 19 November 2010 Retrieved 19 November 2010 Cabinet meets to discuss budget The Irish Times 7 November 2010 Archived from the original on 10 November 2010 Retrieved 19 November 2010 Poll says SF to win Donegal SW by election Newstalk 18 November 2010 Archived from the original on 23 November 2010 Cowen wants budget passed before general election The Irish Times 23 November 2010 Archived from the original on 26 November 2010 Retrieved 23 November 2010 Donegal s Sweeney withdraws from by election race Irish Examiner 23 November 2010 Archived from the original on 26 November 2010 Retrieved 23 November 2010 Sinn Fein to demand date for by election Ocean FM 11 January 2010 Retrieved 24 January 2010 permanent dead link FF selects candidate for Donegal by election RTE News 7 November 2010 Archived from the original on 8 November 2010 Retrieved 8 November 2010 Tanaiste and MEP at odds over Donegal byelection The Irish Times 6 November 2010 Archived from the original on 9 November 2010 Retrieved 6 November 2010 McBrearty set to contest by election Donegal Democrat 4 February 2010 Archived from the original on 29 July 2012 Retrieved 8 February 2010 Independent TD emerges as new by election candidate BreakingNews ie Thomas Crosbie Media 10 November 2010 Archived from the original on 14 November 2010 Retrieved 10 November 2010 John Murray Brown in Dublin FT Irish government concedes loss of Donegal CNN com Edition cnn com Retrieved 26 November 2010 dead link SF forms Dail Technical Group The Irish Times 10 December 2010 Archived from the original on 13 March 2011 Retrieved 30 December 2010 Pearse Doherty elected in Donegal South West RTE News 26 November 2010 Archived from the original on 1 January 2011 Retrieved 26 November 2010 Doherty wins Donegal byelection The Irish Times 26 November 2010 Archived from the original on 28 November 2010 Retrieved 26 November 2010 Sinn Fein s Doherty wins by election FF third BreakingNews ie 26 November 2010 Archived from the original on 30 November 2010 Retrieved 26 November 2010 Electoral Amendment Bill 2011 Second Stage Dail Eireann 31st Dail debates Oireachtas 5 July 2011 Archived from the original on 31 October 2019 Retrieved 2 April 2020 Electoral Amendment Act 2011 s 2 electronic Irish Statute Book eISB Archived from the original on 15 November 2020 Retrieved 2 April 2020 External links editElectoral Act 1992 Retrieved from https en wikipedia org w index php title 2010 Donegal South West by election amp oldid 1183273823, wikipedia, wiki, book, books, library,
