Courts / Tipperary / Report

Action ends as Minister signs special order for Tipp ballot

Date
2020-02-06

Stage
Hearing Or Decision

Primary locality
Tipperary

Summary

A High Court action brought by independent Tipperary candidates Mattie McGrath and Joe Hannigan has been withdrawn following the Minister for Housing, Eoghan Murphy, signing a special order to allow the constituency's general election ballot to proceed on Saturday. The proceedings, which challenged the returning officer's decision to postpone the election under Section 62 of the 1992 Electoral Act, became moot after the Minister's intervention. The candidates had alleged that the postponement was unlawful and unconstitutional, arguing that a new poll could not occur within the constitutional 30-day limit expiring on February 13. The action was initiated after the death of candidate Marese Skehan prompted the returning officer to issue a countermand. During the hearing, counsel for the applicants sought legal costs, citing a lack of official confirmation regarding the election date prior to the proceedings. The State opposed this application, asserting the Minister's decision was independent of the court action. Justice Charles Meenan made no order as to costs, directing both sides to pay their own. The judge noted the Attorney General acted with expedition in reviewing the matter following the tragic death of Ms. Skehan. The case concluded with the withdrawal of the action, leaving the election to proceed as originally scheduled.