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Du.. Du.. Dubonnet!

Congratulations to Mr. Pearse Doherty.

In 2007 McGarr Solicitors represented Catherine Murphy and Finian McGrath in a High Court challenge (Murphy & Anor -v- Minister For Environment & Ors [2007] IEHC 185) to the failure of the Oireachtas to revise the constituency of Dublin West (among others) due to the increase of population since the previous election. On a revision, based on the latest Census of Population, Dublin West would have had an extra Dail seat.

The Defendants were the Minister for the Environment, Ireland and the Attorney General. Under the Constitution, the “real” culprit was the Oireachtas. The Court said;

“It is important to note, firstly, that the obligation is one on the Oireachtas rather than the Government.”

It is notorious that this view of the Oireachtas is seriously deficient, although Constitutionally correct. The Oireachtas is powerless without the active support of the Government. Failures of the Oireachtas are in fact failures of the Government.

Our plaintiffs, Catherine Murphy and Finian McGrath failed in their challenge to defend democratic principles; Pearse Doherty has not.

Leaving aside issues as to the differences in a failure to move a writ for a bye election and a failure to revise a constituency, were we asking for the wrong “order”?

A sometime television advertisement showed a customer in a crowded pub catching the attention of the barman by asking for a Du.. Du.. Dubonnet, and being heard.

No more pints of Guinness!