THE DONEGAL South West byelection is to take place on Thursday, November 25th, but the Government faces legal action from Fine Gael over the continuing delay in holding byelections in Dublin and Waterford.

Tánaiste Mary Coughlan announced the date for the Donegal South West poll in the Dáil yesterday, a day after the High Court declared the 16-month delay in holding it to be unconstitutional.

Upholding an application from Sinn Féin Senator Pearse Doherty for the holding of the byelection, Mr Justice Nicholas Kearns had said the “inordinate” delay was contrary to “the terms and spirit of the Constitution”.

The Government is appealing the ruling to the Supreme Court.

Fine Gael said yesterday it was taking court proceedings against the Government over the delay in holding the Waterford and Dublin South byelections.

It said it was doing so now that the High Court had ruled that the writ for a byelection must be moved within a reasonable time of the vacancy arising.

There has been a vacancy in the Dublin South constituency for nine months, since the resignation of broadcaster George Lee as a Fine Gael deputy on February 8th, while the Waterford seat has been vacant since former Fianna Fáil minister Martin Cullen stepped down for health reasons in March.

Fine Gael’s chairman in Dublin South, Michael Van Turnhout, gave formal notice of his intention to bring proceedings, following the Government’s majority vote in the Dáil yesterday against moving the writ for the constituency.

Senator Paudie Coffey, who has been chosen as Fine Gael’s byelection candidate in Waterford, also gave notice of his intention to bring proceedings over the Government’s failure to support the moving of the writ for his constituency.

He accused the Government of frustrating the democratic process. “They are motivated only by their determination to evade the electorate and their actions have forced me to bring these proceedings,” he said.

Preparations were yesterday under way for the Donegal South West byelection, in which Senator Doherty is the Sinn Féin candidate. Fine Gael is running Cllr Barry O’Neill and the Labour candidate is Cllr Frank McBrearty jnr. Independent Thomas Pringle, formerly of Sinn Féin, will also contest the seat.

Fianna Fáil announced that it would choose its candidate at a convention in the Highlands Hotel in Glenties at 6pm on Sunday.

Letters have been sent to more than 100 cumainn (branches) of the party in the constituency and nominations close tomorrow.

Pat “The Cope” Gallagher MEP told The Irish Times this week he would not be a candidate. His election to the European Parliament in June 2009 created the current vacancy. The former minister of state also played down the possibility that his wife, Ann Gillespie, would run instead. However, Mr Gallagher would neither confirm nor deny that he intended running for the Dáil in the next general election.

The most likely choice as Fianna Fáil candidate is thought to be Senator Brian Ó Dómhnaill from Gortahork, who was nominated to Seanad Éireann by then-taoiseach Bertie Ahern after the 2007 general election.

Others whose names are being linked to the nomination include Cllr David Alcorn from the Glenties electoral area, who is close to Mr Gallagher, and Cllr Brendan Byrne. Retired soccer star Packie Bonner has also been mentioned as an outside possibility.

Explaining at a stormy sitting of the Dáil yesterday why the Government was lodging an appeal with the Supreme Court, the Tánaiste said it was because of “the constitutional issues raised and the implications of the judgment for the holding of future byelections”.

Ms Coughlan added: “Those issues include the separation of powers and the boundaries of the courts’ role in the very important matter of elections. The case has raised the question of whether the Oireachtas is permitted to provide in legislation that Dáil Éireann should be free to decide when to hold byelections, without imposing any time limit on the House.”