Fine Gael TD Michael Ring has instituted legal proceedings against the proposed ban on TDs and Senators sitting on local authorities.
Deputy Ring announced this morning that his solicitor had served proceedings on the Attorney General, seeking a declaration that the relevant section of the Local Government Act is contrary to the Constitution.
Michael Ring has made no secret of his opposition to the ending of the dual mandate, which he claims is undemocratic and unconstitutional.
When the legislation passed the Dáil last month, he said he would take a legal challenge if the President did not refer it to the Supreme Court to test its constitutionality.
Deputy Ring appealed for financial support from fellow Oireachtas members unhappy at the ban on serving on local authorities. It is understood that some support was forthcoming, from all sides, even though all the parties are officially committed to ending the dual mandate.
Today, Mr Ring announced that he has begun legal proceedings seeking to have the law declared unconstitutional, and proceedings have been served on the Attorney General.
He said he would be making an application to the High Court to have an early hearing date fixed, because with local elections due in 12 months time, it is important in the interest of democracy that the issue be determined quickly.
Deputy Ring will be represented in court by Senior Counsel Gerard Hogan and barrister Eileen Barrington, and has been advised by his solicitor not to make any further public comment now that legal action has begun.
Fine Gael statement
A Fine Gael spokesman said that Michael Ring was taking his action in a personal capacity.
He added that Fine Gael had taken a party position on the matter, and will be proceeding with election preparations in due course.
It is understood that selection conventions for the local elections are to take place after the summer.
