Lawyers for former Labour TD Joe Costello have told the High Court that, if an election is held now, the next Dáil will be improperly constituted and in breach of the Constitution.
Mr Costello wants declarations from the High Court that members of the Oireachtas have failed in their obligation to ensure constituencies are revised to take account of changes in population in the 2016 Census.
The High Court has agreed to hear the matter quickly and it will be back in court tomorrow morning.
Lawyers for Joe Costello told the High Court President that if an election was called now there were significant concerns that the make-up of the next Dáil would be in breach of the Constitution.
"If there was an early election in the morning, there would be a significant breach of the Constitution". | More: https://t.co/zwmnEGxIep pic.twitter.com/IhzZ5lRWi4
— RTÉ News (@rtenews) November 27, 2017
Article 16.2 of the Constitution says there must be one TD for every 30,000 people.
The 2016 Census showed the population had grown by 170,000 people nationwide since the last election.
Senior Counsel Conor Power told the court that the Constituency Boundary Commission set up by the Government had recommended that there should be 160 members of the Dáil to take account of that growth but there are currently only 158 members.
Mr Costello lost his seat in Dublin Central at the last election when it was reduced from a four-seater to a three-seater constituency.
One of the Commission's recommendations was that the constituency should again be increased to four seats.
Mr Power told Mr Justice Peter Kelly that if an election was held before this issue was addressed, then, from the beginning, the next Dáil, would have its constitutionality and authority questioned for being improperly constituted.
He said this should be addressed immediately.
The court heard that legislation had been published in draft form but it had yet to go to Cabinet and be passed by the Dáil.
The court was also told that Mr Costello was not looking for an injunction to prevent the Dáil from being dissolved.
But he was seeking declarations from it that the current ratio of TDs to the population breached constitutional requirements.
He is also seeking declarations that the Oireachtas members failed in their constitutional obligation to ensure constituencies are revised to take into account of population changes in the 2016 Census.
Mr Justice Kelly agreed to hear the matter quickly "in the light of events taking place elsewhere" and the "apprehension" that an election may be called tomorrow.
The case will be back in court at 10.30am tomorrow.
