2010 Donegal South-West by-election

Legal challenge

Due to the delay in the Government holding the by-election, a number of attempts to force the by-election were carried out by the Opposition. On 4 May 2010, Sinn Féin attempted to force the holding of the by-election. The next day, the Government narrowly avoided a defeat in the motion calling for the by-election to be held immediately when two of their TDs accidentally voted with the opposition.

On 12 July 2010, the High Court granted leave to Sinn Féin senator Pearse Doherty for a judicial review into why the by-election was not being held. On 2 November 2010, the High Court ruled that there was an unreasonable delay in holding the by-election. In his ruling, High Court President Justice Nicholas Kearns described the delay as unprecedented and that the delay amounted to a breach of Doherty's constitutional rights. He declared that Section 30 (2) of the Electoral Act 1992 should be construed as requiring that a writ for a by-election be moved within a reasonable time of the vacancy arising.}}

However, Justice Kearns did not order the government to set a date for the by-election. The government announced on 4 November 2010 that the by-election would be held on 25 November. They also stated that they would appeal to the Supreme Court.

Campaign

The election campaign took place during an unprecedented crisis in state finances:

• record falls in bond market rates for Irish government debt.
• a fact-finding visit by European Commissioner for Economic and Financial Affairs, Olli Rehn to review the government budgetary plans.
• a joint team from the International Monetary Fund (IMF), the European Commission and the European Central Bank arrived to begin discussions about international loan assistance for the state and the banks.
• the Government put the finishing touches to the 2011 budget, expected to impose a set of stringent cuts as part of a four-year plan to reduce the government deficit from 13% of GDP to 3%.

An opinion poll in the week prior to polling gave Pearse Doherty 40% of the first preference vote, with Fianna Fáil's Brian O'Domhnaill with 19%.

On 22 November, Taoiseach Brian Cowen announced his intention to call a general election in early 2011, once the budget had been passed. Candidate Anne Sweeney unofficially withdrew on 23 November and advised voters to boycott the by-election, describing it as "a complete farce" given the likelihood of a proximate general election.

Result

Aftermath

CNN noted that support for the three left-leaning candidates, Pearse Doherty, Thomas Pringle and Frank McBrearty, Jnr, added up to 60% of the poll. Doherty said that the vote was a rejection of the interference of the IMF in Irish affairs and said he would be voting against the 2011 Budget on 7 December. After negotiations with left-wing Independent TDs Finian McGrath and Maureen O'Sullivan, a Technical Group was formed in the Dáil to give its members more speaking time. The Fianna Fáil vote dropped from 50% at the 2007 general election to 21% at this by-election. The government majority in the Dáil was reduced to two.

The by-election served as a preview to the February 2011 general election, which resulted in a meltdown for the Fianna Fáil party. In July 2011 the new Fine Gael–Labour coalition introduced a bill, passed by the Oireachtas as the Electoral (Amendment) Act 2011, among whose provisions was a maximum seat vacancy of six months before a Dáil by-election would be obligatory.

References

References

1. (4 November 2010). "Date set for Donegal South West poll". [[The Irish Times]].
2. (12 January 2010). "Chief whip says no ulterior motive for by-election delay". [[Donegal Democrat]].
3. (22 November 2010). "First Donegal byelection votes cast". The Irish Times.
4. Sheahan, Fionnan. (10 July 2008). "Speculation begins over who will fill TD position". [[Irish Independent]].
5. (4 November 2010). "Court declares byelection delay unconstitutional". The Irish Times.
6. (4 May 2010). "SF attempts to force Donegal bye-election". [[RTÉ News]].
7. (5 May 2010). "Immediate Donegal bye-election voted down". RTÉ News.
8. (12 July 2010). "Bye-election judicial review is allowed". RTÉ News.
9. (3 November 2010). "Government to hold bye-election this month". RTÉ News.
10. (3 November 2010). "Doherty -v- Government of Ireland & Anor". www.courts.ie.
11. (8 November 2010). "Bond yields remain stubbornly high". The Irish Times.
12. (11 November 2010). "Pressure intensifies on bond yields as interest rate hits 8.7%". The Irish Times.
13. (6 November 2010). "Lenihan to meet Rehn on detail of four-year budget plan". The Irish Times.
14. (18 November 2010). "IMF says Europe has ability to help Ireland". RTÉ News.
15. (7 November 2010). "Cabinet meets to discuss budget". The Irish Times.
16. (18 November 2010). "Poll says SF to win Donegal SW by-election". Newstalk.
17. (23 November 2010). "Cowen wants budget passed before general election". The Irish Times.
18. (23 November 2010). "Donegal's Sweeney withdraws from by-election race". [[Irish Examiner]].
19. "Donegal South–West: By-election 2010". ElectionsIreland.org.
20. (11 January 2010). "Sinn Féin to demand date for by-election". Ocean FM.
21. (7 November 2010). ["FF selects candidate for Donegal by-election]"](http://www.rte.ie/news/2010/1107/lenihanc.html). RTÉ News.
22. (6 November 2010). "Tánaiste and MEP at odds over Donegal byelection". The Irish Times.
23. (4 February 2010). "McBrearty set to contest by-election". [[Donegal Democrat]].
24. (10 November 2010). "Independent TD emerges as new by-election candidate". Thomas Crosbie Media.
25. John Murray Brown in Dublin, FT. (May 2025). "Irish government concedes loss of Donegal - CNN.com". CNN.
26. (10 December 2010). "SF forms Dáil Technical Group". The Irish Times.
27. (26 November 2010). "Pearse Doherty elected in Donegal South West". RTÉ News.
28. (26 November 2010). "Doherty wins Donegal byelection". The Irish Times.
29. (26 November 2010). "Sinn Féin's Doherty wins by-election, FF third". BreakingNews.ie.
30. (5 July 2011). "Electoral (Amendment) Bill 2011: Second Stage". Oireachtas.