2010 Donegal South-West by-election

{{short description|By-election to the 30th Dáil}}

{{Use dmy dates|date=December 2021}}

{{Use Hiberno-English|date=December 2021}}

{{Infobox election

| election_name = 2010 Donegal South-West by-election

| country = Ireland

| type = presidential

| ongoing = no

| previous_year = 2007 general election

| election_date = 25 November 2010

| next_year = 2011 general election

| turnout = 34,424 (57.4%)

| 1blank = {{nowrap|First preferences}}

| 2blank = Percentage

| 3blank = Final count

| image1 = 120x120px

| colour1 =

| nominee1 = {{nowrap|Pearse Doherty}}

| leader1 =

| party1 = Sinn Féin

| 1data1 = 13,719

| 2data1 = 39.85%

| 3data1 = 16,897

| image2 =

| colour2 =

| nominee2 = {{nowrap|Barry O'Neill}}

| party2 = Fine Gael

| 1data2 = 6,424

| 2data2 = 18.66%

| 3data2 = 8,182

|image3 = 120x120px

|nominee3 = {{nowrap|Brian Ó Domhnaill}}

|party3 = Fianna Fáil

|1data3 = 7,344

|2data3 = 21.33%

|3data3 = 8,069

|image4 = 120x120px

|nominee4 = Thomas Pringle

|party4 = Independent politician

|1data4 = 3,438

|2data4 = 9.99%

|3data4 = –

|image5 =

|nominee5 = {{nowrap|Frank McBrearty Jnr}}

|party5 = Labour Party (Ireland)

|1data5 = 3,366

|2data5 = 9.78%

|3data5 = –

|image6 =

|nominee6 = Anne Sweeney

|party6 = Independent politician

|1data6 = 133

|2data6 = 0.39%

|3data6 = –

| map_image = Donegal South West (Dáil Éireann constituency).png

| map_size = 200px

| map_alt =

| map =

| map_caption = Donegal South-West shown within Ireland

| title = TD

| before_election = Pat "the Cope" Gallagher

| before_party = Fianna Fáil

| posttitle =

| after_election = Pearse Doherty

| after_party = Sinn Féin

}}

A by-election was held in the Dáil constituency of Donegal South-West in Ireland on Thursday 25 November 2010 to fill a vacancy left by the election of Fianna Fáil TD Pat "the Cope" Gallagher to the European Parliament at the June 2009 election. Most voters cast their ballots on 25 November 2010;{{cite news |url=http://www.irishtimes.com/newspaper/breaking/2010/1104/breaking3.html |title=Date set for Donegal South West poll |newspaper=The Irish Times |date=4 November 2010 |access-date=4 November 2010 |archive-date=6 November 2010 |archive-url=https://web.archive.org/web/20101106154713/http://www.irishtimes.com/newspaper/breaking/2010/1104/breaking3.html |url-status=live }}{{cite news |url=http://www.donegaldemocrat.ie/donegalnews/Chief-whip-says-no-ulterior.5972608.jp |title=Chief whip says no ulterior motive for by-election delay |date=12 January 2010 |work=Donegal Democrat |access-date=24 January 2010 |url-status=dead |archive-url=https://web.archive.org/web/20100124070710/http://www.donegaldemocrat.ie/donegalnews/Chief-whip-says-no-ulterior.5972608.jp |archive-date=24 January 2010 }} 754 voters on offshore islands (Arranmore, Tory, Inishbofin, Gola, and Inishfree) were entitled to cast their ballots on 22 November.{{cite news |url=http://www.irishtimes.com/newspaper/breaking/2010/1122/breaking36.html |title=First Donegal byelection votes cast |date=22 November 2010 |newspaper=The Irish Times |access-date=22 November 2010 |archive-date=28 November 2010 |archive-url=https://web.archive.org/web/20101128143351/http://www.irishtimes.com/newspaper/breaking/2010/1122/breaking36.html |url-status=live }}

When a vacancy occurs in the Dáil, the writ for a by-election to fill the vacancy is moved in the Dáil. Possessing a small majority in the Dáil, the government had delayed in calling this by-election. There was no specific legal requirement on when to hold a by-election.{{cite news |url=http://www.independent.ie/national-news/speculation-begins-over-who-will-fill-td-position-1430535.html |title=Speculation begins over who will fill TD position |work=Irish Independent |date=10 July 2008 |access-date=15 July 2008 |first=Fionnan |last=Sheahan |archive-date=12 December 2008 |archive-url=https://web.archive.org/web/20081212025445/http://www.independent.ie/national-news/speculation-begins-over-who-will-fill-td-position-1430535.html |url-status=live }} The 17-month gap between the seat becoming vacant and the writ being moved is the longest in the history of the state.{{cite news |url=http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html |title=Court declares byelection delay unconstitutional |newspaper=The Irish Times |date=4 November 2010 |access-date=4 November 2010 |archive-date=29 November 2010 |archive-url=https://web.archive.org/web/20101129100252/http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html |url-status=live }}

Sinn Féin senator Pearse Doherty was elected on the fourth count.

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.{{cite news |url=http://www.rte.ie/news/2010/0504/politics.html |title=SF attempts to force Donegal bye-election |publisher=RTÉ News |date=4 May 2010 |access-date=12 July 2010 |archive-date=7 May 2010 |archive-url=https://web.archive.org/web/20100507125837/http://www.rte.ie/news/2010/0504/politics.html |url-status=live }} 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.{{cite news |url=http://www.rte.ie/news/2010/0505/politics.html |title=Immediate Donegal bye-election voted down |publisher=RTÉ News |date=5 May 2010 |access-date=12 July 2010 |archive-date=9 May 2010 |archive-url=https://web.archive.org/web/20100509165028/http://www.rte.ie/news/2010/0505/politics.html |url-status=live }}

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.{{cite news |url=http://www.rte.ie/news/2010/0712/politics.html |title=Bye-election judicial review is allowed |publisher=RTÉ News |date=12 July 2010 |access-date=12 July 2010 |archive-date=14 July 2010 |archive-url=https://web.archive.org/web/20100714023443/http://www.rte.ie/news/2010/0712/politics.html |url-status=live }} 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{{cite news |url=http://www.rte.ie/news/2010/1103/byeelection.html |title=Government to hold bye-election this month |publisher=RTÉ News |date=3 November 2010 |access-date=3 November 2010 |archive-date=4 November 2010 |archive-url=https://web.archive.org/web/20101104165818/http://www.rte.ie/news/2010/1103/byeelection.html |url-status=live }} 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. He further stated that: {{cquote|...it is the ongoing failure to move the writ for this by-election since June 2009 which offends the terms and spirit of the Constitution and its framework for democratic representation.{{cite web |url=http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument |title=Doherty -v- Government of Ireland & Anor |work=www.courts.ie |date=3 November 2010 |access-date=3 November 2010 |archive-date=14 August 2011 |archive-url=https://web.archive.org/web/20110814010317/http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument |url-status=live }}}}

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.{{cite news |url=http://www.irishtimes.com/newspaper/breaking/2010/1108/breaking21.html |title=Bond yields remain stubbornly high |newspaper=The Irish Times |date=8 November 2010 |access-date=19 November 2010 |archive-date=11 November 2010 |archive-url=https://web.archive.org/web/20101111142805/http://www.irishtimes.com/newspaper/breaking/2010/1108/breaking21.html |url-status=live }}{{cite news |url=http://www.irishtimes.com/newspaper/finance/2010/1111/1224283092284.html |title=Pressure intensifies on bond yields as interest rate hits 8.7% |newspaper=The Irish Times |date=11 November 2010 |access-date=19 November 2010 |archive-date=22 November 2010 |archive-url=https://web.archive.org/web/20101122070605/http://www.irishtimes.com/newspaper/finance/2010/1111/1224283092284.html |url-status=live }}
  • a fact-finding visit by European Commissioner for Economic and Financial Affairs, Olli Rehn to review the government budgetary plans.{{cite news |url=http://www.irishtimes.com/newspaper/frontpage/2010/1106/1224282791980.html |title=Lenihan to meet Rehn on detail of four-year budget plan |newspaper=The Irish Times |date=6 November 2010 |access-date=19 November 2010 |archive-date=11 November 2010 |archive-url=https://web.archive.org/web/20101111181930/http://www.irishtimes.com/newspaper/frontpage/2010/1106/1224282791980.html |url-status=live }}
  • 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.{{cite news |url=http://www.rte.ie/news/2010/1118/economy.html |title=IMF says Europe has ability to help Ireland |publisher=RTÉ News |date=18 November 2010 |access-date=19 November 2010 |archive-date=19 November 2010 |archive-url=https://web.archive.org/web/20101119030015/http://www.rte.ie/news/2010/1118/economy.html |url-status=live }}
  • 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%.{{cite news |url=http://www.irishtimes.com/newspaper/breaking/2010/1107/breaking16.html |title=Cabinet meets to discuss budget |newspaper=The Irish Times |date=7 November 2010 |access-date=19 November 2010 |archive-date=10 November 2010 |archive-url=https://web.archive.org/web/20101110140929/http://www.irishtimes.com/newspaper/breaking/2010/1107/breaking16.html |url-status=live }}

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%.{{cite news |url=http://www.newstalk.ie/news/6poll-says-sf-to-win-donegal-sw-by-election54/ |title=Poll says SF to win Donegal SW by-election |work=Newstalk |date=18 November 2010 |url-status=dead |archive-url=https://web.archive.org/web/20101123225927/http://www.newstalk.ie/news/6poll-says-sf-to-win-donegal-sw-by-election54/ |archive-date=23 November 2010 }}

On 22 November, Taoiseach Brian Cowen announced his intention to call a general election in early 2011, once the budget had been passed.{{cite news |url=http://www.irishtimes.com/newspaper/ireland/2010/1123/1224283932558.html |title=Cowen wants budget passed before general election |date=23 November 2010 |newspaper=The Irish Times |access-date=23 November 2010 |archive-date=26 November 2010 |archive-url=https://web.archive.org/web/20101126161800/http://www.irishtimes.com/newspaper/ireland/2010/1123/1224283932558.html |url-status=live }} 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.{{cite news |url=https://www.irishexaminer.com/news/arid-30482891.html |title=Donegal's Sweeney withdraws from by-election race |date=23 November 2010 |work=Irish Examiner |access-date=23 November 2010 |archive-date=26 November 2010 |archive-url=https://web.archive.org/web/20101126093212/http://www.examiner.ie/breakingnews/ireland/donegals-sweeney-withdraws-from-by-election-race-482891.html |url-status=live }}

Result

{{STV Election box begin2

|title = 2010 Donegal South–West by-election{{cite web |url=http://www.electionsireland.org/result.cfm?election=2007B&cons=74 |title=Donegal South–West: By-election 2010 |work=ElectionsIreland.org |access-date=10 November 2010 |archive-date=30 November 2010 |archive-url=https://web.archive.org/web/20101130164935/http://electionsireland.org/result.cfm?election=2007B&cons=74 |url-status=live }}

|numcounts = 4

}}

{{STV Election box candidate2

|candidate = Pearse Doherty{{cite news|url=http://oceanfm.ie/news/2010/01/11/sinn-fein-demand-date-for-by-election/ |title=Sinn Féin to demand date for by-election |work=Ocean FM |date=11 January 2010 |access-date=24 January 2010 }}{{dead link|date=June 2017 |bot=InternetArchiveBot |fix-attempted=yes }}

|party = Sinn Féin

|percentage = 39.85

|count1 = 13,719

|count2 = 13,736

|count3 = 15,188

|count4 = 16,897

}}

{{STV Election box candidate2

|candidate = Brian Ó Domhnaill{{cite news |url=http://www.rte.ie/news/2010/1107/lenihanc.html |title=FF selects candidate for Donegal by-election] |publisher=RTÉ News |date=7 November 2010 |access-date=8 November 2010 |archive-date=8 November 2010 |archive-url=https://web.archive.org/web/20101108224545/http://www.rte.ie/news/2010/1107/lenihanc.html |url-status=live }}

|party = Fianna Fáil

|percentage = 21.33

|count1 = 7,344

|count2 = 7,358

|count3 = 7,636

|count4 = 8,069

}}

{{STV Election box candidate2

|candidate = Barry O'Neill

|party = Fine Gael

|percentage = 18.66

|count1 = 6,424

|count2 = 6,442

|count3 = 7,313

|count4 = 8,182

}}

{{STV Election box candidate2

|candidate = Thomas Pringle{{cite news |url=http://www.irishtimes.com/newspaper/ireland/2010/1106/1224282789181.html |title=Tánaiste and MEP at odds over Donegal byelection |newspaper=The Irish Times |date=6 November 2010 |access-date=6 November 2010 |archive-date=9 November 2010 |archive-url=https://web.archive.org/web/20101109003101/http://www.irishtimes.com/newspaper/ireland/2010/1106/1224282789181.html |url-status=live }}

|party = Independent politician

|percentage = 9.99

|count1 = 3,438

|count2 = 3,491

|count3 = 3,763

|count4 =  

}}

{{STV Election box candidate2

|candidate = Frank McBrearty Jnr{{cite news|url=http://www.donegaldemocrat.ie/donegalnews/McBrearty-set-to-contest-byelection.6040988.jp |archive-url=https://archive.today/20120729144035/http://www.donegaldemocrat.ie/donegalnews/McBrearty-set-to-contest-byelection.6040988.jp |url-status=dead |archive-date=29 July 2012 |title=McBrearty set to contest by-election |work=Donegal Democrat |date=4 February 2010 |access-date=8 February 2010 }}

|party = Labour Party (Ireland)

|percentage = 9.78

|count1 = 3,366

|count2 = 3,375

|count3 =  

|count4 =  

}}

{{STV Election box candidate2

|candidate = Anne Sweeney{{cite news|url=http://www.breakingnews.ie/ireland/independent-td-emerges-as-new-by-election-candidate-481285.html|title=Independent TD emerges as new by-election candidate|date=10 November 2010|work=BreakingNews.ie|publisher=Thomas Crosbie Media|access-date=10 November 2010|archive-date=14 November 2010|archive-url=https://web.archive.org/web/20101114173352/http://www.breakingnews.ie/ireland/independent-td-emerges-as-new-by-election-candidate-481285.html|url-status=live}}

|party = Independent politician

|percentage = 0.39

|count1 = 133

|count2 =  

|count3 =  

|count4 =  

}}

{{STV Election box end2

|numcounts = 4

|electorate = 62,299

|valid = 34,424

|spoilt = 484

|quota = 17,213

|turnout = 57.39%

}}

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.{{cite news |author=John Murray Brown in Dublin, FT |url=http://edition.cnn.com/2010/WORLD/europe/11/26/ireland.sinn.fein.donegal.ft/ |title=Irish government concedes loss of Donegal - CNN.com |publisher=CNN |access-date=26 November 2010}}{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}} 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.{{cite news |url=http://www.irishtimes.com/newspaper/breaking/2010/1210/breaking53.html |title=SF forms Dáil Technical Group |newspaper=The Irish Times |date=10 December 2010 |access-date=30 December 2010 |archive-date=13 March 2011 |archive-url=https://web.archive.org/web/20110313134618/http://www.irishtimes.com/newspaper/breaking/2010/1210/breaking53.html |url-status=live }}{{cite news |url=http://www.rte.ie/news/2010/1126/donegal.html |title=Pearse Doherty elected in Donegal South West |publisher=RTÉ News |date=26 November 2010 |access-date=26 November 2010 |archive-date=1 January 2011 |archive-url=https://web.archive.org/web/20110101092530/http://www.rte.ie/news/2010/1126/donegal.html |url-status=live }} 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.{{cite news |url=http://www.irishtimes.com/newspaper/breaking/2010/1126/breaking4.html |title=Doherty wins Donegal byelection |date=26 November 2010 |newspaper=The Irish Times |access-date=26 November 2010 |archive-date=28 November 2010 |archive-url=https://web.archive.org/web/20101128192304/http://www.irishtimes.com/newspaper/breaking/2010/1126/breaking4.html |url-status=live }}{{cite news |url=http://www.breakingnews.ie/ireland/sinn-feins-doherty-wins-by-election-ff-third-483422.html |title=Sinn Féin's Doherty wins by-election, FF third |work=BreakingNews.ie |date=26 November 2010 |access-date=26 November 2010 |archive-date=30 November 2010 |archive-url=https://web.archive.org/web/20101130063225/http://breakingnews.ie/ireland/sinn-feins-doherty-wins-by-election-ff-third-483422.html |url-status=live }}

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.{{cite web |title=Electoral (Amendment) Bill 2011: Second Stage |url=https://www.oireachtas.ie/en/debates/debate/dail/2011-07-05/21/ |website=Dáil Éireann (31st Dáil) debates |publisher=Oireachtas |access-date=2 April 2020 |language=en-ie |date=5 July 2011 |archive-date=31 October 2019 |archive-url=https://web.archive.org/web/20191031204420/https://www.oireachtas.ie/en/debates/debate/dail/2011-07-05/21/ |url-status=live }}; {{cite web |title=Electoral (Amendment) Act 2011 s.2 |url=http://www.irishstatutebook.ie/eli/2011/act/14/section/2/enacted/en/html#sec2 |website=electronic Irish Statute Book (eISB) |access-date=2 April 2020 |language=en |archive-date=15 November 2020 |archive-url=https://web.archive.org/web/20201115024301/http://www.irishstatutebook.ie/eli/2011/act/14/section/2/enacted/en/html#sec2 |url-status=live }}

See also

References

{{Reflist}}