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2010 Donegal South-West by-election
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By-election to the 30th Dáil
December 2021
December 2021
2010 Donegal South-West by-election Ireland by-election no 2007 Irish general election 2007 25 November 2010 2011 Irish general election 2011 34,908 (57.4%) First preferences Percentage Final count PearseDoherty.JPG 110 100 120 0 5 Pearse Doherty Sinn Féin 13,719 39.8% 16,897 O'Neill Barry O'Neill Fine Gael 6,424 18.7% 8,182 Brian Ó Domhnaill.jpg 110 100 120 0 5 Brian Ó Domhnaill Fianna Fáil 7,344 21.3% 8,069 Donegal South West (Dáil Éireann constituency).png 200px Donegal South-West shown within Ireland TD Pat "the Cope" Gallagher Fianna Fáil TD after election Pearse Doherty Sinn Féin
A Dáil by-election was held in the constituency of Donegal South-West in Ireland on Thursday, 25 November 2010, to fill a vacancy in the 30th Dáil. It followed the election of Fianna Fáil Teachta Dála (TD) Pat "the Cope" Gallagher to the European Parliament at the June 2009 election.Introduction of New Members https://www.oireachtas.ie/en/debates/debate/dail/2009-06-09/4/ 9 June 2009 Dáil Debates 684 1 Houses of the Oireachtas Most voters cast their ballots on 25 November 2010;http://www.irishtimes.com/newspaper/breaking/2010/1104/breaking3.html Date set for Donegal South West poll The Irish Times 4 November 2010 4 November 2010 6 November 2010 https://web.archive.org/web/20101106154713/http://www.irishtimes.com/newspaper/breaking/2010/1104/breaking3.html live http://www.donegaldemocrat.ie/donegalnews/Chief-whip-says-no-ulterior.5972608.jp Chief whip says no ulterior motive for by-election delay 12 January 2010 Donegal Democrat 24 January 2010 dead https://web.archive.org/web/20100124070710/http://www.donegaldemocrat.ie/donegalnews/Chief-whip-says-no-ulterior.5972608.jp 24 January 2010 754 voters on offshore islands (Arranmore, Tory, Inishbofin, Gola, and Inishfree) were entitled to cast their ballots on 22 November.http://www.irishtimes.com/newspaper/breaking/2010/1122/breaking36.html First Donegal byelection votes cast 22 November 2010 The Irish Times 22 November 2010 28 November 2010 https://web.archive.org/web/20101128143351/http://www.irishtimes.com/newspaper/breaking/2010/1122/breaking36.html 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.http://www.independent.ie/national-news/speculation-begins-over-who-will-fill-td-position-1430535.html Speculation begins over who will fill TD position Irish Independent 10 July 2008 15 July 2008 Fionnan Sheahan 12 December 2008 https://web.archive.org/web/20081212025445/http://www.independent.ie/national-news/speculation-begins-over-who-will-fill-td-position-1430535.html live The 17-month gap between the seat becoming vacant and the writ being moved is the longest in the history of the state.http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html Court declares byelection delay unconstitutional The Irish Times 4 November 2010 4 November 2010 29 November 2010 https://web.archive.org/web/20101129100252/http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html 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 2 July 2009, Sinn Féin proposed to issue the writ for Donegal South-West, it was defeated by 72 votes to 69.Issue of Writ: Donegal South-West By-election https://www.oireachtas.ie/en/debates/debate/dail/2009-07-02/10/ 2 July 2009 Dáil Debates 687 1 Houses of the Oireachtas
On 5 May 2010, Sinn Féin again attempted to force the holding of the by-election.http://www.rte.ie/news/2010/0504/politics.html SF attempts to force Donegal bye-election RTÉ News 4 May 2010 12 July 2010 7 May 2010 https://web.archive.org/web/20100507125837/http://www.rte.ie/news/2010/0504/politics.html live 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.http://www.rte.ie/news/2010/0505/politics.html Immediate Donegal bye-election voted down RTÉ News 5 May 2010 12 July 2010 9 May 2010 https://web.archive.org/web/20100509165028/http://www.rte.ie/news/2010/0505/politics.html liveIssue of Writ: Donegal South-West By-election https://www.oireachtas.ie/en/debates/debate/dail/2010-05-05/23/ 5 May 2010 Dáil Debates 708 1 Houses of the Oireachtas
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.http://www.rte.ie/news/2010/0712/politics.html Bye-election judicial review is allowed RTÉ News 12 July 2010 12 July 2010 14 July 2010 https://web.archive.org/web/20100714023443/http://www.rte.ie/news/2010/0712/politics.html live
On 29 September 2010, Fine Gael proposed to issue the writ for Donegal South-West and two other vacancies, it was defeated by 81 votes to 77.Issue of Writs: Dublin South, Waterford and Donegal South-West By-elections https://www.oireachtas.ie/en/debates/debate/dail/2010-09-29/27/ 29 September 2010 Dáil Debates 716 1 Houses of the Oireachtas
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 unprecedentedhttp://www.rte.ie/news/2010/1103/byeelection.html Government to hold bye-election this month RTÉ News 3 November 2010 3 November 2010 4 November 2010 https://web.archive.org/web/20101104165818/http://www.rte.ie/news/2010/1103/byeelection.html 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: ...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.http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument Doherty -v- Government of Ireland & Anor www.courts.ie 3 November 2010 3 November 2010 14 August 2011 https://web.archive.org/web/20110814010317/http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument 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.Issue of Writ: Donegal South-West By-election https://www.oireachtas.ie/en/debates/debate/dail/2010-11-04/10/ 4 November 2010 Dáil Debates 721 1 Houses of the Oireachtas 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.http://www.irishtimes.com/newspaper/breaking/2010/1108/breaking21.html Bond yields remain stubbornly high The Irish Times 8 November 2010 19 November 2010 11 November 2010 https://web.archive.org/web/20101111142805/http://www.irishtimes.com/newspaper/breaking/2010/1108/breaking21.html live http://www.irishtimes.com/newspaper/finance/2010/1111/1224283092284.html Pressure intensifies on bond yields as interest rate hits 8.7% The Irish Times 11 November 2010 19 November 2010 22 November 2010 https://web.archive.org/web/20101122070605/http://www.irishtimes.com/newspaper/finance/2010/1111/1224283092284.html live
a fact-finding visit by European Commissioner for Economic and Financial Affairs, Olli Rehn to review the government budgetary plans.http://www.irishtimes.com/newspaper/frontpage/2010/1106/1224282791980.html Lenihan to meet Rehn on detail of four-year budget plan The Irish Times 6 November 2010 19 November 2010 11 November 2010 https://web.archive.org/web/20101111181930/http://www.irishtimes.com/newspaper/frontpage/2010/1106/1224282791980.html 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.http://www.rte.ie/news/2010/1118/economy.html IMF says Europe has ability to help Ireland RTÉ News 18 November 2010 19 November 2010 19 November 2010 https://web.archive.org/web/20101119030015/http://www.rte.ie/news/2010/1118/economy.html 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%.http://www.irishtimes.com/newspaper/breaking/2010/1107/breaking16.html Cabinet meets to discuss budget The Irish Times 7 November 2010 19 November 2010 10 November 2010 https://web.archive.org/web/20101110140929/http://www.irishtimes.com/newspaper/breaking/2010/1107/breaking16.html 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%.http://www.newstalk.ie/news/6poll-says-sf-to-win-donegal-sw-by-election54/ Poll says SF to win Donegal SW by-election Newstalk 18 November 2010 dead https://web.archive.org/web/20101123225927/http://www.newstalk.ie/news/6poll-says-sf-to-win-donegal-sw-by-election54/ 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.http://www.irishtimes.com/newspaper/ireland/2010/1123/1224283932558.html Cowen wants budget passed before general election 23 November 2010 The Irish Times 23 November 2010 26 November 2010 https://web.archive.org/web/20101126161800/http://www.irishtimes.com/newspaper/ireland/2010/1123/1224283932558.html 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.https://www.irishexaminer.com/news/arid-30482891.html Donegal's Sweeney withdraws from by-election race 23 November 2010 Irish Examiner 23 November 2010 26 November 2010 https://web.archive.org/web/20101126093212/http://www.examiner.ie/breakingnews/ireland/donegals-sweeney-withdraws-from-by-election-race-482891.html live
Result
Following the redistribution of Thomas Pringle's votes, Pearse Doherty was deemed elected on the fourth count.Return to Writ: Introduction of New Member https://www.oireachtas.ie/en/debates/debate/dail/2010-11-30/17/ 30 November 2010 Dáil Debates 723 3 Houses of the Oireachtas
2010 Donegal South-West by-electionhttp://www.electionsireland.org/result.cfm?election=2007B&cons=74 Donegal South-West: By-election 2010 ElectionsIreland.org 10 November 2010 30 November 2010 https://web.archive.org/web/20101130164935/http://electionsireland.org/result.cfm?election=2007B&cons=74 live Donegal South-West: 2010 by-election Ireland Election https://irelandelection.com/election.php?elecid=45&constitid=5&electype=2 23 April 2026
4
Pearse Dohertyhttp://oceanfm.ie/news/2010/01/11/sinn-fein-demand-date-for-by-election/ Sinn Féin to demand date for by-election Ocean FM 11 January 2010 24 January 2010 June 2017 InternetArchiveBot yes
Sinn Féin
39.8
13,719
13,736
15,188
16,897
Brian Ó Domhnaillhttp://www.rte.ie/news/2010/1107/lenihanc.html FF selects candidate for Donegal by-election] RTÉ News 7 November 2010 8 November 2010 8 November 2010 https://web.archive.org/web/20101108224545/http://www.rte.ie/news/2010/1107/lenihanc.html live
Fianna Fáil
21.3
7,344
7,358
7,636
8,069
Barry O'Neill
Fine Gael
18.7
6,424
6,442
7,313
8,182
Thomas Pringlehttp://www.irishtimes.com/newspaper/ireland/2010/1106/1224282789181.html Tánaiste and MEP at odds over Donegal byelection The Irish Times 6 November 2010 6 November 2010 9 November 2010 https://web.archive.org/web/20101109003101/http://www.irishtimes.com/newspaper/ireland/2010/1106/1224282789181.html live
Independent politician (Ireland)
10.0
3,438
3,491
3,763
Frank McBrearty Jnrhttp://www.donegaldemocrat.ie/donegalnews/McBrearty-set-to-contest-byelection.6040988.jp https://archive.today/20120729144035/http://www.donegaldemocrat.ie/donegalnews/McBrearty-set-to-contest-byelection.6040988.jp dead 29 July 2012 McBrearty set to contest by-election Donegal Democrat 4 February 2010 8 February 2010
Labour Party (Ireland)
9.8
3,366
3,375
Anne Sweeneyhttp://www.breakingnews.ie/ireland/independent-td-emerges-as-new-by-election-candidate-481285.html Independent TD emerges as new by-election candidate 10 November 2010 BreakingNews.ie Thomas Crosbie Media 10 November 2010 14 November 2010 https://web.archive.org/web/20101114173352/http://www.breakingnews.ie/ireland/independent-td-emerges-as-new-by-election-candidate-481285.html live
Independent politician (Ireland)
0.4
133
4
62,299
34,424
484
17,213
34,908 (57.4%)
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.John Murray Brown in Dublin, FT http://edition.cnn.com/2010/WORLD/europe/11/26/ireland.sinn.fein.donegal.ft/ Irish government concedes loss of Donegal - CNN.com CNN 26 November 2010May 2025 medicmedic 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.http://www.irishtimes.com/newspaper/breaking/2010/1210/breaking53.html SF forms Dáil Technical Group The Irish Times 10 December 2010 30 December 2010 13 March 2011 https://web.archive.org/web/20110313134618/http://www.irishtimes.com/newspaper/breaking/2010/1210/breaking53.html live http://www.rte.ie/news/2010/1126/donegal.html Pearse Doherty elected in Donegal South West RTÉ News 26 November 2010 26 November 2010 1 January 2011 https://web.archive.org/web/20110101092530/http://www.rte.ie/news/2010/1126/donegal.html 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.http://www.irishtimes.com/newspaper/breaking/2010/1126/breaking4.html Doherty wins Donegal byelection 26 November 2010 The Irish Times 26 November 2010 28 November 2010 https://web.archive.org/web/20101128192304/http://www.irishtimes.com/newspaper/breaking/2010/1126/breaking4.html live http://www.breakingnews.ie/ireland/sinn-feins-doherty-wins-by-election-ff-third-483422.html Sinn Féin's Doherty wins by-election, FF third BreakingNews.ie 26 November 2010 26 November 2010 30 November 2010 https://web.archive.org/web/20101130063225/http://breakingnews.ie/ireland/sinn-feins-doherty-wins-by-election-ff-third-483422.html 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.Electoral (Amendment) Bill 2011: Second Stage https://www.oireachtas.ie/en/debates/debate/dail/2011-07-05/21/ Dáil Éireann (31st Dáil) debates Oireachtas 2 April 2020 en-ie 5 July 2011 31 October 2019 https://web.archive.org/web/20191031204420/https://www.oireachtas.ie/en/debates/debate/dail/2011-07-05/21/ live ; Electoral (Amendment) Act 2011 s.2 http://www.irishstatutebook.ie/eli/2011/act/14/section/2/enacted/en/html#sec2 electronic Irish Statute Book (eISB) 2 April 2020 en 15 November 2020 https://web.archive.org/web/20201115024301/http://www.irishstatutebook.ie/eli/2011/act/14/section/2/enacted/en/html#sec2 live
References
External links
Electoral Act 1992
Category:2010 in Irish politics
Category:2010 elections in the Republic of Ireland
Category:30th Dáil
Donegal South-West 2010
Category:Elections in County Donegal
Category:November 2010 in Ireland