Meanwhile, In The Supreme Court

at

Brian Mohan

This morning.

In the Supreme Court.

Fianna Fáil local election candidate for Dublin’s North Inner City Brian Mohan won his appeal against a previous Court of Appeal ruling.

The Court of Appeal ruled that he lacked legal standing to challenge the constitutionality of 2012 laws linking State funding of parties to parties meeting gender quotas when selecting candidates.

The Electoral (Political Funding) Act 2012 provides that a political party which doesn’t have at least 30 per cent male and 30 per cent female candidates in a general election would have its funding halved.

The Supreme Court found that he does have the legal standing to make his challenge.

His challenge will now be heard in the High Court at a later date.

Meanwhile…

 

19 thoughts on “Meanwhile, In The Supreme Court

  1. Fact Checker

    I’ve always wondered about this law.

    It is very easy to run as an independent in Ireland, and indeed many of them make it as councillors and TDs.

    The gender quotas only apply to political parties. You cannot (by definition) apply these quotas to independent candidates.

    To my non-legal eye it would seem disproportionate, as it only impacts parties.

    1. George

      That doesn’t make sense. It is like saying you can’t have different rules applying to couples because single people exist or that you can’t have different rules for a company with 250 employees and a sole-trader.

      1. Fact Checker

        Your objective is to increase the number of women elected.

        Your policy impacts only candidates that are part of political parties.

        Ergo, it puts independents at an advantage.

        1. George

          The measures are in proportion to the size of the organization. They are not disproportionate.

          The quotas relate to the nomination procedure. Independents do not go through a nomination procedure they nominate themselves.

          1. Fact Checker

            Clearly.

            They confer a competitive advantage on independents though.

            This is one of the reasons the Independent Alliance has not registered with SIPO. It would mess with their dude-heavy slate of candidates.

          2. George

            No, it does not put indepents at an advantage. Political parties have an advantage as they receive public funding that Indendepents do not.

            The punishment for non-compliance is a reduction (not complete removal) of this funding which still leaves political parties at an advantage over independents.

            Please consider a more suitable username.

  2. Andyourpointiswhatexactly?

    He absolutely has the right to take the case.
    Doesn’t mean the gender quotas are unconstitutional, though.

  3. rotide

    I’m sorry to be negative but that first paragraph is a tough read.

    Is he for or against gender quotas? I was going to reread it to untangle it but the HORRIFIC typo in yer mans tweet put me off.

    1. George

      FF selected his constituency (or ward?) to have a female nominee so they would meet the quota.

      1. Starina

        did they say that specifically was the reason or what she selected because she was the best option?

        1. George

          It was reported that FF sent instructions to some local branches that they needed to choose women. If you google the guys name it comes up.

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