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.[4] The 17-month gap between the seat becoming vacant and the writ being moved is the longest in the history of the state.[5]
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.[7] 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.[8]
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.[9] 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[10] 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.[5] 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.[11]
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.[10]
Campaign
The election campaign took place during an unprecedented crisis in state finances:
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%.[16]
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%.[17]
On 22 November, Taoiseach Brian Cowen announced his intention to call a general election in early 2011, once the budget had been passed.[18] 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.[19]
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.[25] 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.[26][27] 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.[28][29]
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.[30]
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