File image of Labour councillor Angela Feeney RollingNews.ie

High Court to hear petition for Seanad panel to be recounted after candidate lost by 0.116 of a vote

Angela Feeney was granted a recount of the 23rd count, after which she was eliminated, but did not receive a full recount.

THE HIGH COURT is to hear a petition for a full recount of the Seanad’s agricultural panel after a candidate lost out by 0.116 of a vote.

Labour councillor Angela Feeney lost out to Fine Gael’s Maria Byrne during the Seanad election on 1 February.

Feeney, a councillor on Kildare County Council, was granted a recount of the 23rd count, after which she was eliminated, but did not receive a full recount.

Feeney sought to bring a petition to the High Court last Friday, pursuant to section 54 of the Seanad Electoral (Panel Members) Act 1947, seeking a full recount of the election to the Agricultural Panel.

Under section 54 of the Seanad Electoral Act 1947, an unsuccessful candidate can request a full recount if they are given permission to do so by the High Court.

Court records show that the petition and an affidavit were filed with the court on Monday. 

In a statement to The Journal, a spokesperson for Feeney noted that at the conclusion of the 23rd count, the margin of difference between Feeney and Byrne was .116 votes, “or roughly one-ninth of a ballot paper”.

“The distribution of Feeney’s votes concluded the count, and a request for a full recount to the returning officer at the Seanad Count was not granted,” said the spokesperson.

“The court has granted Cllr Feeney leave to proceed by way of petition, with other notice parties.”

There are 11 seats on the Seanad’s Agricultural Panel, which is made up of candidates who are said to have knowledge and experience of agriculture and fisheries.

The Seanad has 60 members, 49 of whom are elected while 11 are nominated by the Taoiseach.

Of the 49 elected members, 43 are elected from panels of candidates representing specific vocational interests, such as the agriculture panel.

Members of the incoming Dáil, the outgoing Seanad, and members of county councils and city councils can vote in an election of panel members.

The remaining six members are elected by university graduates of National University of Ireland (NUI) and University of Dublin (Trinity).

However, in future Seanad elections, the existing University of Dublin constituency and the NUI constituency will be replaced with a new six-seater ‘Higher Education’ panel. 

This means graduates of an additional 15 institutions of higher education can now apply to be added to the register. 

The full list of designated educational institutions for the new register can be found here.

The petition is due to be heard by a court on 27 February. 

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