The question of whether the current Seanad is valid will be examined by three High Court judges who will sit in the Supreme Court building next Wednesday.

This significant constitutional action will be heard by the newly-appointed High Court President, Justice Mary Irvine, along with Justice Denis McDonald and Justice Niamh Hyland.

The two-day sitting will be heard in the Supreme Court building, as its  judicial bench facilitates a two-metre distance between each of the three judges.

Ten elected Senators — Ivana Bacik, Victor Boyhan, Gerard Craughwell, Annie Hoey, Sharon Keogan, Michael McDowell, Rebecca Moynihan, Ronán Mullen, Marie Sherlock and Mark Wall — have brought the proceedings against An Taoiseach, Ireland, and the Attorney General.

Article 18

The action hinges on Article 18 of the Constitution and the 49-member composition of the Seanad and their election.

The case follows a dispute between Senators and the Taoiseach over whether the current Seanad is validly constituted and entitled to sit and pass legislation.

The ten argue that since the election of 49 Senators on 3 April, there has been no constitutional inhibition on the Taoiseach in advising the President to fix a day for its inaugural meeting.

Dispute

They dispute the Taoiseach’s claim that the nomination of 11 Senators by him is a constitutional prerequisite to the first sitting of the Seanad or to the passing of legislation by both Houses of the Oireachtas.

The Taoiseach has said that, without his 11 nominees, the Seanad is not properly composed and cannot pass legislation.

John Rogers SC, for the plaintiffs, said his clients had been hoping for a political solution but they now want a legal solution.

Conleth Bradley SC, for the defendants, said that outgoing High Court president Mr Justice Peter Kelly agreed on Tuesday that the matter was urgent and should be heard by a divisional High Court sitting.