I move:
That Seanad Éireann approves the following Order in draft:
Local Elections (Petitions and Disqualifications) Act, 1974 (Section 25) (Amendment) Order, 1976,
a copy of which Order in draft has been laid before the House.
Local Elections (Petitions and Disqualifications) Act, 1974 (Section 25) (Amendment) Order, 1976: Motion.
Under section 21 of the Local Government Act, 1955, no person shall hold any office of profit under or be employed for remuneration by or under any local authority while he is a member of that authority.
The Local Elections (Petitions and Disqualifications) Act, 1974, empowers the Minister for Local Government to designate by order an office or employment of a class, description or grade to which the foregoing section 21 of the Local Government Act, 1955, shall not apply. I did in fact make such an order on 15th May, 1974. That order while exempting all employments and a number of offices from the requirements of section 21 of the Local Government Act, 1955, provides, however, that offices to which the Local Authorities (Officers and Employees) Act, 1926, applies would continue to be subject to the terms of the said section 21.
The Local Authorities (Officers and Employees) Act 1926, applies to the office of coroner, namely, it must be filled on the recommendation of the Local Appointments Commission.
The present motion is seeking the approval of An Seanad to the making of an amending order under the Local Elections (Petitions and Disqualifications) Act, 1974, so that a person may be a member of a local authority and hold the post of corner at the same time.
The purpose of section 21 of the Local Government Act, 1955, is to ensure that there shall be no conflict of interest for a person being a member of a local authority and holding an office under a local authority. In the case of the office of coroner no such conflict is visualised. While a coroner is appointed by the local authority in whose area the relevant coroner's district is situated he is not carrying out duties assigned to him by the local authority. His duties relate mainly to the holding of inquests and matters associated therewith. There is therefore no danger of any conflict of interest arising as between his office of coroner and his position as a member of a local authority.
Before the appropriate order may be made it is necessary to have a resolution of each House of the Oireachtas approving of the draft order. Dáil Éireann passed a resolution of approval on the 21st January, 1976. A resolution of approval by Seanad Éireann is now sought.
We have no objection to the Minister's proposals as outlined in his speech.
Question put and agreed to.
The Seanad adjourned at 4.30 p.m.sine die.