Dáil Éireann Debate, Wednesday - 22 November 2023
99. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage for clarification (details supplied) relating to SI 216/2004 and Circular Letter LG(P) 06/09; and if he will make a statement on the matter. [51514/23]
View answerCircular LG(P) 06/09 "Local Government Act 2001 (Section 161) Order 2004" is based on S.I. No. 216 of 2004 and also reflects the provisions of Circular 09/2009 "Civil Servants and Political Activity".
The order provides that a local authority employee, whose maximum salary on the latest date for receipt of nominations at a local election does not exceed the maximum salaryfor the post of Clerical Officer, may become a member of a local authority. While Circular LG(P) 06/09 refers to ‘salary’, the associated statutory instrument (S.I. No. 216 of 2004) refers only to ‘remuneration’. The latter is considered to include all earnings.
Any calculation to determine full remuneration received by a local authority employee must include all elements received either directly or indirectly from the employer in respect of employment. That would include base salary payments, allowances and call out/incident attendance payments in determining eligibility under the relevant statutory instrument.
Accordingly, reflecting the different constituent parts of the annual earnings of retained firefighters, in such instances where a retained firefighter wishes to pursue nomination for local elections, the total earnings for the previous year will be used to determine eligibility under the provisions of LG(P) 06/09 to ensure a transparent and equitable approach for retained firefighters vis á vis other local authority employees.
