Dáil Éireann Debate, Tuesday - 11 July 2017
794. Deputy Róisín Shortall asked the Minister for Housing, Planning, Community and Local Government his plans to provide for maternity leave and paternity leave for councillors and to make arrangements for co-option in such cases. [32171/17]
Amharc ar fhreagraSection 18(4) of the Local Government Act 2001, as amended, provides that councillors may be absent from meetings of a local authority for up to 6 months, either on health grounds or for another reason in good faith, and retain their seats subject to a resolution of the elected members of the Council. This period may be extended to 12 months, upon the passing of a resolution by the elected members of the Council, and to 18 months, again upon the passing of a resolution by the Council.
Councillors receive a representational payment of €16,645 per annum to support them in carrying out their reserved functions. A councillor who is absent for a period of up to 6 months is entitled to continue to receive the full amount of the representational payment for so long as he or she continues to be a member of their local authority. Councillors who are absent for a period exceeding 6 months may continue to receive 50% of the representational payment for the next succeeding 6 months. No further payments are made for uninterrupted absences that exceed 1 year in duration.
Section 19 of the Act provides for the filling of casual vacancies in the membership of local authorities. A casual vacancy occurs when a person ceases to be a member of a local authority and is filled by co–option whereby the former elected member’s political party may nominate a suitable replacement. However, co-option does not apply in circumstances where a councillor is on a long-term absence as he or she continues to hold their seat in absentia.
As it is not possible for two persons concurrently to hold the same seat as public representatives, it would be necessary for an incumbent councillor to resign their seat in order for co-option to be applied. Under the existing statutory provisions it is possible for a resigning councillor, with the agreement of their political party, to resume their seat at a later date via the same co-option mechanism following the resignation of their co-opted replacement.
