Dáil Éireann Debate, Tuesday - 27 February 2024
287. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 99 of 22 November 2023, if a review of SI No. 216/2004 and Circular letter LG(P) 06/09 as they relate to retained fire fighters is underway; the way in which this review will consider the fact that calls are not guaranteed income; when this review will be completed; and if he will make a statement on the matter. [9192/24]
Amharc ar fhreagraI refer to the reply to Question No. 99 of 22 November 2023 which sets out the position in the matter. Sections 13, 13A and 161 of the Local Government Act set out the legislative position in respect of local authority membership. These sections set out that members of a local authority are not to be employed by a local authority. Section 161 provides the Minister to designate by Order any class, description or grade of employment for whom these provisions would not apply. S.I. No. 216 of 2004 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 remuneration for the post of Clerical Officer, may become a member of a local authority. Circular LG(P) 06/09 “Local Government Act 2001 (Section 161) Order 2004” confirms this position and 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. This matter is not currently under review.
My Department wrote to all local authorities on 1 December 2023 to confirm this position.
