Oireachtas Joint and Select Committees

Thursday, 8 December 2022

Select Committee on Housing, Planning and Local Government

Business of Select Committee
Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Bill 2022: Committee Stage

Photo of Richard O'DonoghueRichard O'Donoghue (Limerick County, Independent) | Oireachtas source

Does an Independent councillor who is out on leave have the right to nominate a person to replace him or her? I ask as I am a former county councillor for Limerick and I was first elected as a Fianna Fáil councillor and the second time as an Independent. The council at the time told me it would object to me giving my seat to someone else after I was elected a Member of the Oireachtas but agreed afterwards it would not. Independents should be treated the exact same as a member of a political party because an Independent councillor is elected by the people and, therefore, should be entitled to give his or her nominated person a seat if he or she becomes a member of the Dáil or is on a leave of absence.

If one is first elected when a member of a political party but halfway through the term leaves the party and becomes an Independent does responsibility lie with the party to nominate a replacement? I believe that when one is elected as an Independent, one should have the right to nominate someone.

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