Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I move amendment No. 16:

In page 16, to delete lines 14 to 20 and substitute the following: “(a) in section 13—

(i) by the insertion, after subsection (1), of the following subsections:

“(1A) Subject to subsection (2), a person to whom subsection (1) applies, other than a person referred to in paragraph (b) or (e) of that subsection, is disqualified from being elected to the office of Mayor of Limerick.

(1B) Subject to subsection (2), a person to whom subsection (1) applies is disqualified from holding the office of Mayor of Limerick.”,

and

(ii) in subsection (2)—

(I) by the substitution, in paragraph (a), of “subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(k) applies” for “subsection (1)(k)”,

(II) by the substitution, in paragraph (b), of “subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(l) applies” for “subsection (1)(l)”, and

(III) by the substitution, in paragraph (c), of “subsection (1), (1A) or (1B) in respect of a person to whom subsection (1)(m) applies” for “subsection (1)(m)”,”.

These are all minor, typographical or consequential amendments. I propose to address each one briefly.

Amendments Nos. 16 and 88 are consequential amendments to the Committee Stage amendment made to section 20. That Committee Stage amendment to section 20 amends sections 13 and 13A of the Local Government Act 2001 to provide that Members of the Houses of the Oireachtas and of the European Parliament may stand for election to the office of mayor of Limerick but are disqualified from holding that office unless they cease their membership in the Houses of the Oireachtas or the European Parliament as the case may be.

Amendment No. 16 provides for a consequential amendment required to section 13(2) of the principal Act. The provisions in subsection (2), paragraphs (a) to (c) set the commencement day and the duration of the disqualification under each of the paragraphs (k) to (m) of subsection (1) of section 13. The amendment applies these same provisions to a disqualification arising under new subsections (1A) and (1B) where that disqualification arises under the criteria of (1)(k), (1)(l), or (1)(m).

Amendment No. 88 provides for the deletion of "as applied and modified by Schedule 3" to be deleted from paragraph 3 of Schedule 2.

Amendment No. 76 is a technical amendment required to insert a missing “and” in section 62(8) to ensure the report with the final recommendation of a panel is both delivered to the Minister and copied to the mayor and the príomh chomhairleoir.

Amendment No. 99 is a consequential amendment arising from amendments made on Dáil Committee Stage to the modification of section 174 in Schedule 3. It relates to Amendment No. 79 that is being discussed in a later grouping. That amendment removes the reference to subsection (7) of section 174 as this already applies to the príomh chomhairleoir by virtue of the modification made in Schedule 3.

However, it is necessary to insert section 174(8) as this includes a function for the príomh chomhairleoir, as a person to whom a matter is brought to attention under section 174(7).

Amendment No. 99 makes the necessary amendment to thechapeauto the modification of section 174 in Schedule 3, which notes that subsection (8) applies to the príomh chomhairleoir.

Amendment No. 89 makes provision for a minor technical amendment to correct a typographical error in paragraph 24(3)(d)(i) of Schedule 2. This subparagraph provides that a returning officer may rule that a nomination paper is invalid by reason of it not having been properly made out. The amendment corrects the possessive "its" rather than "it" as it appears in the published Bill.

Amendment No. 90 makes provision for a minor technical amendment to correct a typographical error in paragraph 51(1) of Chapter 12 of Schedule 2. A cross-reference was omitted in paragraph 51(1) during the publication process of the Bill. A cross-reference to paragraph 50 needs to be reinserted to correct this omission.

See this speech in context