Seanad debates

Wednesday, 26 February 2003

10:30 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

I support the amendment to the Order of Business. We have a duty to uphold the Constitution and not pass unconstitutional legislation. The legislation is unconstitutional. Article 15.2 does not allow a person to be a Member of both Houses of the Oireachtas. This had to be enshrined in the Constitution. How can this be done, therefore, in legislation with regard to a county councillor who is also a Member of the Oireachtas? Even the wording of the legislation, that a person cannot be elected, indicates there is a constitutional problem. If one is allowed to run, one cannot be made to give up one's seat.

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