Seanad debates

Tuesday, 25 March 2003

Local Government Bill 2003: Report and Final Stages.

 

This amendment recommends that the abolition of the dual mandate, which will be found to be unconstitutional, should not apply to Senators. On previous occasions, I referred to various articles of the Constitution. For example, I spoke about the constitutional amendment which gave rise to Article 28A. I also referred to Articles 2, 40 and 15.14. The latter requires that a person cannot be a Member of both Houses of the Oireachtas and the position regarding the President is similar in Article 12.2. The legislation is worded in such a way as to stop a person running for election – not just to disallow them from holding both seats – and is a recognition that a constitutional problem exists with regard to making an elected person surrender their seat. The mandate in a local government election comes from the people. A county councillor running for election following enactment of the Bill will have the right to challenge legislation which forces him or her to surrender the council seat to which he or she was elected by the people.

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