Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Dáil amendment No. 193 makes precise amendments to section 19A of the Local Government Act 2001, as inserted by the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022. Section 19A permits a person to take the place temporarily of a member of a local authority who is absent from the local authority for a period due to the taking of maternity leave or due to illness or other reasons of good faith.

Following the enactment of this provision, a question was raised about its implications for the exercise of functions of a member of a local authority, specifically about voting in Seanad elections by either, or both, the temporary substitute and-or the member causing the absence. Legal advice on the matter was sought and was provided by the Attorney General. The Attorney General suggested that, while no constitutional difficulties arise in this matter as regards the 2022 Act, consideration be given as to whether it is appropriate to amend the 2022 Act to make express provision dealing with the exercise of the functions of a member during the temporary absence caused by a member taking maternity leave or being ill or by good faith absence. The short, precise amendments proposed to section 19A in this Bill are to make clear that a councillor who has caused a temporary absence and sought a temporary substitute could not continue to exercise the functions of councillor during the period of his or her absence. The temporary substitute fulfils the functions of the councillor causing the temporary absence for the period of that absence.

Although the amendment refers to councillor functions generally, the amendments proposed address the specific question raised in respect of voting in Seanad elections as to whether the temporary substitute or the councillor causing the absence, or both, would be able to vote. The amendments proposed put this issue beyond doubt, ensuring that only one vote would be exercised in Seanad elections.

I hope Members can accept this amendment.