Róisín Shortall (Dublin North West, Social Democrats)
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793. To ask the Minister for Housing, Planning, Community and Local Government the steps he is taking to ensure that all local authority chambers have a clear policy on councillors that choose to breastfeed during live council sessions; and the steps he is taking to ensure that the practice is facilitated in each council. [32170/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Local authorities are independent statutory bodies. Within the local government system decisions of policy rest with the elected council. Through their reserved functions elected members play a significant role in overseeing and directing the affairs of local authorities.  Part 6 and Schedule 10 of the Local Government Act 2001, as amended, allow elected members by resolution to agree their own standing orders for the regulation of council meetings and proceedings.  

The Government recognises that breastfeeding is important for the health of both mother and infant. My Department is advised by the Department of Health that national health policy emphasises the importance of supporting mothers who breastfeed as well as taking action to increase breastfeeding rates in Ireland.

The National Maternity Strategy 2016-2026 states that "in addition to practical supports which can be provided to mothers, such as support to continue breastfeeding on return to the workplace, a broader societal change is required in order to promote a more positive culture around breastfeeding. This should support women to feel confident about their choice to breastfeed".  All local authorities should give this important issue due consideration in the regulation of council meetings.

Róisín Shortall (Dublin North West, Social Democrats)
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794. To ask the Minister for Housing, Planning, Community and Local Government his plans to provide for maternity leave and paternity leave for councillors and to make arrangements for co-option in such cases. [32171/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Section 18(4) of the Local Government Act 2001, as amended, provides that councillors may be absent from meetings of a local authority for up to 6 months, either on health grounds or for another reason in good faith, and retain their seats subject to a resolution of the elected members of the Council. This period may be extended to 12 months, upon the passing of a resolution by the elected members of the Council, and to 18 months, again upon the passing of a resolution by the Council.

Councillors receive a representational payment of €16,645 per annum to support them in carrying out their reserved functions. A councillor who is absent for a period of up to 6 months is entitled to continue to receive the full amount of the representational payment for so long as he or she continues to be a member of their local authority. Councillors who are absent for a period exceeding 6 months may continue to receive 50% of the representational payment for the next succeeding 6 months. No further payments are made for uninterrupted absences that exceed 1 year in duration.

Section 19 of the Act provides for the filling of casual vacancies in the membership of local authorities. A casual vacancy occurs when a person ceases to be a member of a local authority and is filled by co–option whereby the former elected member’s political party may nominate a suitable replacement. However, co-option does not apply in circumstances where a councillor is on a long-term absence as he or she continues to hold their seat in absentia.

As it is not possible for two persons concurrently to hold the same seat as public representatives, it would be necessary for an incumbent councillor to resign their seat in order for co-option to be applied.  Under the existing statutory provisions it is possible for a resigning councillor, with the agreement of their political party, to resume their seat at a later date via the same co-option mechanism following the resignation of their co-opted replacement.