Darren O'Rourke (Meath East, Sinn Fein)
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400. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 99 of 22 November 2023, if he is aware that a number of local authorities employ a different interpretation of this Statutory Instrument and circular; that a number of sitting county councillors may breach these terms already and that this will certainly be the case when the new pay deal for retained firefighters is introduced; if he recognises that fire 'calls' vary significantly from year to year, are not pensionable, and are not reckonable in many income assessments; if he has plans to update SI 216/2004 in the near future to reflect this, to ensure retained firefighters are assessed on guaranteed income, and to ensure there is fair and standard application of this policy across the country; and if he will make a statement on the matter. [53044/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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As outlined in response to PQ 99 on 22nd November 2023, Circular LG(P) 06/09 "Local Government Act 2001 (Section 161) Order 2004" is based on S.I. No. 216 of 2004 and also reflects the provisions of Circular 09/2009 "Civil Servants and Political Activity".

The order provides that a local authority employee, whose maximum salary on the latest date for receipt of nominations at a local election does not exceed the maximum salary for the post of Clerical Officer, may become a member of a local authority. While Circular LG(P) 06/09 refers to ‘salary’, the associated statutory instrument (S.I. No. 216 of 2004) refers only to ‘remuneration’. The latter is considered to include all earnings.

Any calculation to determine full remuneration received by a local authority employee must include all elements received either directly or indirectly from the employer in respect of employment. That would include base salary payments, allowances and call out/incident attendance payments in determining eligibility under the relevant statutory instrument.

Accordingly, reflecting the different constituent parts of the annual earnings of retained firefighters, in such instances where a retained firefighter wishes to pursue nomination for local elections, the total earnings for the previous year will be used to determine eligibility under the provisions of LG(P) 06/09 to ensure a transparent and equitable approach for retained firefighters vis á vis other local authority employees.

Given that this issue has been raised a number of times recently, my Department will ensure that this response is circulated to all local authorities for their information to ensure consistent treatment across the board.