Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The legislative position in respect of local authority membership is set out in the Local Government Act 2001.

The Act sets out the categories of individuals who are disqualified from being elected or co-opted to, or from being a member of a local authority. Section 161 (1)(a) provides that member of a local authority is not to be employed by a local authority. However, Section 161 (1) (b) allows the Minister to designate such class, description or grade of employments to which this restriction does not apply or to specify conditions under which the restriction does not apply.

S.I. No. 216 of 2004 is made under Section 161(1)(b) and provides that a local authority employee, whose maximum remuneration on the last date for receipt of nominations at a local election does not exceed the maximum remuneration for the post of Clerical Officer, may be elected or co-opted to, or become a member of, a local authority.

In a Circular issued in December 2023, the “maximum remuneration” was expressed to include all elements received either directly or indirectly from the employer in respect of employment, including base salary payments, allowances and call out/incident attendance payments.

Following receipt of a number of queries in respect of the question of income thresholds and how this is determined in accordance with the provisions of the relevant Regulations, my Department undertook a detailed review of the matter and has now issued a new Circular to clarify the correct interpretation of the relevant Regulations.

The new Circular makes it clear that a local authority employee, whose maximum basic salary on the latest date for receipt of nominations at a local election does not exceed the maximum basic salary for the post of Clerical Officer, may become a member of a local authority. The Circular goes on to clarify that maximum basic salary here refers to the highest point on the relevant basic salary pay scale, exclusive of overtime, call out/incident attendance payments and/or any allowances.