The solicitor who represented a Kerry County Councillor and retained fire fighter in the Circuit Court, in relation to eligibility to run for election, says the Local Government Act standing orders need to be looked at.
Independent councillor Martin Grady and Sinn Féin candidate Damian Quigg are both retained fire fighters.
They’d been deemed ineligible to contest the local election due to their jobs, before an updated circular paved the way for them to contest the election.
The Department of Housing, Local Government and Heritage issued a circular last December which stated that local authority employees, who earn more than the maximum salary paid to a clerical officer, may not contest elections.
The circular stated that where a retained firefighter wishes to pursue nomination for local elections their total earnings for the previous year will be used to determine eligibility under the provisions.
However, a new circular was issued on Wednesday which now says that only a firefighter’s basic salary will be used to define their eligibility under the Local Government Act 2001.
This paves the way for Cllr Grady and Mr Quigg to contest June’s local elections.
Cllr Martin Grady has outlined his intention to contest the issue in court, before the latest circular was issued, and the case came before the court yesterday and was dismissed.
His solicitor Dan O’Connor says there are now new questions arising out of the circulars issued in recent months.
He says one anomaly is that SIPO’s code of conduct prevents someone above the threshold from being involved with elections at any level, but according to the law, nobody is excluded from running for office.
Mr O’Connor says clarity is needed around the Local Government Act:
