No TD has been barred

THERE has been no disqualification of a TD under current legislation with only a limited number of reasons allowed for a member of Leinster House to be kicked out.

The present rules specify a number of scenarios were a deputy must give up their seat or resign, none of which apply to the embattled Tipperary TD Michael Lowry.

Under the Electoral Act of 1992, the disqualification of a person’s memberships from the Dáil applies not only to a member’s actions but also to their possible employment.

They can be removed as TD if they are of “unsound mind”, or if they are undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court.

The legislation also adds that a person can no longer be a TD if they are bankrupt.

The law states that under these conditions a person is unable to run for election.

Several other reasons for being disqualified or being banned from being a TD include if a person is not a citizen of Ireland or has not reached the age of 21.

They are also banned from being in the Dáil if they are a Judge, Advocate General or Registrar of the Court of Justice of the European Communities, or they are a garda or a full-time member of the Defence Forces.

According to the Houses of the Oireachtas, no one has ever been disqualified for being a TD under the current rules in the legislation.

Fianna Fáil said last night that the party though would be raising the issue of Michael Lowry’s continued position as a TD during a debate on the Moriarty Tribunal next week in the Dáil.