Irrespective of its constitutionality, the Local Government Bill has effectively ended the dual mandate, writes Michael O'Regan
The Mayo Fine Gael TD, Mr Michael Ring, remains resolute in his intention to challenge the constitutionality of the Bill ending the dual mandate if, as expected, the President, Mrs McAleese, signs it into law today.
However, the political reality is that the practice whereby deputies and senators can also be members of local authorities is coming to an end.
The Labour Party has already held selection conventions to replace about two-thirds of its parliamentary party on local councils.
Fianna Fáil has also held a number of conventions, and more are planned over the next few weeks.
The Labour leader, Mr Pat Rabbitte, led the way for his party when his council seat was handed over to a local party activist, Mr Denis Mackin.
A Labour spokesman said it was hoped that most of the selection conventions would be completed by this summer so that replacement councillors would have adequate time to build a base before the local elections in the summer of next year. "The dual mandate is over," the spokesman added.
The Limerick West Fine Gael senator and former TD, Mr Michael Finucane, agrees on a personal basis. While respecting the right of his party colleague, Mr Ring, to challenge the Local Government Bill's constitutionality, he said: "I have made it clear that, regardless of the Bill's constitutionality, I will be standing down as a member of Limerick County Council.
"Personally, I support the end of the dual mandate. There was the practice of holding meetings on certain days to facilitate Oireachtas members who were in Dublin. I do not think this was good for local democracy. Also, I think there was a feeling among some people that there was an element of double-jobbing about it all."
Mr Finucane is the party's director of elections for the local polls in Munster. Selection conventions have already been held in areas where there is no Oireachtas member in a local authority.
If the Bill is found constitutional, conventions to replace Oireachtas members on councils are likely to be held before the autumn as the party gears itself up for the local elections which, members hope, will play a huge part in its planned revival.
Although some Fine Gael deputies and senators are adamant that they will retain their council seats until next summer's elections, they are likely to bow to pressure from party headquarters and the Fine Gael national executive to stand down and allow their replacements time to consolidate their positions before the next poll.
Deputies and senators are keeping a keen eye on the selection conventions, aware that their replacements on councils could in time prove to be a threat to their Oireachtas seat.
In some cases, a family member has sought the nomination, although not always successfully.
The Labour TD for Dublin Central, Mr Joe Costello, is being replaced on Dublin City Council by his wife, Ms Emer Malone. In Kerry North, Ms Anne McEllistrim, the sister of the local Fianna Fáil TD, Mr Tom McEllistrim, hopes to take his County Council seat.
However, in Laois-Offaly, the brother of the Fianna Fáil TD, Mr John Moloney, failed to get through the selection convention. Mr Moloney, a TD since 1997, was elected to Laois County Council in 1981, and his brother, Mr Michael Moloney, seemed a strong bet to replace him.
Following a close contest, Mr Paddy Bracken, a Mountmellick town councillor, won the nomination. This ended three generations of Moloney representation on Laois County Council.
Mr John Moloney's late grandfather, John Moloney, served on the council from 1929 until his death in 1947, while his father, Micheál Moloney, was a councillor from 1951 until 1981.
