Commentary on Sections Section 4: Tds to Be Disqualified for Membership of the Assembly
29.Section 4(1) of the Act inserts new section 1(1)(db) into NIADA 1975, adding membership of the Dáil Éireann (the lower house of the Irish Parliament) to the list of offices, memberships and employments which disqualify a person for membership of the Assembly. The effect is that Teachtaí Dála (TDs, members of the lower house of the Irish Parliament) are disqualified for membership of the Assembly, subject to the exception created in section 4(2).
30.Section 4(2) provides a similar 8 day grace period following a person’s election to the Assembly for TDs as section 3(2) does for MPs. As the chances of an Assembly election and a Dáil election being held on the same day are very remote, and given that the elections would not in any event be held as a combined election, no provision is included which would address the coincidence of an Assembly and Dáil election taking place concurrently.