Riddle us this – an independent councillor wins an election in two different constituencies, but can only take up their seat in one of them.
How is the seat filled?
South Dublin County Council has found itself in this strange predicament following the dual elections of independent councillor Paddy Holohan in June.
The former Sinn Féin councillor sought and won re-election as an independent, being elected on the first count in Tallaght South with 21.8% of first preferences and ended up getting elected in Tallaght Central with 7.7%.
As a result, Holohan has taken his seat as a councillor from Tallaght South, creating an opening for a seat in Tallaght Central.
Holohan participated in July’s meeting of South Dublin County Council, leaving the Tallaght Central seat empty.
The seat will be filled at September’s meeting of South Dublin County Council, but who fills the seat is now a matter of political debate.
June’s election results saw a coalition of Fine Gael, Fianna Fáil, Labour and various independents band together to reach the 21-seat majority needed to govern.
10 independent councillors were elected to South Dublin County Council in June, with seven of those voting in favour of the ruling group of Fine Gael, Fianna Fáil and Labour in the first meeting following the local elections.
Dermot Richardson from Tallaght South was the only independent councillor to vote against the group, while Holohan and Paul Gogarty both abstained from the vote.
A vacant seat will not make a fundamental difference to the overall functioning of South Dublin County Council with Sinn Féin on five seats, People Before Profit on four, Social Democrats on two, and Independent Ireland and Irish Freedom Party on one apiece.
Should an agreed candidate from Fine Gael, Fianna Fáil, Labour and the seven independents be co-opted into the seat, it would increase the governing majority to 25.
However, Holohan abstaining on a vote on the governing majority in June now creates a headache for South Dublin County Council.
For all intents and purposes, Holohan’s nominee will most likely be in the opposition on South Dublin County Council.
Should Holohan’s candidate be agreed upon, it would increase the opposition ranks on South Dublin County Council from 16 to 17.
In the Dublin City Council race, Independent Ireland got former Olympic boxer Phil Sutcliffe Sr elected after winning one of the two election races he contended.
In his case, Sutcliffe Sr was elected in Ballyfermot-Drimnagh and was not elected in Kimmage-Rathmines, thus avoiding a similar issue arising on Dublin City Council.
Holohan himself gets to pick who sits in the Tallaght Central seat (with Holohan quoted as saying “if I had two bums I would sit in both seats”) but People Before Profit’s contingent on the council said that the process, as it stands, is not following the democratic process and calls the integrity of election results into question.
Councillor Jess Spear, who won a seat in Tallaght Central, said “the people of Tallaght Central deserve the most democratic, fair and transparent approach by councillors in filling this vacancy.”
“There are strong and compelling democratic reasons why there is not an automatic right for an individual elected in more than one ward to simply nominate a replacement and have them rubber-stamped by the council. If this were allowed it could potentially undermine the fairness and transparency of elections and lead to gross manipulation of the electoral process by individuals with a high profile or deep financial resources.”
She said “it is of utmost importance that Councillors are guided by the election results. The election took place just a few short weeks ago. It is the most recent and relevant barometer of the intentions of voters in Tallaght Central.”
The People Before Profit councillors on South Dublin County Council have proposed that Solidarity councillor Kieran Mahon, who happened to finish seventh in the six-seater, should be the person who fills the vacant seat and have called on the other parties on South Dublin County Council to back their motion to nominate Mahon.
Noting he was 138 votes away from being elected properly, Spear argues “he put his name on the ballot paper and openly put his ideas and record before the people. This matters. The people of Tallaght Central are clear on what Kieran stands for and his record.”
Fellow People Before Profit councillor Kay Keane said “we are asking other councillors to join us in nominating Kieran Mahon and to vote for him at the next council meeting on September 9.”
“With councillor Holohan having chosen to represent Tallaght South, the co-option of Kieran will be the best reflection of the election results and the best protection of the democratic process from potential distortions and abuses now and into the future.”
“Where a vacancy exists, continuing to the next highest candidate has both precedent and democratic legitimacy. This approach has been used to fill vacant seats in the past. Endorsing Kieran is the most fair and transparent way to fill the vacancy.”
“If we can convince the majority of councillors to follow through on respecting democratic and fair principles in filling this vacancy and co-opt Kieran, Kieran will continue to raise the issues affecting our communities and use the council as a platform from which to fight fully, unapologetically and clearly on the side of working-class people and all those currently under attack in our community.”
A similar situation arose in Meath in 2019 when future Senator Sharon Keogan, who now sits in the Seanad as an independent, won a seat in two different constituencies and was then asked to pick which constituency she wanted to represent.
Following that, Meath County Council took a vote on who was to replace Keogan in one of the seats and backed an independent candidate who was nominated by Keogan.
The horse trading on South Dublin County Council is likely to continue behind closed doors before the next meeting of the council on September 9.