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Who can be a TD? Why Gerry Hutch can run for election

Gerry ‘the Monk’ Hutch is perfectly entitled to stand for the Dáil as he is not currently se...
Aoife Daly
Aoife Daly

22.09 23 Oct 2024


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Who can be a TD? Why Gerry Hut...

Who can be a TD? Why Gerry Hutch can run for election

Aoife Daly
Aoife Daly

22.09 23 Oct 2024


Share this article


Hutch is understood to be considering running as an Independent candidate in the upcoming election and hopes to take votes away from Sinn Féin, according to a report in the Irish Independent.

The 61-year-old, who was last year acquitted of the murder of David Byrne in the Regency hotel attack, has reportedly discussed the idea with friends, family and 'influential figures in the community.

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However, in the 1970s and 80s, Hutch was convicted of a number of crimes and spent time in jail.

On Moncrieff today, law lecturer Dr Jennifer Kavanagh said Hutch was perfectly entitled to run for public office.

“When it comes to people who've had brushes with the criminal justice system, it's only if you're currently in prison for more than six months [that you’re not allowed run]”, she said.

“You're not allowed to run for the Dáil if you're not a citizen of Ireland, you're not over the age of 21, or you're in a particular job like a judge - or even the president, where you are barred by the Constitution from running.

“The other people who will be barred would be members of the Garda Síochána, whole-time members of the Defence Forces [and] certain civil servants - because they're to do government policy, not get a lot involved in elections.”

European law

Allowing individuals with criminal convictions to run for public office is ‘fairly standard’ in Europe, according to Dr Kavanagh.

“So, if you're running as an independent, you have two pathways,” Dr Kavanagh said.

“The first one is to pay your €500 deposit, and if you manage to get more than one quarter of the quota, you can then get that money back.

“However, if you don't want to go down the financial route, you can get 30 people to assent - as in, fill out a statutory declaration in a Garda station - and that can get your name on the ballot paper.”

Tánaiste Micheál Martin has said he “doubts” Hutch will stand as a candidate.

Listen back here:

Main image: Gerry Hutch being followed by media and reporters after being freed following his court case at the Criminal Courts in 2023. Image: Supplied.


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