Brian Lenihan Jnr (Dublin West, Fianna Fail)

Subsection (5) deals with the Members of the Houses of the Oireachtas or the European Parliament and holders of qualifying office. A person is not deemed a new entrant once the person was a Member of either House or the European Parliament or the holder of a qualifying office before 1 April 2004. Even if they lose their seat or are appointed a Minister subsequently, they are not captured by the general provision of the Bill, which is reflected in subsection (6) and does not affect the specific terms of subsection (5).