Leo Varadkar (Dublin West, Fine Gael)
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Question 1072: To ask the Minister for the Environment, Heritage and Local Government if a person is elected in the European Parliament elections and to Dáil Éireann in a by-election on the same day, which seat will they hold; and if he will make a statement on the matter. [1301/09]

Leo Varadkar (Dublin West, Fine Gael)
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Question 1073: To ask the Minister for the Environment, Heritage and Local Government if a person may contest the European Parliament elections and a Dáil Éireann by-election when these elections are held concurrently; and if he will make a statement on the matter. [1302/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 1072 and 1073 together.

Section 11(4A)(a) of the European Parliament Elections Act 1997, as inserted by section 2(c) of the European Parliament Elections (Amendment) Act 2004, states that where a person who is elected to be a member of the Parliament is a member of either House of the Oireachtas the person shall on such election cease to be a member of the House. Section 11(5) of the 1997 Act, as inserted by section 2(d) of the 2004 Act, states that, if while a person is a member of the Parliament the person is elected as a member of the Dáil, the person shall thereupon cease to be a member of the Parliament. Part IX of the Electoral Act 1992 sets out the law relating to disqualification for membership of the Dáil.