Jan O'Sullivan (Limerick East, Labour)
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Question 239: To ask the Minister for the Environment, Heritage and Local Government if a sitting town councillor who is a craft worker for a local authority and whose work category has not changed since they stood in the last local elections is entitled to run for that town council in the forthcoming elections; and if he will make a statement on the matter. [5099/09]

John Gormley (Dublin South East, Green Party)
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The provisions governing local authority membership and local authority employment are set out in sections 13 and 161 of the Local Government Act 2001. Under section 13 of the Act, a person employed by a local authority who is not the holder of an employment designated by order under section 161 is disqualified from being elected or co-opted to, or from becoming a member of, a local authority.

The employments designated under section 161 of the Act are those employments whose maximum salary, on the last date for receipt of nominations at a local election, does not exceed the maximum salary of a Clerical Officer in the local authority service. Therefore, employees whose maximum salary is above that of a Clerical Officer may not stand at a local election.