Joanna Tuffy (Dublin Mid West, Labour)
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Question 147: To ask the Minister for the Environment, Heritage and Local Government if, for the purposes of section 161 of the Local Government Act 2001, a person holds two employments with two different local authorities, neither of which separately exceeds the salary of a clerical officer, that person can run for the local government elections; and if he will make a statement on the matter. [9237/09]

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 remuneration, on the last date for receipt of nominations at a local election, does not exceed the maximum remuneration for the grade of Clerical Officer. While the application of the legislation is being examined by my Department, its interpretation either generally or in specific circumstances is a matter for the Courts.