Ciarán Lynch (Cork South Central, Labour)
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Question 179: To ask the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 250 of 25 September 2008, if a person who would be ineligible on grounds of maximum remuneration may stand for election with the intention of resigning or taking leave of absence from their employment if successful; and if he will make a statement on the matter. [16028/09]

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. Under Section 2(4) of the Act, this disqualification also applies to nomination for election or co-option to a local authority. The employments designated under section 161 are specified in the Local Government Act 2001 (Section 161) Order 2004.