Kevin Humphreys (Dublin South East, Labour)
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Question 245: To ask the Minister for the Environment, Community and Local Government if he will clarify if the Deputy elected as Ceann Comhairle by Dáil Éireann must be re-elected in the constituency from which he or she was originally elected, or if he or she can move constituency; if he will elaborate on the rules that apply in the event of his or her constituency being abolished in the context of redrawn constituency boundaries; and if he will make a statement on the matter. [38799/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 36 of the Electoral Act 1992 sets out the provisions regarding the re-election of the outgoing Ceann Comhairle.

Under the provisions of section 36, where the Dáil is dissolved and the Ceann Comhairle has not announced before the dissolution that he does not desire to become a member of the Dáil, he shall be deemed to be elected for the Dáil constituency for which he was a member immediately before the dissolution.

Where a revision of constituencies takes effect on the dissolution of the Dáil and there is a new constituency which consists of or includes the constituency for which he was a member, then he shall be deemed to be elected as a member of the Dáil for that constituency.

Where a revision of constituencies takes effect on the dissolution of the Dáil and the constituency for which the Ceann Comhairle was a member is divided between a number of new constituencies then he must make a declaration specifying a constituency for the purposes of his re-election. The constituency in respect of which he declares must include part of the constituency for which he was a member before the dissolution of the Dáil. Such a declaration must be made as soon as may be after the enactment of the legislation providing for the revision of constituencies or where a person becomes Ceann Comhairle after such legislation is enacted, the declaration should be made as soon as may be after the person becomes Ceann Comhairle.