Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 344: To ask the Minister for the Environment, Community and Local Government the grade at which a public servant is precluded from taking up an elected position at local authority level; the grades ineligible for holding local authority elected positions; and if he will make a statement on the matter. [12203/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 13 of the Local Government Act, 2001 provides that certain classes of persons are disqualified from being a member of a local authority. Section 13(h) provides that a civil servant who is not by terms of employment expressly permitted to be a member of a local authority is disqualified. In this regard, I understand that civil servants in the clerical grades and non-industrial grades with salary maxima equal to or below the maximum for clerical officer may stand as candidates at local election, subject to permission to do so being given by their Department.

Section 13(i) of the Act provides that a person employed by a local authority who is not the holder of a class, description, or grade of employment designated by order under section 161(1)(b) is disqualified from being a member of a local authority. Every class, description or grade of employment the maximum remuneration for which does not exceed the maximum remuneration for the grade of Clerical Officer is designated as employment for the purpose of section 161(1) of the Act. Section 13(g) of the 2001 Act disqualifies Gardaí and full time members of the defence forces from being a member of a local authority.