Andrew Doyle (Wicklow, Fine Gael)
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192. To ask the Minister for Environment, Community and Local Government if a person who was elected to a local authority as a member of a registered political party, who subsequently resigns from the said party and later goes on to resign from the local authority; if that vacancy should be filled by either co-option by the party under whose banner they were elected under, or through a nomination of the member who has resigned; and if he will make a statement on the matter. [35677/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 19(3) of the Local Government Act 2001 prescribes that a casual vacancy on a local authority is to be filled by the co-option of a person to fill the vacancy, subject to such person being nominated by the same registered political party who nominated for election or co-option the member who caused the casual vacancy, or where the person causing the casual vacancy was a non-party candidate at his or her election to the local authority, the vacancy is to be filled by the co-option by the local authority of a person to fill the vacancy in accordance with such requirements and procedures as may be set out in its standing orders, except in circumstances where paragraphs (c) or (d) or (e) of section 19 (1) of the Act apply.

Paragraph (c) of section 19(1) of the Act relates to Article 25 (procedures after nomination), Article 28 (death of a candidate) and Article 124 (person elected for more than one local electoral area) of the Local Elections Regulations 1995, paragraph (d) relates to circumstances prescribed in regulations made under section 27 of the Local Government Act 2001, under which regulations have not been made; and paragraph (e) relates to section 15 (1) of the Local Elections (Petitions and Disqualifications) Act 1974 , dealing with an order of the court relating to a petition declaring that a person was not duly elected as a member of a local authority or was not qualified for membership of a local authority or that the whole or part of a local election was void.

Andrew Doyle (Wicklow, Fine Gael)
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193. To ask the Minister for Environment, Community and Local Government further to Parliamentary Question No. 182 of 26 June 2013, if a person is permitted under current electoral law to run for a position on a County or City Council in two or more local electoral areas of the same local authority during the 2014 Local Elections; if a person who is elected to the same local authority for two or more local electoral areas, the way a vacancy should be filled for the area they choose not to represent [35678/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The position regarding standing for election in more than one electoral area of the same local authority is set out in the reply to Question Number 182 of 26 June 2013. Article 124 (2) of the Local Elections Regulations 1995 provides that where a person, who has been elected as a member of the same local authority for two or more electoral areas, chooses, or is deemed to have chosen, to represent a particular local electoral area, the person shall be deemed not to have been elected for any other local electoral area of the said local authority. The consequential vacancy or vacancies in the members hip of the local authority are to be regarded as casual vacancies occurring on the day on which the newly-elected members come into office, and are to be filled in accordance with the provisions of section 19 of the Local Government Act 2001.