While there is no prohibition on officers or employees of local authorities contesting local elections there are provisions affecting employment with a local authority while being a member of that or certain other local authorities. Section 21 (1) of the Local Government Act, 1955, provides that no person shall hold any office of profit under or be employed for remuneration by or under any local authority while he is a member of that authority. Section 21 (2) of the Local Government Act, 1955, provides for a prohibition in relation to a major office where the person concerned is a member of any local authority whose functional area is a within or is adjoining the area of the employing local authority. Section 25 (1) of the Local Elections (Petitions and Disqualifications) Act, 1974, empowers me to designate by order an office or employment of a class, description or grade to which the foregoing section 21 (1) of the Local Government Act, 1955, shall not apply. Two such orders have been made as follows: (i) Local Elections (Petitions and Disqualifications) Act, 1974 (Section 25) Order, 1974. S. I. No. 135 of 1974 dated 15 May 1974; (ii) Local Elections (Petitions and Disqualifications) Act, 1974 (Section 25) (Amendment) Order, 1976. S. I. No. 16 of 1976 dated 29 January 1976.
I have no plans at present to change or vary the orders. As the Deputy is aware a Government sub-committee has been appointed to consider the whole question of local government reorganisation and it will be a matter for this committee to decide on the relevance of the matter raised in the final part of the Deputy's question.
