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Dáil Éireann debate -
Wednesday, 25 Apr 1990

Vol. 397 No. 9

Written Answers. - Contesting of Local Elections by Employees.

Edward Nealon

Question:

340 Mr. Nealon asked the Minister for Education the particular grades of employees of vocational education committees and the other employees under the aegis of her Department which are prohibited by order of the Minister for Education under section 25 (2A) of the Local Elections Act, 1974, from contesting local elections; if she intends amending or varying this order; and if the matter will be considered by the group studying the reform of local government.

While there is no prohibition on employees of vocational education committees contesting local elections there are provisions affecting employment with a local authority while being a member of that or certain other local authorities. A VEC is for this purpose regarded as a local authority.

Section 70 (1) of the Local Government Act, 1925, as applied by section 26 (1) of the Vocational Education Act, 1930, states that a member of a local authority may not be employed by that authority or any other local authority whose functional area is within or adjoining the area of the employing local authority.

Section 25 (1) of the Local Elections (Petitions and Disqualifications) Act, 1974, empowers me to make an order exempting certain offices or employments from the foregoing. One such order has been made, i.e. Local Elections (Petitions and Disqualifications) Act, 1974, (Section 25) No. 3 Order, 1974 S.I. 137 of 1974 dated 15 May 1974.

I have no plans at present to change or vary this order. As the Deputy is aware, a Government subcommittee 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.
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