Local Authority Staff.

Dáil Éireann Debate, Wednesday - 2 June 2004

Wednesday, 2 June 2004

Questions (246)

Michael Ring

Question:

239 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if an employee of a local authority (details supplied) was co-opted as a member of that local authority, which was in breach of existing regulations made under section 161(1) of the Local Government Act 2001; the details relating to this co-option; the action taken by himself in relation to this case; the sanctions that can now be applied arising from this unlawful co-option; and if he will make a statement on the matter. [16704/04]

Written answers

Minister for the Environment, Heritage and Local Government (Mr. Cullen)

The provisions governing local authority membership and local authority employment are set out in sections 13 and 161 of the Local Government Act 2001. The Local Government Act 2001, section 16, order 2004 provides that certain junior grades of local authority employees may become councillors. This order applies in the case of the 2004 and subsequent local elections. Prior to this, the position regarding local authority employees becoming councillors was provided for under the Local Elections (Petitions and Disqualifications) Act 1974, section 25, order 1974.

My Department has no function in determining the validity of particular co-options. It is an offence to knowingly act as a member of a local authority when disqualified from doing so and action in relation to any such alleged offence may be taken by a local authority or any local government elector.