Courts Service Act, 1998

Membership of either House of Oireachtas or of European Parliament.

32.—(1) Notwithstanding section 12 , where a member of the Board or of the staff of the Service is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded, pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon—

(i) in the case of a member of the Board — cease to be a member of the Board, and

(ii) in the case of a member of the staff of the Service — stand seconded from his or her employment with the Service and shall not be paid by, or be entitled to receive from, the Service remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be) and ending when he or she ceases to be a member of either such House or such Parliament.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Board.

(3) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in subparagraph (ii) of that subsection, as service with the Service for the purposes of any superannuation benefits.