Institutional Burials Act 2022

Membership of either House of Oireachtas, European Parliament or local authority

20. (1) Subsection (2) shall have effect where a Director, a member of staff of a Director, a member of an Advisory Board, a person with whom a contract or an arrangement has been entered into under section 19 or a consultant or adviser appointed under that section is—

(a) nominated as a member of Seanad Éireann,

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

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament,

(d) is elected or co-opted as a member of a local authority.

(2) Where this subsection has effect in accordance with subsection (1)

(a) in the case of a Director, member of staff (other than a member referred to in paragraph (c)), a member of an Advisory Board or a consultant or adviser appointed under section 19 , the person concerned shall cease to be Director, a member of staff, a member of an Advisory Board or a person so appointed, as the case may be,

(b) in the case of a person with whom a contract or an arrangement has been entered into under section 19 , the contract or arrangement concerned shall terminate, and

(c) in the case of a member of staff referred to in section 12 (4), the person concerned shall cease to be seconded to be a member of staff of the Director,

and the person referred to in paragraph (a), (b) or (c), as the case may be, shall not be paid by, or entitled to receive any remuneration or allowances in respect of the period commencing on the nomination, election or co-option, or when he or she is regarded as having been elected, as the case may be.

(3) A person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein, is a member of the European Parliament or is entitled under the standing orders of a local authority to sit as a member thereof, shall—

(a) be disqualified to act as a Director,

(b) not be appointed as, or seconded to be, a member of staff of a Director under section 12 ,

(c) not be appointed as a member of an Advisory Board, and

(d) be ineligible for appointment as a consultant or adviser under section 19 (1)(b).

(4) A Director shall not enter into a contract or arrangement under section 19 (1)(a) with a person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein, is a member of the European Parliament or is entitled under the standing orders of a local authority to sit as a member thereof.

(5) In this section, “Act of 1997” means the European Parliament Elections Act 1997 .