Mental Health Act 20266

Membership of either House of Oireachtas or European Parliament

120. (1) Where a member of the staff of the Commission 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, or

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

he or she shall, thereupon, stand seconded from employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission any remuneration or allowances for expenses 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 such person ceases to be a member of either such House or a member of such Parliament.

(2) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting, among other things, the reckoning of a period therein mentioned as service with the Commission for the purpose of any pensions, gratuities or other allowances payable on resignation, retirement or death.

(3) A person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament, while he or she is so entitled or is such a member, shall be disqualified for employment in any capacity by the Commission.