Circular 09/2009 – Civil Servants and Political Activity - Human ...

Civil Servants and Membership of the Dáil, Seanad and European Parliament6. Section 41(h) of the Electoral Act 1992 disqualifies from membership of theDáil a civil servant “who is not by the terms of his employment expressly permitted tobe a member of the Dáil”. Article 18.2 of the Constitution of Ireland states “A personto be eligible for membership of Seanad Éireann must be eligible to become amember of Dáil Éireann”. In relation to the European Parliament, Section 41 of theElectoral Act 1992, as amended by Section 11(2) of the European ParliamentElections Act 1997, disqualifies from membership of the European Parliament anyperson who is subject to any of the disqualifications applicable to membership of theDáil referred to in paragraphs (f) to (k) of Section 41 of the Electoral Act 1992.7. Arising from these legislative provisions the following rules apply to civilservants wishing to stand for election to either House of the Oireachtas or theEuropean Parliament:a. Civil servants are debarred from standing for election to either Houseof the Oireachtas unless expressly permitted to do so by the terms oftheir employment;b. Civil servants are debarred from standing for election to the EuropeanParliament unless expressly permitted to do so by the terms of theiremployment.8. Any civil servant seeking a seat in either House of the Oireachtas or theEuropean Parliament shall, when her/his intention to become a candidate is formed,immediately notify the Head of her/his Department 1 . Unless alternative arrangementsare expressly stated in the terms of her/his employment, s/he shall resign her/his officewhen s/he is officially declared a candidate for election or accepts nomination, or inany other manner announces her/himself, or causes her/himself to be announced, as acandidate for election.Participation by Civil Servants in Local Elections9. The following provisions apply to civil servants regarding local elections:a. Civil servants in the craft, state industrial and manual grades andgrades below clerical grades may stand for election to local authorities;b. Civil servants in the clerical grades and non-industrial grades withsalary maxima equal to or below the Clerical Officer maximum maystand as candidates at local election, subject to permission to do sobeing given by their Department. Departments must give such civilservants who are refused permission to take part in political activities,a statement of the reason for the decision;1 For “Department” read “Department or Office” throughout this circular