11.—(1) Subject to the following subsections of this section, every person who has reached the age of 21 years F12[on polling day or, if there is no polling day in relation to the constituency concerned by reason of the operation of Rule 23(1)(b), the day which is polling day generally throughout the State in relation to the election concerned] and is either—

(a) a citizen of Ireland, or

(b) a national of a Member State other than the State and ordinarily resident in the State,

shall be eligible for election under this Act to be a representative in the Parliament and for nomination under this Act as a replacement candidate.

(2) A person shall not be eligible under subsection (1) if the person—

(a) is subject to any of the disqualifications applicable to membership of the Dáil referred to in F13[paragraphs (f) to (j)] of section 41 of the Act of 1992, or

(b) holds office as a Judge or as the Comptroller and Auditor General, or

(c) being a citizen of Ireland, is a candidate at the relevant election in a Member State other than the State, or

F14[(d) being a national of a Member State other than the State F15[…], stands deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, of the right to stand as a candidate under the law of that person’s home Member State, or]

F16[(e) is a Minister of the Government, or

(f) is a member of the Government of another Member State, or

(g) is a member of the Commission of the European Communities, or

(h) is a Judge, Advocate-General or Registrar of the Court of Justice of the European Communities or the Court of First Instance attached to that Court, or

(i) is a member of the Board of Directors of the European Central Bank, or

(j) is a member of the Court of Auditors of the European Communities, or

(k) is the Ombudsman of the European Communities, or

(l) is a member of the Economic and Social Committee of the European Community and the European Atomic Energy Community, or

(m) is a member of a committee or other body established pursuant to the Treaties establishing the European Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or performing a permanent direct administrative task, or

(n) is a member of the Board of Directors, Management Committee or the staff of the European Investment Bank, or

(o) is an active official or servant of—

(i) any of the institutions of the European Communities,

(ii) any of the specialised bodies attached to those institutions, or

(iii) the European Central Bank.]

F17[(3) Where a citizen of Ireland proposes to stand as a candidate at an election in the Member State, other than the State F15[…], in which the citizen resides, the Minister (who shall be the competent administrative authority for the State) shall, as soon as practicable and not later than five working days after receipt of notification from a Member State of a declaration made by that citizen referred to in Article 10(1) of the Directive, furnish to the Member State any information available to the Minister indicating whether the citizen stands deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, of the right to stand as a candidate under the law of the State.]

F18[(4) (a) A person who is elected under this Act to be a representative in the Parliament, and who when so elected, holds office as—

(i) the Attorney General,

(ii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or

(iii) a Minister of State,

shall, on such election and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to hold that office.

(b) A person who pursuant to section 19 of this Act is to be regarded as having been elected to be a representative in the Parliament or when he or she commences to be so regarded holds office as—

(i) the Attorney General,

(ii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or

(iii) a Minister of State,

shall on being regarded as having being so elected, on the day on which he or she commences to be so regarded, and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to hold that office.]

F19[(4A) F20[(a) A person who is elected under this Act to be a representative in the Parliament, and who, when so elected, is a member of either House of the Oireachtas, shall on such election and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to be a member of the House of the Oireachtas concerned.]

F20[(b) A person who pursuant to section 19 of this Act is to be regarded as having been elected to be a representative in the Parliament or when he or she commences to be so regarded, and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, shall cease to be a member of the House of the Oireachtas concerned.]

(c) In this subsection “member of either House of the Oireachtas” means a member of the Dáil or Seanad other than—

(i) a Minister of the Government,

(ii) a Minister of State, or

(iii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad.]

F21[(5) If while a person is a member of the European Parliament the person—

(a) becomes subject to any of the disqualifications referred to in paragraph (a) of subsection (2), or

(b) becomes the holder of an office or the occupier of a position, as the case may be, referred to in paragraph (b), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) or (o) of subsection (2) or subsection (4), or,

(c) is elected as a member of the Dáil or is elected or nominated as a F22[member of the Seanad, or]

F23[(d) is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,]

the person shall thereupon cease to be a member of the Parliament.]