28.—(1) Where a member of the Council—

(a) is nominated as a member of Seanad Éireann,

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

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Council.

(2) Where a person employed by the Council—

(a) is nominated as a member of Seanad Éireann,

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

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment by the Council and shall not be paid by, or be entitled to receive from, the Council remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is 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 Parliament.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in that House 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 Council, or from being employed by the Council.

(4) The Council shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Council, or a member of the staff of the Council save with the approval in writing of the Minister.