No. 24/1938:

PRESIDENTIAL ESTABLISHMENT ACT, 1938

ARRANGEMENT OF SECTIONS

1 Emoluments and allowances receivable by the President.

2 Provision of an official residence and establishment for the President.

3 Grant of pensions to ex-Presidents.

4 Grant of pensions to widows of ex-Presidents.

5 General provisions in respect of pensions granted under this Act.

6 The secretary to the President.

7 The staff in the office of the secretary to the President.

8 Application of the Civil Service Regulation Acts, 1924 and 1926.

9 Short title.

AN ACT TO PROVIDE THE EMOLUMENTS AND ALLOWANCES TO BE RECEIVED BY THE PRESIDENT UNDER ARTICLE 12 OF THE CONSTITUTION, TO MAKE PROVISION FOR THE GRANTING OF PENSIONS TO PERSONS WHO HAVE HELD THE OFFICE OF PRESIDENT AND TO WIDOWS OF SUCH PERSONS, TO CREATE, AS FROM THE COMING INTO OPERATION OF THE CONSTITUTION, THE POST OF SECRETARY TO THE PRESIDENT, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE ESTABLISHMENT OF THE PRESIDENT AND THE OFFICE OF THE SECRETARY TO THE PRESIDENT.

[28th July, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) The emoluments and allowances to be received by the President in pursuance of section 11 of Article 12 of the Constitution shall be at the rate of ten thousand pounds per annum, whereof five thousand pounds shall be the personal remuneration of the President.

(2) The emoluments and allowances mentioned in the foregoing sub-section of this section shall be charged upon and payable out of the Central Fund or the growing produce thereof and shall be paid by equal quarterly instalments or by such other periodical payments as the Minister for Finance shall, with the consent of the President, from time to time determine.

2.—In addition to the emoluments and allowances to be received by the President in pursuance of section 11 of Article 12 of the Constitution, it shall be lawful for the Minister for Finance, out of moneys provided by the Oireachtas, to provide and maintain for the President an official residence, to defray the expenses of the office establishment of the secretary to the President, and to provide for the President such facilities and services, and such other things, as the said Minister shall from time to time determine to be necessary or proper.

3.—(1) A pension at the rate of twelve hundred pounds per annum shall be granted by the Government to every person who, having held the office of President, ceases to hold that office for any reason other than death or removal from office under section 10 of Article 12 of the Constitution.

(2) A person to whom a pension has been granted under this section shall not be granted another pension under this section on account of any subsequent serve in the office of President.

(3) Every pension granted to a person under this section shall be charged upon and payable out of the Central Fund or the growing produce thereof to the said person during his life from the date of the cesser of office on account of which such pension is granted.

4.—(1) Subject to the provisions of this section, a pension at the rate of five hundred pounds per annum shall be granted by the Government to the widow of any person who—

( a ) died while holding the office of President, or

( b ) died while in receipt of a pension granted under the next preceding section of this Act, or

( c ) was, immediately before his death, entitled to be granted but was not actually granted a pension under the said next preceding section.

(2) No pension shall be granted under this section to a person who has re-married after the death of the husband in respect of whose death such pension could (but for this sub-section) be granted.

(3) Every pension granted to a person under this section shall be charged upon and payable out of the Central Fund or the growing produce thereof to the said person from the date of death of her husband, until, in case she re-marries, such re-marriage or, in case she does not re-marry, her death.

5.—(1) Every pension granted under this Act shall be deemed to accrue from day to day, but shall be paid to the person to whom it is granted or such person's personal representative in arrear by equal quarterly instalments or by such other periodical instalments as the Minister for Finance shall from time to time determine.

(2) Where a person to whom a pension has been granted under this Act becomes a member of the Oireachtas, the amount of such pension shall, notwithstanding anything to the contrary contained in any other Act, be reduced, so long as such person continues to be a member of the Oireachtas, by the amount of any allowance to which such person may be entitled under statutory authority by virtue of such membership.

(3) Where a person to whom a pension has been granted under this Act is in receipt of any remuneration, pension, emolument, or allowance payable out of public funds or the funds of a local authority, the following provisions shall have effect, that is to say:—

( a ) whenever and so long as the total amount payable to such person out of the said funds is equal to or exceeds the pension granted to such person under this Act, that pension shall not be payable;

( b ) whenever and so long as the total amount aforesaid is less than the said pension granted under this Act, so much only of the said pension shall be payable as will, together with the said total amount, be equal to the full amount of the said pension.

(4) It shall be lawful for the Government to declare by order that any particular fund or money shall be deemed to be a public fund for the purposes of the next preceding sub-section of this section, and whenever any such declaration is so made the expression "public funds" shall, in the said next preceding sub-section, be construed and have effect as including the fund or money to which such declaration relates.

6.—(1) There is hereby created, as from the coming into operation of the Constitution, the post of secretary to the President which shall be a permanent post in the civil service of the State and shall have attached to it such duties and functions in relation to the President and to the Commissions respectively constituted by Articles 57 and 14 of the Constitution as the Government shall from time to time direct.

(2) No such direction as is mentioned in the foregoing sub-section of this section shall be given by the Government while there is an elected President in office without consultation with such President.

(3) Every appointment of a person to the post of secretary to the President shall be made by the Government, but no such appointment shall be made while there is an elected President in office without consultation with such President.

(4) Every secretary to the President shall hold his office on such terms and conditions and shall receive, out of moneys provided by the Oireachtas, such remuneration as the Minister for Finance shall from time to time direct.

(5) The duties of the secretary to the President shall include the duty of acting as clerk to the Council of State.

(6) Every appointment of a person to the office of secretary to the President which was made by the Government before the passing of this Act shall be deemed to have been made under this section and shall have, and be deemed always to have had, effect accordingly, and sub-sections (4) and (5) of this section shall apply and have effect and be deemed always to have had effect in relation to every person so appointed.

7.—(1) There shall be attached to the office of the secretary to the President such and so many officers and persons as the Taoiseach shall from time to time, with the consent of the Minister for Finance, consider to be necessary.

(2) Every officer and person attached to the office of the secretary to the President shall be appointed by the Taoiseach with the concurrence of the Minister for Finance.

(3) Every officer and person attached to the office of the secretary to the President shall hold his post in that office on such terms and conditions and receive, out of moneys provided by the Oireachtas, such remuneration as the Minister for Finance shall from time to time direct.

(4) This section shall have, and be deemed always to have had, effect as from the coming into operation of the Constitution.

8.—The Civil Service Regulation Acts, 1924 and 1926, and every Act extending or amending those Acts shall apply and be deemed always to have applied to every situation to which any person was or is appointed under this Act (whether before or after the passing of this Act) other than any such situation which is for the time being comprised in the Schedule to the Civil Service Regulation Act, 1924 (No. 5. of 1924), as adapted in consequence of the enactment of the Constitution.

9.—This Act may be cited as the Presidential Establishment Act, 1938 .