No. 21/1994:

OIREACHTAS (ALLOWANCES TO MEMBERS) (AMENDMENT) ACT, 1994

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Allowances to chairmen of Oireachtas Committees.

3 Allowance to Leader of the House in Seanad Éireann.

4 Payment of allowances.

5 Increase of allowances corresponding with general increase of remuneration in Civil Service.

6 Amendment of section 4 of Principal Act.

7 Amendment of section 6A of Principal Act.

8 Orders.

9 Repeal.

10 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE OIREACHTAS (ALLOWANCES TO MEMBERS) ACTS, 1938 TO 1992.

[10th July, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"the Act of 1938" means the Ministerial and Parliamentary Offices Act, 1938 ;

"the Act of 1977" means the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1977 ;

"the Act of 1992" means the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 ;

"the Minister" means the Minister for Finance;

"the Principal Act" means the Oireachtas (Allowances to Members) Act, 1938 .

(2) In this Act—

( a ) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended,

( b ) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

( c ) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

2.—(1) The Government may, by order—

( a ) provide for the payment, out of moneys provided by the Oireachtas, to every member of the Oireachtas who is the holder of the position of chairman of an Oireachtas Committee specified in the order of an annual allowance in respect of the member's duties as holder of such position;

( b ) determine the rate of the allowance aforesaid and different rates may be so determined in respect of different Committees.

(2) Subject to section 4 ( b ), an order under this section may, if so expressed, have retrospective effect.

(3) In this section "Oireachtas Committee" means a committee appointed by order of either or both of the Houses of the Oireachtas and the British-Irish Inter-Parliamentary Body.

3.—(1) The Government may, by order—

(a) provide for the payment, out of moneys provided by the Oireachtas, to the member of Seanad Éireann who is the holder of the position of Leader of the House of an annual allowance in respect of the member's duties as holder of such position;

(b) determine the rate of the allowance aforesaid.

(2) Subject to section 4 ( b ), an order under this section may, if so expressed, have retrospective effect.

(3) In this section "Leader of the House" has the meaning it has in the Standing Orders of Seanad Éireann.

4.—An allowance under section 2 or 3 shall—

( a ) be payable in addition to the annual sum by way of salary payable to the member of the Oireachtas concerned under section 2 (as amended by section 2 of the Act of 1992) of the Principal Act,

( b ) not be payable in respect of any period before the 12th day of January, 1993, and

( c ) not be payable to a member of the Oireachtas who is the holder of an office referred to in Part II (as amended by Part III of the Act of 1977) of the Act of 1938.

5.—(1) Whenever, on or after the passing of this Act, there is a general increase of remuneration in the Civil Service with effect from a particular day, pursuant to agreements or arrangements having effect on a general basis in the Civil Service (whether or not they also apply in relation to persons employed other than in the Civil Service) the allowances payable under section 2 and 3 shall be increased correspondingly with effect from that day and, accordingly, an order under section 2 or, as may be appropriate, 3 shall not apply in relation to any such increases.

(2) In this section "Civil Service" has the meaning assigned to it by the Civil Service Commissioners Act, 1956 .

6.—(1) Section 4 of the Principal Act is hereby amended in subsection (1) by the substitution for paragraph (b) of the following:

"( b ) in the case of a member of Dáil Éireann who resides in his constitutency—

(i) travelling facilities between Dublin and any place in his constituency,

(ii) travelling facilities between Dublin and his normal place of residence for the time being;".

(2) This section shall be deemed to have come into operation on the 12th day of January, 1993.

7.—Section 6A (inserted by section 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 ) of the Principal Act is hereby amended in subsection (2) by the insertion after "Act" of "and sections 2 and 3 of the Oireachtas (Allowances to Members) (Amendment) Act, 1994,".

8.—(1) Every order made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(2) The power to make an order under any provision of this Act includes power to amend or revoke the order.

9.—Section 4 (1) ( c ) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1964 , is hereby repealed.

10.—(1) This Act may be cited as the Oireachtas (Allowances to Members) (Amendment) Act, 1994 .

(2) The Oireachtas (Allowances to Members) Acts, 1938 to 1992, and this Act may be cited together as the Oireachtas (Allowances to Members) Acts, 1938 to 1994.

ACTS REFERRED TO