No. 22/1973:

OIREACHTAS (ALLOWANCES TO MEMBERS) AND MINISTERIAL AND PARLIAMENTARY OFFICES (AMENDMENT) ACT, 1973

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1 Short title.

2 Interpretation.

PART II AMENDMENT OF OIREACHTAS (ALLOWANCES TO MEMBERS) ACTS, 1938 TO 1968

3 Interpretation and collective citation (Part II).

4 Amendment of section 3 of Principal Act.

5 Increase of allowances to be paid under Principal Act.

PART III AMENDMENT OF MINISTERIAL AND PARLIAMENTARY OFFICES ACTS, 1938 TO 1972

6 Interpretation and collective citation (Part III).

7 Amendment of section 3 of Principal Act.

8 Amendment of section 4 of Principal Act.

9 Amendment of section 5 of Principal Act.

10 Amendment of section 6 of Principal Act.

11 Increase of annual sums payable pursuant to Principal Act.

12 Amendment of Section 9 of Principal Act.

13 Payment of annual allowance to Government Party Leader or Leaders.

14 Amendment of section 10 of Principal Act.

15 Amendment of section 13 of Principal Act.

16 Amendment of section 15 of Principal Act.

17 Application of Part IV of Principal Act.

18 Repeal.

AN ACT TO AMEND THE OIREACHTAS (ALLOWANCES TO MEMBERS) ACTS, 1938 TO 1968, AND THE MINISTERIAL AND PARLIAMENTARY OFFICES ACTS, 1938 TO 1972.

[8th August, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I PRELIMINARY

1.—This Act may be cited as the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 .

2.—In this Act "the Act of 1968" means the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1968 ,

PART II AMENDMENT OF OIREACHTAS (ALLOWANCES TO MEMBERS) ACTS, 1938 TO 1968

3.—(1) In this Part of this Act "the Principal Act" means the Oireachtas (Allowances to Members) Act, 1938 .

(2) The Oireachtas (Allowances to Members) Acts, 1938, to 1968, and this Part of this Act may be cited together as the Oireachtas (Allowances to Members) Acts, 1938 to 1973.

4.—(1) The following subsections are hereby substituted for subsections (1), (2) and (3) of section 3 of the Principal Act, as amended by section 4 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , and section 3 of the Act of 1968:

"(1) The allowance to be paid to each member of Dáil Éireann under this Act shall be an allowance at the rate of £3,416 per annum payable monthly.

(2) The allowance to be paid to each member of Seanad Éireann under this Act shall be an allowance at the rate of £2,023 per annum payable monthly.".

(2) This section shall be deemed to have come into operation on the 1st day of July, 1973.

5.—The following section is hereby inserted in the Principal Act after section 3:

"3A. (1) The Government may, whenever they so think fit, by order increase either or both of the following, namely, the allowance to each member of Dáil Éireann and the allowance to each member of Seanad Éireann, payable under section 3 of this Act.

(2) An order under this section may, if so expressed, have retrospective effect.

(3) Where an order is proposed to be made under this section, a draft thereof shall be laid before Dáil Éireann and, if a resolution disapproving of the draft is passed by Dáil Éireann within the next subsequent twenty-one days on which it has sat after the draft is did before it, the order shall not be made.".

PART III AMENDMENT OF MINISTERIAL AND PARLIAMENTARY OFFICES ACTS, 1938 TO 1972

6.—(1) In this Part of this Act "the Principal Act" means the Ministerial and Parliamentary Offices Act, 1938 ,

(2) The Ministerial and Parliamentary Offices Acts, 1938 to 1972, and this Part of this Act may be cited together as the Ministerial and Parliamentary Offices Act 1938 to 1973

7.—(1) The following subsections are hereby substituted for subsections (1) and (2) of section 3 of the Principal Act as amended by section 5 of the Act of 1968:

"(1) There shall be paid to the Taoiseach an annual sum by way of salary not exceeding the sum of £6, 959 and to each other member of the Government an annual sum by way of salary not exceeding the sum of £4, 430.

(2) There shall be paid an annual sum by way of salary, not exceeding the sum of £2, 851, to every Parliamentary Secretary appointed under section 7 of the Ministers and Secretaries Act, 1924 , who shall not, by the terms of his appointment, be declared to be appointed without salary.".

(2) This section and sections 8, 9 and 10 of this Act shall be deemed to have come into operation on the 1st day of July, 1973.

8.—The following section is hereby substituted for section 4 of the Principal Act as amended by section 6 of the Act of 1968:

"4.—(1) There shall be paid to the Attorney General an annual sum by way of salary not exceeding—

( a ) in case the person who holds the office is not a member of the Oireachtas the sum of £7, 213,

( b ) in case a member of the Oireachtas holds the office the sum of £4, 430.".

9.—The following subsection is hereby substituted for subsection (1) of section 5 of the Principal Act as amended by section 7 of the Act of 1968:

"(1) There shall be paid to the Chairman of Dáil Éireann an annual sum by way of salary not exceeding the sum of £4, 430, and to the Deputy Chairman of Dáil Éireann an annual sum by way of salary not exceeding the sum of £1, 898.".

10.—The following subsection is hereby substituted for subsection (1) of section 6 of the Principal Act as amended by section 8 of the Act of 1968:

"(1) There shall be paid to the Chairman of Seanad Éireann an annual sum by way of salary not exceeding the sum of £2,243, and to the Deputy Chairman of Seanad Éireann an annual sum by way of salary not exceeding the sum of £1,203.".

11.—The following section is hereby inserted in the Principal Act after section 8:

"8A. (1) The Government may, whenever they so think fit, by order increase all or any one or more of the following, namely,

( a ) the annual sum payable to the Taoiseach pursuant to section 3 of this Act,

( b ) the annual sum payable to every member of the Government, other than the Taoiseach, pursuant to the said section 3,

( c ) the annual sum payable to every Parliamentary Secretary pursuant to the said section 3,

( d ) any annual sum payable to the Attorney General pursuant to section 4 of this Act,

( e ) the annual sum payable to the Chairman of Dáil Éireann and the annual sum payable to the Deputy Chairman of Dáil Éireann pursuant to section 5 of this Act,

( f ) the annual sum payable to the Chairman of Seanad Éireann and the annual sum payable to the Deputy Chairman of Seanad Éireann pursuant to section 6 of this Act,

( g ) an annual sum payable pursuant to either section 9A or section 10 of this Act.

(2) An order under this section may, if so expressed, have retrospective effect.

(3) Where an order is proposed to be made under this section, a draft thereof shall be laid before Dáil Éireann and, if a resolution disapproving of the draft is passed by Dáil Éireann within the next subsequent twenty-one days on which it has sat after the draft is laid before it, the order shall not be made.".

12.—Section 9 of the Principal Act, as amended by section 12 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , is hereby amended by the insertion of the following subsection after subsection (1):

"(1A) In this Part of this Act 'Government Party' means a Party in Dáil Éireann one or more members of which is or are for the time being the Taoiseach or any other member of the Government.".

13.—The Principal Act is hereby amended by the insertion of the following section after section 9:

"9A. (1) Where there is one qualified Party which is a Government Party and not more, there shall be paid to the Leader of that Party an annual sum by way of allowance for expenses of £10, 000.

(2) Where there are two qualified Parties both of which are Government Parties and not more—

( a ) there shall be paid to the Leader of that one of those qualified Parties which is of the greater numerical strength in Dáil Éireann an annual sum by way of allowance for expenses of £7, 000, and

( b ) there shall be paid to the Leader of the other such qualified Party an annual sum by way of allowance for expenses of £3, 000.

(3) Where there are three or more qualified Parties all of which are Government Parties—

( a ) there shall be paid to the Leader of that one of those qualified Parties which is of the greatest numerical strength in Dáil Éireann an annual sum by way of allowance for expenses of £5, 000,

( b ) there shall be paid to each of the Leaders of the other such qualified Parties an annual sum by way of allowance for expenses of £5100 divided by the number of the other such qualified Parties.

(4) An allowance payable to a person under this section shall be in addition to the allowances payable to him under the Oireachtas (Allowances to Members) Act, 1938 , and shall not be payable save in respect of a period in respect of which the last-mentioned allowance is payable to him.".

14.—The following subsections are hereby substituted for subsections (1) to (3) of section 10 of the Principal Act as amended by section 9 of the Act of 1968:

"(1) Where there is one qualified Party which is not a Government Party and not more, there shall be paid to the Leader of that Party an annual sum by way of allowance for expenses of £25, 000.

(2) Where there are two qualified Parties neither of which is a Government Party and not more—

( a ) there shall be paid to the Leader of that one of those qualified Parties which is of the greater numerical strength in Dáil Éireann an annual sum by way of allowance for expenses of £17, 500, and

( b ) there shall be paid to the Leader of the other such qualified Party an annual sum by way of allowance for expenses of £7, 500.

(3) Where there are three or more qualified Parties none of which is a Government Party—

( a ) there shall be paid to the Leader of that one of those qualified Parties which is of the greatest numerical strength in Dáil Éireann an annual sum by way of allowance for expenses of £12, 500,

( b ) there shall be paid to each of the Leaders of the other such qualified Parties an annual sum by way of allowance for expenses of £12, 500 divided by the number of the other qualified Parties.

(3A) In this section 'expenses' includes expenses incurred in respect of research.".

15.—Section 13 of the Principal Act is hereby amended by—

( a ) the addition to the definition of "ministerial office" of the following paragraph:

"( g ) the office of Attorney General;",

( b ) the insertion of the following subsection after subsection (4):

"(5) Where a person held the office of Attorney General during a particular period, including a period which commenced before the coming into force of this subsection, and at any time in that period engaged in private practice as a barrister or held any position or other office of emolument, other than membership of the Oireachtas, for the purposes of this Part of this Act he shall not be regarded as having held a qualifying office during the period.".

16.—Section 15 of the Principal Act is hereby amended by—

( a ) the substitution of "which he was being paid in respect of" for "attached to" in subsection (2),

( b ) the insertion of "and during which he did not hold a qualifying office," after "the office of Attorney General," in paragraph (a) of subsection (3).

17.—Part IV of the Principal Act shall apply to any person who held the office of Attorney General at a time prior to the passing of this Act as if the amendments effected by this Act to that Part had been in force at that time, but this section shall not be construed as enabling any payment in relation to a period prior to the passing of this Act to be made to or in respect of such a person on foot of a pension.

18.—In section 9 (1) of the Principal Act, as amended by section 12 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , ", other than the Government Party," is hereby repealed.