No. 19/1979:

EUROPEAN ASSEMBLY (IRISH REPRESENTATIVES) ACT, 1979

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Allowances to Irish representatives in Assembly.

3 Allowances to Irish representatives in Assembly for expenses.

4 Superannuation of Irish representatives in Assembly.

5 Disqualification of Irish representatives for membership of, or employment by, certain bodies.

6 Orders.

7 Expenses.

8 Short title and commencement.

SCHEDULE

AN ACT TO PROVIDE FOR THE PAYMENT OF ALLOWANCES TO THE IRISH REPRESENTATIVES IN THE ASSEMBLY OF THE EUROPEAN COMMUNITIES IN RESPECT OF THEIR DUTIES, TO ENABLE ALLOWANCES FOR EXPENSES TO BE PAID TO SUCH REPRESENTATIVES AND TO MAKE OTHER PROVISIONS IN RELATION TO SUCH REPRESENTATIVES, CANDIDATES FOR ELECTION TO, AND PERSONS APPOINTED PURSUANT TO SECTION 15 of THE EUROPEAN ASSEMBLY ELECTIONS ACT, 1977 , TO BE REPRESENTATIVES IN, THE SAID ASSEMBLY.

[17th July, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1977" means the European Assembly Elections Act, 1977 ;

"the Assembly" means the Assembly of the European Communities;

"Assembly election" has the meaning assigned to it by section 2 (1) of the Act of 1977;

"the European Communities" means the European Economic Community, the European Coal and Steel Community, and the European Atomic Energy Community;

"the Minister" means the Minister for the Public Service.

2.—(1) Each of the representatives in the Assembly who for the time being—

( a ) stands elected thereto pursuant to the Act of 1977,

( b ) stands appointed thereto pursuant to section 15 of that Act,

shall, out of moneys provided by the Oireachtas, be paid the allowance specified in subsection (2) of this section.

(2) The allowance referred to in subsection (1) of this section is an allowance at the same rate per annum as that of the allowance to members of Dáil Éireann payable for the time being by virtue of sections 2 and 3 of the Oireachtas (Allowances to Members) Act, 1938 , as amended by section 4 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , and sections 4 and 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 .

(3) Payment of an allowance under this section shall commence with effect from the commencement of the term of office of the person concerned as a representative in the Assembly and such allowance shall be payable monthly.

(4) For the purposes of subsection (3) of this section, the term of office of a representative in the Assembly shall be regarded as commencing on—

( a ) in case he is elected thereto pursuant to the Act of 1977, the day on which the Assembly first meets after the relevant Assembly election,

( b ) in case he is appointed thereto pursuant to section 15 of that Act, the day next following the date of his appointment.

3.—The Minister may, if he thinks fit, by order provide for the payment of allowances for expenses to representatives in the Assembly who have been elected or appointed thereto in the manner described in section 2 (1) of this Act.

4.—(1) The Minister may make a contributory scheme for the granting of pensions to or in respect of persons who have been elected or appointed to the Assembly in the manner described in section 2 (1) of this Act.

(2) The Minister may, in accordance with a scheme under this section, make deductions from an allowance paid under section 2 of this Act.

(3) A scheme under this section may have effect from a date which is earlier than the date of the scheme but which is not earlier than the date on which the Assembly first meets after the Assembly election held in 1979.

(4) The Minister may make a scheme amending or revoking a scheme under this section (including a scheme under this subsection).

5.—(1) A person who is elected to be a representative in the Assembly at the Assembly election held in 1979 and who is either a member of, or a director on the board of, a specified body shall, on the signing by the chief returning officer at the election of the return required by Rule 70 of the First Schedule to the Act of 1977, cease to be such member or director, as may be appropriate.

(2) Where a person who is either a member of, or a director on the board of, a body which is a specified body is validly nominated as a candidate for election to, or appointed to be a representative in, the Assembly, whether such election or appointment is to be held pursuant to, or is made under, the Act of 1977 or otherwise, he shall on such nomination or on his appointment, as may be appropriate, cease to be such a member or director, as may be appropriate.

(3) A person who is for the time being a representative in the Assembly shall be disqualified for being a member of, a director on the board of, any body which is a specified body or an officer or servant of any such body.

(4) Where a person who is either an officer or servant of any body which is a specified body is validly nominated for election as a candidate for election to, or appointed to be a representative in, the Assembly, whether such election or appointment is to be held pursuant to or is made under the Act of 1977 or otherwise, he shall stand seconded from employment by the body and shall not be paid by or be entitled to receive from the body any remuneration or allowances in respect of the period commencing on—

( a ) in case he is so nominated at the Assembly election held in 1979, the signing by the chief returning officer at the election of the return referred to in subsection (1) of this section,

( b ) in case he is so nominated at any other Assembly election or is so appointed, on such nomination or on his appointment,

and ending when he withdraws his candidature, fails to be elected or ceases to be a representative in the Assembly.

(5) The Minister may by order amend the Schedule to this Act by the addition thereto of the name of a body corporate or an unincorporated body of persons specified in the order, and in case the Minister makes an order under this subsection the Schedule to this Act shall be construed in accordance with the amendment contained in the order.

(6) In this section "specified body" means a body specified in the Schedule to this Act.

6.—(1) Every order made under section 3 of this Act and every order amending or revoking such an order and every scheme made under section 4 of 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 or scheme is passed by either such House within the next twenty-one days on which that House has sat after the order or scheme is laid before it the order or scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(2) When an order under section 5 (5) of this Act or an order amending or revoking such an order, is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

(3) The Minister may by order amend or revoke an order under this Act (including an order under this subsection).

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

8.—(1) This Act may be cited as the European Assembly (Irish Representatives) Act, 1979 .

(2) Subsections (1) and (4) of section 5 of this Act and this section shall be deemed to have come into operation an the 29th day of May, 1979.

Section 5.

SCHEDULE

Aer Lingus Teoranta

Aerlinte Éireann Teoranta

Aer Rianta Teoranta

The Agricultural Credit Corporation Limited

Bord Fáilte Éireann

An Bord Fuinnimh Núicléigh

Bord Gáis Éireann

An Bord Iascaigh Mhara

Bord na Gaeilge

Bord na gCapall

Bord na gCon

Bord na Móna

An Bord Pleanála

The British & Irish Steam Packet Company Limited

The Central Bank of Ireland

An Chomhairle Ealaíon

Comhlucht Siúicre Éireann Teoranta

Córas Beostoic agus Feola Teoranta

Córas Iompair Éireann

Córas Tráchtála

The Electricity Supply Board

The Employment Equality Agency

Fóir Teoranta

The Industrial Credit Company Limited

The Industrial Development Authority

The Institute for Industrial Research and Standards

The Irish National Stud Company Limited

Irish Steel Holdings Limited

The Law Reform Commission

Min Fhéir (1959) Teoranta

The National Board for Science and Technology

National Building Agency Limited

The National Council for Educational Awards

National Film Studios of Ireland Limited

Nítrigin Éireann Teoranta

The Pigs and Bacon Commission

Radio Telefís Éireann

The Restrictive Practices Commission

The Shannon Free Airport Development Company Limited

An tÚdarás um Ard-Oideachas

The Voluntary Health Insurance Board

ACTS REFERRED TO