S.I. No. 397/1992:

OIREACHTAS (ALLOWANCES TO MEMBERS) AND MINISTERIAL AND PARLIAMENTARY OFFICES (AMENDMENT) ACT, 1992 (ALLOWANCES) (NO. 2) REGULATIONS, 1992.

OIREACHTAS (ALLOWANCES TO MEMBERS) AND MINISTERIAL AND PARLIAMENTARY OFFICES (AMENDMENT) ACT, 1992 (ALLOWANCES) (NO. 2) REGULATIONS, 1992.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 3 (4) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (No. 3 of 1992), hereby make the following Regulations:

1. (1) These regulations may be cited as the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (Allowances) (No. 2), Regulations, 1992.

(2) These regulations shall come into operation on the 1st day of January, 1993.

2. In these Regulations--

"the Act of 1977" means the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1977 (No. 29 of 1977);

"the Act of 1992" means the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (No. 3 of 1992);

"the appropriate authority" means in the case of a member of Dáil Éireann, the Clerk of Dáil Éireann and, in the case of a member of Seanad Éireann, the Clerk of Seanad Éireann;

"the Principal Act" means the Ministerial and Parliamentary Offices Act, 1938 (No. 38 of 1938).

3. The rate of the allowance payable under section 3 of the Act of 1992 to a member of Dáil Éireann who is not also the holder of an office referred to in Part II (as amended by Part III of the Act of 1977) of the Principal Act shall, with effect from 1 January 1993, be the aggregate of

( a ) the sum of £2,310 per annum,

( b ) in the case of a member whose constituency is listed in--

(i) Table A of the Schedule to these Regulations, the sum of £750 per annum,

(ii) Table B of the said Schedule, the sum of £2,500 per annum, or

(iii) Table C of the said Schedule, the sum of £4,000 per annum,

and

( c ) the sum, if any, payable under Regulation 7 of these Regulations:

Provided that if the aggregate of--

I the sums payable under paragraphs (a) and (b) of this Regulation and

II the sum payable to that member in respect of the same period under the Oireachtas (Allowances to Members) (Amendment) Regulations, 1963 ( S.I. No. 4 of 1963 ), as amended

is less than £4,300 per annum, an additional sum shall be payable equal to the difference between the lesser sum and the sum of £4,300.

4. The rate of the allowance payable under section 3 of the Act of 1992 to a member of Dáil Éireann who is also the holder of an office referred to in Part II (as so amended) of the Principal Act shall, with effect from 1 January 1993, be the aggregate of

( a ) the sum, if any, payable under Regulation 7 of these Regulations, and

( b ) in case the member holds the office of--

(i) Taoiseach, the sum of £6,150 per annum,

(ii) Chairman of Dáil Éireann or member of the Government other than Taoiseach, the sum of £5,640 per annum, or

(iii) Deputy Chairman of Dáil Éireann or Minister of State, the sum of £5,130 per annum:

Provided that where a member holds more than one of the offices aforesaid only one sum shall be payable in respect thereof, being the greatest sum payable in respect of any such office of which the member is holder.

5. The rate of the allowance payable under section 3 of the Act of 1992 to a member of Seanad Éireann who is not also the holder of an office referred to in Part II (as so amended) of the Principal Act shall, with effect from 1 January 1993, be the sum of £1,540 per annum:

Provided that if the aggregate of

I the sum payable under this Regulation and

II the sum payable to that member in respect of the same period under the Oireachtas (Allowances to Members) (Amendment) Regulations, 1963 ( S.I. No. 4 of 1963 ), as amended

is less than £2,150 per annum, an additional sum shall be payable equal to the difference between the lesser sum and the sum of £2,150.

6. The rate of the allowance payable under section 3 of the Act of 1992 to a member of Seanad Éireann who is also the holder of the office of Chairman or Deputy Chairman of Seanad Éireann shall, with effect from 1 January 1993, be the sum of £2,560 per annum.

7. (1) Where a member of Dáil Éireann is not provided with office accommodation for his secretarial assistant in Leinster House, incurs expenses in providing and maintaining such accommodation within his constituency and submits to the appropriate authority evidence of such expenses, the appropriate authority shall pay to that member an annual sum in full settlement of such expenses subject to the following restrictions and conditions:

( a ) the sum payable to a member under this Regulation shall not in any case exceed--

(i) the sum of £5,120 in total in respect of expenses whensoever incurred in establishing and equipping such accommodation, and

(ii) the sum of £2,560 per annum in respect of expenses incurred in maintaining such accommodation;

( b ) a claim by a member for payment of a sum under this Regulation shall be made to the appropriate authority and shall be made in such form, contain such particulars and be accompanied by such vouchers and receipts as the Minister may from time to time direct; and

( c ) a member who is paid a contribution under this Regulation shall not be provided by the State with accommodation for his secretarial assistant on Leinster House premises or with any other form of assistance (including furniture or equipment) towards the provision of accommodation within his constituency.

(2) In this Regulation "Leinster House" includes any office premises provided by the State in the vicinity of Leinster House for use by members of Dáil Éireann.

8. (1) The allowance payable under these Regulations may, with effect from such date or dates as the Minister for Finance may direct not being earlier than the 1st day of January, 1994, be revised each year--

( a ) in the case of the sums specified at Regulation 3 (b), by a percentage equal to the average percentage of the revision, if any, in the previous year in the rates of mileage allowance payable to members of the Civil Service,

( b ) in the case of the sums specified at Regulations 3 (a), 4 (b), 5 and 6, by a percentage equal to the average percentage of the revision, if any, in the previous year in the rates of mileage and subsistence allowances payable to members of the Civil Service, and

( c ) in the case of the sums specified at Regulation 7, a percentage equal to the percentage increase over the previous twelve-month period in the consumer price index number.

(2) In this Regulation -- " the Civil Service" has the meaning assigned to it by the Civil Service Commissioners Act, 1956 (No. 45 of 1956); and "the consumer price index number" means the All Items Consumer Price Index Number for a year as compiled by the Central Statistics Office and expressed on the basis that the consumer price index number at mid-November, 1989 is 100.

9. The allowance shall be payable in arrears and may be paid in unequal instalments depending on the sum, if any, payable under Regulation 7 of these Regulations.

10. The Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (Allowances) Regulations, 1992 ( S.I. No. 62 of 1992 ), are hereby revoked.

SCHEDULE

GIVEN under my Official Seal, this 14th day of December, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Regulation introduces arrangements in relation to expenses for Members of the Oireachtas in line with recommendations in Report No. 35 of the Review Body on Higher Remuneration in the Public Sector.