S.I. No. 343/1994:

OIREACHTAS (ALLOWANCES TO MEMBERS) (TRAVELLING FACILITIES) (AMENDMENT) REGULATIONS, 1994.

OIREACHTAS (ALLOWANCES TO MEMBERS) (TRAVELLING FACILITIES) (AMENDMENT) REGULATIONS, 1994.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 5 (1) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1964 (No. 14 of 1964), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 81 of 1987 ), hereby make the following regulations:

1. These Regulations may be cited as the Oireachtas (Allowances to Members) (Travelling Facilities) (Amendment) Regulations, 1994.

2. These Regulations shall be deemed to have come into operation on the 10th day of July, 1994.

3. The following facilities are hereby prescribed as the travelling facilities for the purpose of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), for members of Dáil Éireann or Seanad Éireann--

( a ) in cases in which, the normal place of residence of the member being within 10 miles of Dublin, he travels to Dublin, an allowance of £26.40 for each day upon which he so travels, together with such amounts (if any) as correspond to the amounts of any increases on or after the 1st day of January 1994, in the rates of the mileage allowance specified in paragraph (c) of this Regulation in force on or after that day,

( b ) in cases in which, the normal place of residence of the member being within 20 miles but not within 10 miles of Dublin, he travels to Dublin, an allowance calculated, at his option (which shall be exercisable in respect of each day in relation to which the allowance is payable), in accordance with either paragraph (a) or paragraph (c) of this Regulation:

( c ) in all other cases--

(i) if the member travelled in his own motorcar, a milage allowance at such rates as are payable to civil servants:

Provided that for the purposes of the calculation of the allowance under this paragraph for days in respect of which an allowance under the said paragraph (a) is not payable to the member, he shall, in relation to any day in respect of which an allowance under paragraph (a) is payable to him, be deemed to have travelled twice the distance between his normal place of residence and Dublin and to have been paid the appropriate allowance under this paragraph in respect of such travel, and

Provided, however, that the periods in respect of which the rates aforesaid apply shall be:

(I) in the case of a member of Dáil Éireann--

(A) any period of 12 months beginning on the 1st day of January in any year (being a period occurring between the polling day of a general election for Dáil Éireann and the day of the dissolution of Dáil Éireann next following that day),

(B) any period of less than 12 months beginning on the 1st day of January in any year and ending on the day (referred to subsequently in this subclause as "the dissolution day") of the dissolution of Dáil Éireann next following the 1st day of January in that year (being a period occurring between the polling day of the general election for Dáil Éireann held next before the dissolution day and the dissolution day),

(C) any period beginning on the polling day of a general election for Dáil Éireann and ending on the day of the dissolution of Dáil Éireann next following that polling day or the 31st of December next following that polling day, whichever is the earlier,

and

(II) in the case of a member of Seanad Éireann--

(A) any period of 12 months beginning on the 1st day of January in any year (being a period occurring between the polling day of a general election for Seanad Éireann and the day immediately preceding the polling day next following that polling day),

(B) any period of less than 12 months beginning on the 1st day of January in any year and ending on the day (referred to subsequently in this subclause as "the specified polling day") immediately preceding the polling day of the general election for Seanad Éireann next following the 1st day of January in that year (being a period occurring between the polling day of the general election for Seanad Éireann held next before the specified polling day and the specified polling day),

(C) any period beginning on the polling day of a general election for Seanad Éireann and ending on the day immediately preceding the polling day of the general election for Seanad Éireann next following that polling day or the 31st day of December next following the first-mentioned polling day, whichever is the earlier,

or,

(ii) if the member travelled other than in his own motor car, such travelling expenses in respect of such travel as, in the opinion of the Minister for Finance, were reasonably incurred.

4. The Oireachtas (Allowances to Members) (Travelling Facilities) Regulations, 1983 ( S.I. No. 341 of 1983 ), and the Oireachtas (Allowances to Members) (Travelling Facilities) (Amendment) Regulations, 1990 ( S.I. No. 87 of 1990 ), are hereby revoked.

GIVEN under my Official Seal, this 11th day of November, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The daily travel allowance payable to members living within ten miles of Leinster House has heretofore been restricted to days on which the relevant House (or a committee of that House) was sitting. These Regulations provide for the payment of this allowance on any day on which the member travels to Leinster House.

The Regulation also consolidate a number of previous regulations.