S.I. No. 32/1995:

OIREACHTAS (ALLOWANCES TO MEMBERS) (TELEPHONE AND POSTAL FACILITIES) REGULATIONS, 1995.

OIREACHTAS (ALLOWANCES TO MEMBERS) (TELEPHONE AND POSTAL FACILITIES) REGULATIONS, 1995.

I. RUAIRÍ QUINN, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Oireachtas (Allowances to Members) Act, 1962 (No. 32 of 1962), hereby make the following regulations:

1. (1) These regulations may be cited as the Oireachtas (Allowances to Members) (Telephone and Postal Facilities) Regulations, 1995.

(2) These Regulations shall be deemed to have come into operation on the 1st day of January, 1994.

2. (1) In these Regulations--

"the appropriate authority" means--

( a ) in the case of a member of Dáil Éireann, the Clerk of Dáil Éireann, and

( b ) in the case of a member of Seanad Éireann, the Clerk of Seanad Éireann;

"the Regulations of 1992" means the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (Allowances) (No. 2) Regulations, 1992 ( S.I. No. 397 of 1992 );

"scheduled position" means the position of chairman of an Oireachtas Committee specified in the Schedule to these Regulations.

(2) In these Regulations--

( a ) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended;

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

3. The facility of free telephone calls from Leinster House granted to a member of Dáil Éireann or Seanad Éireann shall be subject to the following restrictions and conditions:

( a ) the facility shall not commence until the member first becomes, by compliance with the Standing Orders of the House of which he is a member, entitled, under the Standing Orders of that House, to sit in that House as a member thereof;

( b ) the facility shall not be exercised except by means of direct dial telephones;

( c ) subject to paragraph (d), the exercise of the facility by any member shall be limited to the making of calls from a particular telephone number, which number shall be designated by the appropriate authority for use by the member concerned and shall be securable from use by other persons;

( d ) the provisions of paragraph (c) shall not preclude a member from transmitting facsimile documents by means of the telephone facilities provided to members on a communal basis for the transmission and receipt of such documents;

( e ) the facility shall not in any case be exercised for the purpose of transmitting telemessages.

4. Where a member of either House of the Oireachtas incurs expenditure on telephone calls made by him otherwise than from Leinster House, and submits to the appropriate authority evidence of such expenditure in the form of telephone bills paid by the member, the appropriate authority shall pay to that member a contribution towards the cost of such calls, subject to the following restrictions and conditions:

( a ) in the case of any member--

(i) the contribution shall be payable in respect of all or any of the following which are notified by the member to the appropriate authority:

(A) calls made from--

(I) a particular telephone number, or

(II) in the case of a member who qualifies for payments under Regulation 7 of the Regulations of 1992, not more than two telephone numbers,

designated by the member,

(B) calls made from a mobile telephone number designated by the member, and

(C) calls made from--

(I) another telephone number, or

(II) in the case of a member who qualifies for payments under Regulation 7 of the Regulations of 1992, not more than two other telephone numbers,

designated by the member:

Provided that any number so designated is used exclusively for the transmission and receipt of facsimile documents and is so certified by the member;

(ii) the total amount of contributions payable under this paragraph shall not exceed, in respect of each calendar year, the amount of £2,000 in the case of a member of Dáil Éireann, and the amount of £1,000 in the case of a member of Seanad Éireann;

( b ) subject to paragraph (c), in case the member is also the holder of a scheduled position--

( c ) the contribution, which shall be payable in addition to the contributions payable under paragraph (a), and shall not be taken into account for the purposes of Regulation 3 or 5 of the Regulations of 1992, shall be payable in respect of either or both of the following which are notified by the member to the appropriate authority:

(A) calls made from a mobile telephone number designated by the member,

and

(B) calls made from another telephone number designated by the member:

Provided that the number so designated is used exclusively for the transmission and receipt of facsimile documents and is so certified by the member;

(ii) the total amount of contributions paid in respect of calls referred to in subparagraphs (i)(A) and (i)(B) shall not exceed, in respect of each calendar year, the amount of £1,000;

( c ) a member referred to in paragraph (b) may, in lieu of any contributions payable under that paragraph, opt to be paid contributions in accordance with the provisions of paragraph (a) in respect of all telephone calls made by the member otherwise than from Leinster House, and if the member so opts, subparagraph (ii) of paragraph (a) will apply in that case subject to the modification that the total amount of contributions payable under that paragraph shall not exceed, in respect of each calendar year, the amount of £3,000 in the case of a member of Dáil Éireann, and the amount of £2,000 in the case of a member of Seanad Éireann;

( d ) the contributions payable under this Regulation shall amount to 75 per cent. of the cost of calls made from the telephone number or numbers designated by the member, as indicated in the telephone bills submitted to the appropriate authority, provided that where a telephone bill so submitted includes call charges in respect of any period during which the person was not a member of either House of the Oireachtas or was not the holder of a scheduled position, the amount of the contribution payable on foot of that telephone bill shall be appropriately reduced in such manner as the Minister for Finance shall determine;

( e ) the amounts referred to in paragraphs (a) (ii), (b) (ii) and (c) may be--

(i) increased from time to time by direction of the Minister for Finance, having due regard to any changes in the costs of telephone calls as charged by Bord Telecom Éireann; and

(ii) appropriately revised in such manner as the Minister for Finance shall determine in respect of any calendar year during which a person to whom this Regulation applies--

(A) becomes a member of either House of the Oireachtas, or

(B) ceases to be a member of either such House and becomes a member of the other such House, or

(C) becomes the holder of a scheduled position, or

(D) ceases to be the holder of a scheduled position.

5. (1) Free postal facilities arising out of his parliamentary duties granted to a member of Dáil Éireann or Seanad Éireann shall be subject to the following exceptions, restrictions and conditions:

( a ) the facilities shall not commence until the member first becomes, by compliance with the Standing Orders of the House of which he is a member, entitled, under the Standing Orders of that House, to sit in that House as a member thereof;

( b ) the facilities shall not be exercised save by means of envelopes which, on application made by the member concerned to the appropriate authority, shall be issued for the purposes of these Regulations;

( c ) envelopes issued for the purposes of these Regulations shall be prepaid in the following manner, that is to say--

(i) at the ordinary inland letter post rate for Post Office preferred size envelopes (which envelopes are subsequently referred to in this Regulation as "ordinary prepaid envelopes"), or

(ii) at a rate which is one and a half times such letter post rate (which envelopes are so referred to as "prepaid (intermediate size) envelopes"), or

(iii) at a rate which is three times such letter post rate (which envelopes are so referred to as "prepaid (large size) envelopes"), or

(iv) at a rate equivalent to the standard rate for a 20 gramme airmail letter to destinations outside Europe (which envelopes are so referred to as "prepaid (airmail) envelopes");

( d ) each such member shall be entitled to receive a monthly allocation of ordinary prepaid envelopes not exceeding--

(i) in case the member is a party whip, the number obtained by adding--

(I) the number which is equal to the number of members for the time being of the Parliamentary Party of which he is whip when multiplied by ten, and

(II) 1,500,

(ii) in case the member is a Seanad Group whip, the number obtained by adding--

(I) the number which is equal to the number of members for the time being of the Seanad group of which he is whip when multiplied by ten, and

(II) 1,500, and

(iii) in any other case, 1,500;

( e ) in case as regards a particular month such a member receives no ordinary prepaid envelopes or less than the number of such envelopes mentioned in paragraph (d), his allocation as regards that month of such envelopes or, as may be appropriate, the remainder of such allocation shall be forfeited; and

( f ) a member shall be entitled to receive prepaid (intermediate size) envelopes if, and only if, as regards any two of such envelopes he surrenders to the appropriate authority, three ordinary prepaid envelopes previously issued to him;

( g ) a member shall be entitled to receive prepaid (airmail) envelopes if, and only if, as regards any three of such envelopes he surrenders to the appropriate authority, five ordinary prepaid envelopes previously issued to him;

( h ) a member shall be entitled to receive prepaid (large size) envelopes if, and only if, as regards each such envelope he surrenders to the appropriate authority, three ordinary prepaid envelopes previously issued to him;

( i ) letters sent by means of prepaid (airmail) envelopes shall not be posted save by the appropriate authority, after having been delivered to him for posting and any postal charge owing on such a letter over and above the prepaid amount shall be paid to the appropriate authority, by or on behalf of the member at the time such letters are delivered to him for posting;

( j ) the facilities may be withdrawn in whole or in part in respect of any month as may be determined by the Committee on Procedure and Privileges of Dáil Éireann or by the Committee on Procedure and Privileges of Seanad Éireann, as may be appropriate, from any member who has allowed another party to send by means of prepaid envelopes issued to the member letters not arising from the member's parliamentary duties;

( k ) any question or dispute concerning matters of fact regarding whether a member has allowed another party to send, by means of prepaid envelopes issued to the member, letters not arising from the member's parliamentary duties shall be referred to and determined by:

(i) in case the member is a member of Dáil Éireann, the Committee on Procedure and Privileges of Dáil Éireann or, if at the time the reference falls to be made, that Committee does not stand appointed, the Chairman of Dail Éireann,

(ii) in case the member is a member of Seanad Éireann, the Committee on Procedure and Privileges of Seanad Éireann or, if at the time the reference falls to be made, that Committee does not stand appointed, the Chairman of Seanad Éireann,

and every such determination shall be final.

(2) For the purposes of this Regulation the number of members of a Parliamentary Party shall be the number equal to the number of persons each of whom is for the time being--

( a ) a member of the particular political party concerned (being a political party registered in the Register of Political Parties for the purposes of section 13 of the Electoral Act, 1963 (No. 19 of 1963)), and

( b ) a member of the Oireachtas or a representative in the European Parliament:

Provided that where a member of the Oireachtas is for the time being such a representative, then for the said purposes the fact that he is such a representative shall be disregarded.

(3) For the purposes of this Regulation the number of members of a Seanad group shall be the number equal to the number of persons each of whom is for the time being--

( a ) a member of the Seanad, and

( b ) a member of the particular Seanad group concerned where "group" has the meaning it has in the Standing Orders of Seanad Éireann.

6. The following are hereby revoked--

( a ) the Oireachtas (Allowances to Members) Regulations, 1963 ( S.I. No. 4 of 1963 ), other than Regulations 1 and 2 thereof,

( b ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1963 ( S.I. No. 276 of 1963 ),

( c ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1964 ( S.I. No. 50 of 1964 ),

( d ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1965 ( S.I. No. 180 of 1965 ),

( e ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1975 ( S.I. No. 112 of 1975 ),

( f ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1978 ( S.I. No. 119 of 1978 ),

( g ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1984 ( S.I. No. 126 of 1984 ),

( h ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1991 ( S.I. No. 276 of 1991 ),

( i ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1992 ( S.I. No. 142 of 1992 ), and

( j ) the Oireachtas (Allowances to Members) (Amendment) Regulations, 1993 ( S.I. No. 143 of 1993 ).

SCHEDULE.

The British-Irish Inter-Parliamentary Body.

The Committee of Public Accounts.

The Joint Committee on Commercial State-Sponsored Bodies.

The Joint Committee on Foreign Affairs.

The Joint Committee on the Irish Language.

The Joint Services Committee.

The Joint Committee on Women's Rights.

The Select Committee on Enterprise and Economic Strategy.

The Select Committee on Finance and General Affairs.

The Select Committee on Legislation and Security.

The Select Committee on Social Affairs.

GIVEN under my Official Seal, this 30th day of January, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

Under arrangements introduced in 1992 (S.I. 142 of 1992) members of the Oireachtas may, subject to certain conditions and limitations, be paid a contribution towards the cost of telephone calls made otherwise than from Leinster House. These Regulations allow members who opt to locate their secretarial assistants in constituency offices to nominate up to two additional telephones for this purpose. The Regulations also allow members who chair one of the Oireachtas Committees specified in the Schedule to be paid a contribution towards the cost of telephone calls made from up to two additional telephones subject to an annual limit of £1.000.

Provision is also made in these Regulations for an amendment of the postal facilities provided for members. The Regulations allow for an additional 250 in the monthly allocation of ordinary prepaid envelopes for members bringing the total monthly allocation to 1,500. The Regulations also provide that

(i) the additional monthly allocation for each Party Whip be increased from 5 to 10 times the number of members in the Parliamentary Party in question,

(ii) each Seanad Whip be provided with an additional monthly allocation of ordinary prepaid envelopes equal to 10 times the number of members in the Seanad Group concerned.

These Regulations also consolidate all the existing arrangements in relation to the postage and telephone facilities for members into one up-to-date set of regulations.