S.I. No. 98/1998:

OIREACHTAS (TERMINATION ALLOWANCE). (AMENDMENT) REGULATIONS, 1998.

OIREACHTAS (TERMINATION ALLOWANCE). (AMENDMENT) REGULATIONS, 1998.

I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by sections 5 and 5A (inserted by section 20 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998 (No. 5 of 1998) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 (No. 3 of 1992), hereby make the following Regulations:

1. These Regulations may be cited as the Oireachtas (Termination Allowance) (Amendment) Regulations, 1998.

2. These Regulations shall be deemed to have come into operation on the 6th day of June, 1997.

3. The Oireachtas (Termination Allowance) Regulations, 1992 ( S.I. No. 356 of 1992 ), are hereby amended--

(a) in Regulation 3 (1), by the substitution of the following definition for the definition of "the appropriate authority":

" 'the appropriate authority', in relation to a person, means the Clerk of the House of the Oireachtas of which the person had last previously been a member.".

(b) in Regulation 4, by the substitution of the following paragraph for paragraph (a):

"(a) (i) ceases to be a member of Dáil Eireann for a reason other than the death of the member, and

(I) is not elected at the general election for Dáil Éireann next following such cesser or at any bye-election for Dáil Éireann held before that general election, and

(II) is not nominated as a member of Seanad Éireann under Article 18.10 of the Constitution prior to the general election for Seanad Éireann next following such cesser or elected at any bye-election for Seanad Éireann held before that general election, and

(III) is not elected at the aforesaid general election for Seanad Éireann and, following such general election, is not nominated as a member of Seanad Éireann under Article 18.3 of the Constitution.

(ii) being a member of Seanad Éireann on the day preceeding polling day at a general election for Seanad Éireann, is not elected at the said general election and, following the said general election, is not nominated as a member of Seanad Éireann under Article 18.3 of the Constitution,

or

(iii) ceases to be a member of Seanad Éireann on a day other than the day referred to in subparagraph (ii) of this paragraph for a reason other than the death of the member and in whose case clauses (I), (II) and (III) of subparagraph (i) of this paragraph are satisfied,

and",

and

(c) in Regulation 10, by the substitution of the following paragraphs for paragraph (1):

"(1) Notwithstanding the foregoing provisions of these Regulations, a person who ceases to be a member of Dáil Éireann as a result of a dissolution of Dáil Éireann and is not elected at the general election for Dáil Éireann next following such dissolution and satisfies the requirements of paragraph (b) of Regulation 4 may, on application in writing to the appropriate authority, be paid a termination allowance with effect from polling day at the said general election:

Provided that, when so applying, he includes in the application a declaration that he does not propose to do any of the following:

(a) seek election to Seanad Éirenn at the general election for Seanad Éireann next following such dissolution or at any bye-election for Seanad Éireann held before that general election,

(b) consent to be nominated as a member of Seanad Éireann under Article 18.10 of the Constitution prior to the said general election for Seanad Éireann,

(c) consent to be nominated as a member of Seanad Éireann under Article 18.3 of the Constitution following the said general election for Seanad Éireann:

Provided also that if, contrary to the said declaration, the person is so elected or so nominated as a member of Seanad Éireann, he shall immediately refund to the appropriate authority any moneys paid to him under Regulation 5.

(1A) Notwithstanding the foregoing provisions of these Regulations--

(a) a person who ceases to be a member of Dáil Éireann for a reason other than as a result of a dissolution of Dáil Éireann or the death of the member and satisfies the requirements of paragraph (b) of Regulation 4, or

(b) a person who ceases to be a member of Seanad Éireann on a day other than the day preceding polling day at a general election for Seanad Éireann for a reason other than the death of the member and satisfies the requirements of paragraph (b) of Regulation 4,

may, on application in writing to the appropriate authority, be paid a termination allowance with effect from the date of such cesser:

Provided that, when so applying, he includes in the application a declaration that he does not propose to do any of the following:

(a) seek election to Dáil Éireann at the general election for Dáil Éireann next following such cesser or at any bye-election for Dáil Éireann held before that general election,

(b) seek election to Seanad Éireann at the general election for Seanad Éireann next following such cesser or at any bye-election for Seanad Éireann held before that general election,

(c) consent to be nominated as a member of Seanad Éireann under Article 18.10 of the Constitution prior to the said general election for Seanad Éireann.

(d) consent to be nominated as a member of Seanad Éireann under Article 18.3 of the Constitution following the said general election for Seanad Éireann:

Provided also that if, contrary to the said declaration, the person is so elected as a member of Dáil Éireann or Seanad Éireann, or so nominated as a member of Seanad Éireann, he shall immediately refund to the appropriate authority any moneys paid to him under Regulation 5.".

GIVEN under my Official Seal, this 7th day of April, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

These regulations allow for the payment of termination allowances, already available to most members of the Oireachtas on leaving the Oireachtas, in situations where a member leaves the Oireachtas in mid-term.