S.I. No. 101/1998:

OIREACHTAS (ALLOWANCES TO MEMBERS) (TRAVELLING FACILITIES AND OVERNIGHT ALLOWANCE) REGULATIONS, 1998.

OIREACHTAS (ALLOWANCES TO MEMBERS) (TRAVELLING FACILITIES AND OVERNIGHT ALLOWANCE) REGULATIONS, 1998.

I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by sections 1 (inserted by section 2 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996 (No. 39 of 1996), as amended by section 15 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998 (No. 5 of 1998) ("the Act of 1998")) and 3 (as amended by section 17 of the Act of 1998) of the Oireachtas (Allowances to Members) Act, 1962 (No. 32 of 1962), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 81 of 1987 ), and section 5 (as amended by section 18 of the Act of 1998) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1964 (No. 14 of 1964), and the Order aforesaid, hereby make the following regulations:

1. (1) These Regulations may be cited as the Oireachtas (Allowances to Members) (Travelling Facilities and Overnight Allowance) Regulations, 1998.

(2) Regulation 3 shall be deemed to have come into operation on the 6th day of June, 1997.

(3) These Regulations (other than Regulation 3) shall come into operation on the 1st day of May, 1998.

2. (1) In these Regulations, save where the context otherwise requires--

"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;

"member" means a member of Dáil Éireann or a member of Seanad Éireann;

"the Regulations of 1994" means the Oireachtas (Allowances to Members) (Travelling Facilities) (Amendment) Regulations, 1994 ( S.I. No. 343 of 1994 );

"relevant period" shall be construed in accordance with Regulation 6.

(2) In these Regulations--

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

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

3. Regulation 3 of the Regulations of 1994 is hereby amended in paragraph (a) by the substitution of "£45.00", for "£26.40".

4. The following facilities are hereby prescribed as the travelling facilities for the purposes of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), for members:

(a) in cases in which, the normal place of residence of a member being within 15 miles of Dublin, he or she travels to Dublin, an allowance of £45.00 for each day upon which he or she so travels, together with such amounts (if any) as correspond to the amounts of any increases on or after the 1st day of January 1998, in the rates of the mileage allowance specified in paragraph (b) (ii) (I) in force on or after that day,

(b) in cases in which, the normal place of residence of a member being more than 15 miles from Dublin, he or she travels to Dublin, an allowance calculated, at his or her option (which shall be exercised in accordance with Regulation 5), by the application of either of the following subparagraphs:

(i) an allowance of £45.00 for each day upon which he or she so travels, together with such amounts (if any) as correspond to the amounts of any increases on or after the 1st day of January 1998, in the rates of the mileage allowance specified in paragraph (b) (ii) (I) in force on or after that day,

or

(ii) where the member travels--

(I) in his or her own motor car, a mileage allowance at the rates payable to civil servants in respect of each relevant period, or

(II) other than in his or her own motor car, such travelling expenses in respect of such travel as, in the opinion of the Minister for Finance, are reasonably incurred in respect of each relevant period.

5. A member to whom paragraph (b) of Regulation 4 applies--

(a) shall exercise the option referred to in that paragraph once and once only for each relevant period in respect of which the member is entitled to an allowance under that paragraph, and

(b) shall notify the appropriate authority in writing of such exercise,

and the allowance shall not be paid to the member for any relevant period until the appropriate authority receives such notification in respect of that period.

6. (1) Subject to Regulation 7(2), "relevant period", in relation to a member of Dáil Éireann, means--

(a) in any year in which there is a dissolution of Dáil Éireann, the period between the 1st day of January in the year and the day of such dissolution next following that day,

(b) in any year in which there is a general election for Dáil Éireann, the period between the polling day of that general election and--

(i) the day of the dissolution of Dáil Éireann next following that polling day, or

(ii) the 31st day of December in that year,

whichever is the earlier, and

(c) in any other case, the period of 12 months beginning on the 1st day of January in any year.

(2) Subject to Regulation 7(2), a "relevant period", in relation to a member of Seanad Éireann, means--

(a) in any year in which there is a general election for Seanad Éireann--

(i) the period between the 1st day of January in that year and the day immediately preceding the polling day of the general election for Seanad Éireann next following the 1st day of January in that year, and

(ii) the period between the polling day of any general election for Seanad Éireann and--

(I) the day immediately preceding the polling day of the general election for Seanad Éireann next following that polling day, or

(II) the 31st day of December in that year,

whichever is the earlier, and

(b) in any other case, the period of 12 months beginning on the 1st day of January in any year.

7. (1) Where a member to whom paragraph (b) of Regulation 4 applies is entitled to an allowance for travelling facilities--

(a) under paragraph (a) of Regulation 3 of the Regulations of 1994, or

(b) in a case in which the member opts to have the allowance calculated in accordance with paragraph (a) of the said Regulation 3, under paragraph (b) of that Regulation,

in respect of any day of the period between the 1st day of January, 1998, and the 30th day of April, 1998, and the member opts, in accordance with Regulation 5, to have the allowance for travelling facilities payable to him or her under these Regulations calculated in accordance with subparagraph (ii) of paragraph (b) of Regulation 4, then, for the purposes of that calculation, the member shall, in relation to each day in that period in respect of which an allowance for travelling facilities under the Regulations of 1994 was paid, or is payable, to him or her--

(i) be deemed to have travelled twice the distance between his or her normal place of residence and Dublin, and

(ii) to have been paid the appropriate allowance under these Regulations in respect of such travel.

(2) Where a member to whom paragraph (b) of Regulation 4 applies is entitled to an allowance for travelling facilities--

(a) under paragraph (b) of Regulation 3 of the Regulations of 1994, in a case in which the member opts to have the allowance calculated in accordance with paragraph (c) of that Regulation, or

(b) under paragraph (c) of the said Regulation 3,

in respect of the period between the 1st day of January, 1998, and the 30th day of April, 1998, and the member opts, in accordance with Regulation 5, to have the allowance for travelling facilities payable to him or her under these Regulations calculated in accordance with subparagraph (ii) of paragraph (b) of Regulation 4, then, for the purposes of that calculation--

(i) the first relevant period for the purposes of these Regulations shall be deemed to include the period between the 1st day of January, 1998, and the 30th day of April, 1998, and

(ii) the member shall be deemed to have been paid the appropriate allowance under these Regulations for travelling facilities during that period.

8. The area, all places in which are within 15 miles of Leinster House, is hereby declared to be for the purposes of section 1 (inserted by section 2 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996 (No. 39 of 1996), and amended by section 15 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) Act, 1962 (No. 32 of 1962), the Dublin area.

9. Payment of the overnight allowance under section 1 (inserted and amended as aforesaid) of the Oireachtas (Allowances to Members) Act, 1962, shall be made only to a member to whom paragraph (b) of Regulation 4 applies and who opts for the allowance specified in subparagraph (ii) of that paragraph.

10. (1) An allowance for travelling facilities under Regulation 4 shall not be provided and paid to a member unless a claim in writing for such facilities is lodged by the member with the appropriate authority within the period determined in accordance with paragraph (2).

(2) The period referred to in paragraph (1) is such period of not less than 100 days from the day on which the allowance referred to in that paragraph becomes payable to a member as the appropriate authority may, from time to time in consultation with the Chairman of the House of the Oireachtas of which he or she is Clerk, determine.

11. The following Regulations are hereby revoked:

(a) the Oireachtas (Allowances to Members) Regulations, 1963 ( S.I. No. 4 of 1963 ), and

(b) the Oireachtas (Allowances to Members) (Travelling Facilities) (Amendment) Regulations, 1994.

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

CHARLIE McCREEVY, T.D.

Minister for Finance.

EXPLANATORY NOTE.

These Regulations amend existing regulations which provide for the payment of overnight and travel expense allowances to Members of the Oireachtas.