Oireachtas (Payment of Members) Act, 1933

Provisions for certain special cases.

3.—(1) If—

(a) a member of the Oireachtas is prevented by illness or by some other involuntary and innocent cause from so complying with the Standing Orders of the House of which he is a member as to become entitled under those Standing Orders to sit as a member of the said House on the first day on which such House sits after his then last election thereto, and

(b) such member so complies with the said Standing Orders as to be entitled thereunder to sit as a member of the said House on the first day on which such House sits after such illness or other cause has ceased,

then and in that case such member shall be deemed for the purposes of the Oireachtas (Payment of Members) Acts as amended by this Act to have so complied with the said Standing Orders as to have been entitled thereunder to sit in the said House as a member thereof on the first day on which such House sat after his then last election thereto.

(2) Notwithstanding anything contained in the Oireachtas (Payment of Members) Acts as amended by this Act, a member of the Oireachtas shall be entitled to receive and be paid travelling facilities under those Acts as so amended in respect of travelling once to Dublin for the purpose of so complying with the Standing Orders of the House of which he is a member as to become entitled under the said Standing Orders to sit as a member of such House, and shall be entitled so to receive and be paid such travelling facilities in all respects as if such travelling had taken place after the commencement of his right to receive and be paid travelling facilities under the said Acts as so amended.

(3) If any question or dispute shall arise as to whether, or the extent to which, a member of the Oireachtas is entitled to the benefit of either of the foregoing sub-sections of this section, such question or dispute shall be determined—

(a) in the case of a member of Dáil Eireann, by the Ceann Comhairle, and

(b) in the case of a member of Seanad Eireann, by the Cathaoirleach,

and in every such case the determination of the Ceann Comhairle or the Cathaoirleach (as the case may be) shall be final.