Ministerial and Parliamentary Offices Act, 1938

PART III.

Allowances to Leaders of Certain Parties in DÁil Eireann.

Definitions for the purposes of Part III.

9.—(1) In this Part of this Act—

the expression “the Second Party” means—

(a) in case there are for the time being more than two Parties in Dáil Eireann, that one of the Parties (excluding the Government Party) in Dáil Eireann which has for the time being the greatest numerical strength in Dáil Eireann;

(b) in any other case, the Party in Dáil Eireann which is not the Government Party;

the expression “the Third Party” means that one of the Parties (excluding the Government Party) in Dáil Eireann which has for the time being the second greatest numerical strength in Dáil Eireann, and in respect of which the following conditions are complied with, that is to say:—

(c) that it contested the then next preceding general election for members of Dáil Eireann as an organised party, and

(d) that not less than seven members of that Party were elected at such general election;

the expression “the Leader of the Second Party” means the member of Dáil Eireann who is for the time being the Leader of the Second Party;

the expression “the Leader of the Third Party” means the member of Dáil Eireann who is for the time being the Leader of the Third Party.

(2) If any question should at any time arise as to—

(a) which (if any) Party in Dáil Eireann is the Second Party,

or

(b) which (if any) Party in Dáil Eireann is the Third Party, the following provisions shall have effect, that is to say:—

(i) the matter shall be decided by the Chairman of Dáil Eireann who shall give his decision in writing signed by him, and such decision shall for the purposes of this Act be final and conclusive and binding on all persons and tribunals whatsoever,

(ii) if two or more Parties in Dáil Eireann are of equal numerical strength in Dáil Eireann, the Chairman of Dáil Eireann shall, in giving any decision under this sub-section, have regard to the relative numbers in which such Parties were returned to Dáil Eireann at general elections held prior to the then next preceding general election for members of Dáil Eireann.