Houses of the Oireachtas Commission Act 2003
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Application of Civil Service Regulation Act 1956 as applied or amended by Part IV of Staff of the Houses of the Oireachtas Act 1959. |
20.—(1) Section 2(1)(aa) of the Civil Service Regulation Act 1956 , as inserted by section 18(1) of the Staff of the Houses of the Oireachtas Act 1959 , is amended— | |
(a) by substituting the following for paragraphs (aa) and (ab): | ||
“(aa) in relation to a civil servant who is the Secretary General of the Office of the Houses of the Oireachtas or the Clerk-Assistant of Dáil Éireann, in respect of matters directly related to the business of Dáil Éireann, the Chairman of Dáil Éireann, in all other respects, the Houses of the Oireachtas Commission, | ||
(ab) in relation to a civil servant who is the Clerk or Clerk-Assistant of Seanad Éireann, in respect of matters directly related to the business of Seanad Éireann, the Chairman of Seanad Éireann, in all other respects, the Houses of the Oireachtas Commission,”, | ||
(b) by inserting the following paragraphs after paragraph (ab) (inserted by paragraph (a)): | ||
“(ac) in relation to a civil servant who is the Superintendent, Houses of the Oireachtas or the Captain of the Guard, Houses of the Oireachtas— | ||
(i) in respect of matters directly related to the business of Dáil Éireann, the Chairman of Dáil Éireann, | ||
(ii) in respect of matters directly related to the business of Seanad Éireann, the Chairman of Seanad Éireann, | ||
(iii) in all other respects, the Houses of the Oireachtas Commission, | ||
(ad) in relation to a member of the joint staff of the Houses of the Oireachtas, the Houses of the Oireachtas Commission,”. | ||
(2) The Staff of the Houses of the Oireachtas Act 1959 , as it applies to the Civil Service Regulation Act 1956 , is amended— | ||
(a) in section 20— | ||
(i) in paragraph (a), by inserting “following consultation by him with the Houses of the Oireachtas Commission,” after “Chairman of Dáil Éireann,”, | ||
(ii) in paragraph (b), by inserting “following consultation by him with the Houses of the Oireachtas Commission,” after “Chairman of Seanad Éireann,”, | ||
(iii) in paragraph (c), by substituting “Chairman of Dáil Éireann, the Chairman of Seanad Éireann and the Houses of the Oireachtas Commission”, for “Chairman of Dáil Éireann and the Chairman of Seanad Éireann,”, | ||
(iv) in paragraph (d), by inserting “and the Houses of the Oireachtas Commission,” after “Chairman of Seanad Éireann,”, | ||
(b) in section 21— | ||
(i) in subsection (1)— | ||
(I) by substituting the following for the definition of “the appropriate authority”: “ ‘the appropriate authority’ means the Houses of the Oireachtas Commission;”, and | ||
(II) by deleting the definition of “the chairman”, | ||
(ii) by substituting the following for subsection (2): | ||
“(2) (a) The Chairman of Dáil Éireann may suspend from duty a civil servant to whom this section applies, who, while employed on duties directly related to the business of Dáil Éireann, is guilty of grave misconduct warranting disciplinary action, | ||
(b) The Chairman of Seanad Éireann may suspend from duty a civil servant to whom this section applies, who, while employed on duties directly related to the business of Seanad Éireann, is guilty of grave misconduct warranting disciplinary action.”, | ||
(iii) by substituting the following for subsection (3): | ||
“(3) (a) The Chairman of Dáil Éireann may terminate the suspension of a civil servant to whom this section applies who is suspended under paragraph (a) of subsection (2) of this section, | ||
(b) The Chairman of Seanad Éireann may terminate the suspension of a civil servant to whom this section applies who is suspended under paragraph (b) of subsection (2) of this section.”, | ||
(iv) by substituting the following for subsection (4): | ||
“(4) Where the Chairman of Dáil Éireann or the Chairman of Seanad Éireann terminates the suspension of a civil servant under subsection (3) of this section and restores him or her to duty— | ||
(a) the appropriate authority, if satisfied that considerations of equity so require, shall direct that ordinary remuneration, in whole or in part, as the appropriate authority may direct, shall be paid to that civil servant in respect of the period of suspension, | ||
(b) before the appropriate authority decides not to give a direction under paragraph (a) of this subsection or decides to give a direction under that paragraph for payment of part only of ordinary remuneration, the civil servant shall be invited by the Commission to make representations to it in relation to the matter and the Commission shall consider any such representation made to it.”. |