Houses of the Oireachtas Commission (Amendment) Act 2018

• Permanent Page URL

Office of Parliamentary Legal Advisers

6. The Principal Act is amended by inserting the following section after section 14B (inserted by section 5 ):

“14C.(1) There shall be established within the Service an Office to be known, in the Irish language, as Oifig na gComhairleoirí Dlí Parlaiminteacha and, in the English language, as the Office of Parliamentary Legal Advisers (in this section referred to as the ‘Office’).

(2) The Secretary General may assign a member of the staff of the Commission who has the requisite knowledge, skills and qualifications as the Chief Parliamentary Legal Adviser (in this section referred to as the ‘Chief Parliamentary Legal Adviser’) to perform the functions specified in subsection (4).

(3) There shall be assigned to the Office such and so many members of the staff of the Commission as the Secretary General considers appropriate to assist the Chief Parliamentary Legal Adviser in the performance of the functions specified in subsection (4).

(4) The Chief Parliamentary Legal Adviser shall, in addition to such other functions as the Secretary General may assign to him or her under section 16(1)(j), perform the following functions:

(a) manage and control generally the administration and business of the Office;

(b) arrange for the provision of legal advice and legal services (each within the meaning of section 2 of the Legal Services Regulation Act 2015 ) to—

(i) the Commission, including in relation to its functions under subsections (2)(f) and (7A) of section 4,

(ii) the Chairman of Dáil Éireann in his or her capacity as such,

(iii) the Chairman of Seanad Éireann in his or her capacity as such,

(iv) for the purposes of section 4(2)(e)—

(I) members of Dáil Éireann or Seanad Éireann as regards matters arising from their membership of Dáil Éireann or Seanad Éireann, and

(II) Oireachtas Committees,

and

(v) an officer of the Houses of the Oireachtas in his or her capacity as such and, in the case of the Clerk of Dáil Éireann, including in his or her capacity as Secretary General or as the Registrar of Political Parties under section 25 of the Electoral Act 1992 ;

(c) provide legal advice in relation to legislative proposals to, and prepare draft Bills and draft amendments of Bills for, members of Dáil Éireann or Seanad Éireann other than—

(i) a Minister of the Government or a Minister of State, or

(ii) the Leader of the House in Seanad Éireann, or such other member of Seanad Éireann authorised by the Government under Standing Orders of Seanad Éireann for the purpose of the initiation of a Bill by presentation.

(5) The Chief Parliamentary Legal Adviser shall provide to the Secretary General such information (including financial information) relating to the performance of his or her functions as the Secretary General may from time to time request.

(6) Subject to the consent of the Secretary General, the Chief Parliamentary Legal Adviser may authorise a member of the staff of the Commission assigned to the Office to perform his or her functions under this section on his or her behalf and, in the absence of the Chief Parliamentary Legal Adviser or if that post is vacant, the Secretary General may designate a member of the staff of the Commission to perform those functions.

(7) The Chief Parliamentary Legal Adviser shall have all such powers as are necessary or expedient for, or incidental to, the performance of his or her functions.

(8) Subject to this Act, the Chief Parliamentary Legal Adviser and the members of the staff of the Commission assigned to the Office shall be independent in the performance of the functions specified in any paragraph of subsection (4).”.