S.I. No. 333/2001 - Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) (No. 2) Order, 2001

The Government, in exercise of the powers conferred on it by section 3A (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 (No. 22 of 1973) as amended by the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001 (No. 33 of 2001)), and by section 8A (as so inserted and amended), of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938) hereby orders as follows:

1. This Order may be cited as the Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) (No. 2) Order, 2001.

2. In this Order a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph in the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. In this Order “Act of 1938” means the Ministerial and Parliamentary Offices Act, 1938 (No. 38 of 1938) .

4. (1) Subject to paragraph (2) the amount payable under section 3 (1) of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), to members of Dáil Éireann, shall be taken to be as follows from 1 March 2001:

(a) in the case of a member of Dáil Éireann other than one to whom subparagraph (b) or (c) applies, an amount at the rate of £45,473 per year,

(b) in the case of a member of Dáil Éireann who has not less than 7 years (but less than 10 years) service as a member of the Oireachtas, an amount at the rate of £46,924 per year, and

(c) in the case of a member of Dáil Éireann who has not less than ten years service as a member of the Oireachtas, an amount at the rate of £48,375 per year.

But if a member of Dáil Éireann holds an office to which Part II of the Act of 1938 applies, the amount payable to the member under this paragraph shall be an amount at the rate of £45,473 per year even if the member has 7 or more years of service as a member of the Oireachtas.

(2) The amount payable under section 3 (1) of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), to members of Dáil Éireann, shall be taken to be as follows from 1 July 2001:

(a) in the case of a member of Dáil Éireann other than one to whom subparagraph (b) or (c) applies, an amount at the rate of £48,965 per year,

(b) in the case of a member of Dáil Éireann who has not less than 7 years (but less than 10 years) service as a member of the Oireachtas, an amount at the rate of £50,527, and

(c) in the case of a member of Dáil Éireann who has not less than ten years service as a member of the Oireachtas, an amount at the rate of £52,089 per year.

But if a member of Dáil Éireann holds an office to which Part II of the Act of 1938 applies, the amount payable to the member under this paragraph shall be an amount at the rate of £48,965 per year even if the member has 7 or more years of service as a member of the Oireachtas.

5. (1) Subject to paragraph (2) the amount payable under section 3 (2) of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), to each member of Seanad Éireann, shall be taken to be as follows from 1 March 2001:

(a) in the case of a member of Seanad Éireann other than one to whom subparagraph (b) or (c) applies, an amount at the rate of £28,773 per year,

(b) in the case of a member of Seanad Éireann who has not less than 7 years (but less than 10 years) service as a member of the Oireachtas, an amount at the rate of £29,691 per year, and

(c) in the case of a member of Seanad Éireann who has not less than ten years service as a member of the Oireachtas, an amount at the rate of £30,609 per year.

But if a member of Seanad Éireann holds an office to which Part II of the Act of 1938 applies, the amount payable to the member under this paragraph shall be an amount at the rate of £28,773 per year even if the member has 7 or more years of service as a member of the Oireachtas.

(2) The amount payable under section 3 (2) of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), to members of Seanad Éireann, shall be taken to be as follows from 1 July 2001:

(a) in the case of a member of Seanad Éireann other than one to whom subparagraph (b) or (c) applies, an amount at the rate of £32,715 per year,

(b) in the case of a member of Seanad Éireann who has not less than 7 years (but less than 10 years) service as a member of the Oireachtas, an amount at the rate of £33,759 per year, and

(c) in the case of a member of Seanad Éireann who has not less than ten years service as a member of the Oireachtas, an amount at the rate of £34,803 per year.

But if a member of Seanad Éireann holds an office to which Part II of the Act of 1938 applies, the amount payable to the member under this paragraph shall be an amount at the rate of £32,715 per year even if the member has 7 or more years of service as a member of the Oireachtas.

6. (1) The amount payable under section 3(1) of the Act of 1938 shall be taken to be as follows from 1 July 2001:

(a) in the case of the Taoiseach, a sum not exceeding the rate of £94,165 per year,

(b) in the case of the Tánaiste, a sum not exceeding the rate of £73,906 per year, and

(c) in the case of a member of the Government, other than the Taoiseach or the Tánaiste a sum not exceeding the rate of £64,333 per year.

(2) The amount payable under section 3(2) of the Act of 1938 to a Minister of State shall be taken to be a sum not exceeding the rate of £28,469 per year from 1 July 2001.

7. The amount payable under section 4 of the Act of 1938 to the Attorney General shall be taken to be as follows from 1 July 2001:

(a) if the person who holds the office is not a member of either House of the Oireachtas, a sum not exceeding the rate of £113,298 per year, and

(b) if that person is a member of either House of the Oireachtas, a sum not exceeding the rate of £64,333 per year.

8. The amount payable under section 5 of the Act of 1938 shall be taken to be as follows from 1 July 2001:

(a) in the case of the Chairman of Dáil Éireann, a sum not exceeding the rate of £64,333 per year, and

(b) in the case of the Deputy Chairman of Dáil Éireann, a sum not exceeding the rate of £28,469 per year.

9. The amount payable under section 6 of the Act of 1938 shall be taken to be as follows from 1 July 2001:

(a) in the case of the Chairman of Seanad Éireann, a sum not exceeding the rate of £25,860 per year, and

(b) in the case of the Deputy Chairman of Seanad Éireann, a sum not exceeding the rate of £14,141 per year.

10. The amount payable under section 6A of the Act of 1938 to the Leader of Seanad Éireann shall be taken to be:

(a) from 17 September 1997, subject to paragraph (b) a sum not exceeding the rate of £10,000 per year,

(b) from 1 July 1999, a sum not exceeding the rate of £10,586 per year.

11. Articles 3(2) and 4(2) of the Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) Order, 2001 ( S.I. No. 37 of 2001 ) are revoked.

GIVEN under the Official Seal

of the Government,

18 July 2001

Mary Harney

Tanaiste

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation).

The Order applies increases with effect from 1 July 2001 to the salaries of members of the Oireachtas and Ministerial and Parliamentary office holders in line with the Government decision on the phasing of the pay increases recommended in Report No. 38 of the Review Body on Higher Remuneration in the Public Sector. The increases takes account of a general pay increase on 1 April 2001 under the terms of the Programme for Prosperity and Fairness.

On foot of the recommendations in the report of the Review Body, the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001 provided for the introduction of long service increments for members of the Oireachtas with effect from 25 September 2000. The Order provides for increases to these rates with effect from 1 March 2001 and 1 July 2001 in line with the Government decision on the phasing of the pay increases recommended by the Review Body. The increases takes account of a general pay increase on 1 April 2001 under the terms of the Programme for Prosperity and Fairness.

The Order also provides for increases to the salary of the Leader of Seanad Éireann in line with the increases applied to the allowance paid to the Leader of Seanad Éireann prior to its replacement, with effect from 17 September 1997, by a salary for the Leader of Seanad Éireann in the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act, 2001. The increases take account of general pay increases in the intervening period.