S.I. No. 87/2002 - Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) Order 2002

The Government, in exercise of the powers conferred on them by section 3A (inserted by Section 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 (No. 22 of 1973) as amended by section 25 of the Ministerial Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (No. 33 of 2001)) of the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938), and by section 8A (inserted by section 11 of the Oireachtas (Allowances to Members and Ministerial and Parliamentary Offices (Amendment) Act 1973 as amended by section 8 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ), of the Ministerial and Parliamentary Offices Act 1938 (No. 38 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) Order 2002.

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. The amounts payable to members of Dáil Éireann under section 3 (1) of the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938) from 1 April 2002 shall be:

(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 €69,050.90 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 €71,253.89 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 €73,454.35 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 €69,050.90 per year even if the member has 7 or more years of service as a member of the Oireachtas.

5. The amounts payable to members of Seanad Éireann under section 3 (2) of the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938 from 1 April 2002 shall be:

(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 €48,335.63 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 €49,877.72 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 €51,418.05 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 €48,335.63 per year even if the member has 7 or more years of service as a member of the Oireachtas.

6. (1) The amounts payable under section 3(1) of the Act of 1938 from 1 April 2002 shall be:

(a) in the case of the Taoiseach, a sum not exceeding the rate of €132,761.10 per year,

(b) in the case of the Tánaiste, a sum not exceeding the rate of €103,931.10 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 €89,516.10 per year.

(2) The amount payable under section 3(2) of the Act of 1938 from 1 April 2002 to a Minister of State shall be taken to be a sum not exceeding the rate of €39,062.10 per year.

7. The amounts payable under section 4 of the Act of 1938 from 1 April 2002 to the Attorney General shall be:

(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 €158,567.00 per year and

(b) if that person is a member of either House of the Oireachtas, a sum not exceeding the rate of €89,516.10 per year.

8. The amounts payable under section 5 of the Act of 1938 from 1 April 2002 shall be:

(a) in the case of the Chairman of Dáil Éireann, a sum not exceeding the rate of €89,516.10 per year, and

(b) in the case of the Deputy Chairman of Dáil Éireann, a sum not exceeding the rate of €39,062.10 per year.

9. The amounts payable under section 6 of the Act of 1938 from 1 April 2002 shall be:

(a) in the case of the Chairman of Seanad Éireann, a sum not exceeding the rate of €35,272.37 per year, and

(b) in the case of the Deputy Chairman of Seanad Éireann, a sum not exceeding the rate of €19,415.37 per year.

GIVEN under the Official Seal

of the Government,

7 March 2002

Bertie Ahern

Taoiseach

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 April 2002 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.

Published by the Government Supplies Agency, Dublin.