Houses of the Oireachtas Commission Act 2003

Functions of Commission.

4.—(1) The functions of the Commission shall be to provide for the running of the Houses of the Oireachtas and to administer and manage the Office of the Houses of the Oireachtas.

(2) Without prejudice to the generality of subsection (1), the Commission shall perform the following:

(a) to oversee ongoing expenditure,

(b) to pay the salaries and expenses of the Office of the Houses of the Oireachtas, including certain grants-in-aid and certain expenses in connection with the European Parliament, referred to in Schedule 1,

(c)  (i) subject to subparagraph (ii), to exercise the functions of the Minister, including any functions regarding the making of regulations insofar as they relate to those functions, in respect of the provision of secretarial facilities as provided for in the following enactments:

(I) section 10 of the Ministerial and Parliamentary Offices Act 1938 (inserted by section 5 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 and amended by section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 ), and

(II) section 2 of the Oireachtas (Allowances to Members) Act 1962 (as amended by section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 and by section 33 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ),

(ii) in relation to secretarial facilities referred to at subparagraph (i), to obtain the consent of the Minister before reaching an agreement with any person in relation to rates of pay, conditions of employment or superannuation rights,

(d) to exercise the functions of the Minister under section 4 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 ,

(e) to make legal advice available, in respect of matters arising on or after the establishment day, to—

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

(ii) Oireachtas Committees,

(f) subject to subsections (6) and (7)

(i) in relation to matters arising solely from the performance by them of their parliamentary functions as members of Dáil Éireann or of a Committee appointed by Dáil Éireann, and where authorised by Dáil Éireann to do so on behalf of such members, and in accordance with the terms of such authorisation, to—

(I) initiate legal proceedings as plaintiff or applicant,

(II) seek leave to intervene in existing legal proceedings,

(III) seek leave to be joined as a notice party in legal proceedings,

(ii) in relation to matters arising solely from the performance by them of their parliamentary functions as members of Seanad Éireann or of a Committee appointed by Seanad Éireann, and where authorised by Seanad Éireann to do so on behalf of such members, and in accordance with the terms of such authorisation, to—

(I) initiate legal proceedings as plaintiff or applicant,

(II) seek leave to intervene in existing legal proceedings,

(III) seek leave to be joined as a notice party in legal proceedings,

(iii) in relation to matters arising solely from the performance by them of their parliamentary functions as members of a Committee appointed by both Dáil Éireann and Seanad Éireann, and where authorised by Dáil Éireann and Seanad Éireann to do so on behalf of such members, and in accordance with the terms of such authorisation, to—

(I) initiate legal proceedings as plaintiff or applicant,

(II) seek leave to intervene in existing legal proceedings,

(III) seek leave to be joined as a notice party in legal proceedings,

(iv) in relation to any legal proceedings initiated against members of Dáil Éireann, or of a Committee appointed by Dáil Éireann, as regards matters arising solely from the performance by them of their parliamentary functions as such members, and where authorised by Dáil Éireann to do so on behalf of such members and in accordance with the terms of the authorisation, to conduct the defence of such proceedings on behalf, or for the benefit, of such members,

(v) in relation to any legal proceedings initiated against members of Seanad Éireann, or of a Committee appointed by Seanad Éireann, as regards matters arising solely from the performance by them of their parliamentary functions as such members, and where authorised by Seanad Éireann to do so on behalf of such members, and in accordance with the terms of the authorisation, to conduct the defence of such proceedings on behalf, or for the benefit, of such members,

(vi) in relation to any legal proceedings initiated against members of a Committee appointed by both Dáil Éireann and Seanad Éireann, as regards matters arising solely from the performance by them of their parliamentary functions as such members, and where authorised by Dáil Éireann and Seanad Éireann to do so on behalf of such members, and in accordance with the terms of the authorisation, to conduct the defence of such proceedings on behalf, or for the benefit, of such members,

(g) to perform the functions in relation to staff of the Commission specified in section 12 ,

(h) to prepare and publish an annual report in accordance with section 6 ,

(i) to produce handbooks and information relevant to the business of the Houses of the Oireachtas for members of the Houses of the Oireachtas,

(j) to prepare an annual statement of estimates in accordance with section 13 , and

(k) to keep accounts in accordance with section 14 .

(3) The functions of the Minister, other than functions that relate to reaching an agreement with any person in relation to rates of pay, conditions of employment or superannuation rights, in respect of the provision of secretarial facilities under the following enactments, including functions in relation to the making of regulations, are transferred to the Commission on and from the establishment day:

(a) section 10 of the Ministerial and Parliamentary Offices Act 1938 (inserted by section 5 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 and amended by section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 ), and

(b) section 2 of the Oireachtas (Allowances to Members) Act 1962 (as amended by section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 and by section 33 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ).

(4)(a) The functions of the Minister under section 4 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 , are transferred to the Commission on and from the establishment day.

(b) Section 4 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 is amended by deleting the words “Where an injury is claimed to have been sustained” where they appear in subsections (1) and (2) and substituting them with “Subject to section 4 (4)(a) of the Houses of the Oireachtas Commission Act 2003, where an injury is claimed to have been sustained”.

(5) The Commission has the powers that are necessary for or incidental to the performance of its functions under this Act.

(6) In this section “legal proceedings” means proceedings before a court or other tribunal including an arbitrator in respect of a cause of action accruing on or after the establishment day.

(7) Legal proceedings referred to in subsection (2)(f) or an order made in relation to them shall not be affected by a dissolution of Dáil Éireann or a general election for Seanad Éireann after the dissolution.

(8)(a) In any legal proceedings referred to at subsection (2)(f) against members of a Committee appointed by Dáil Éireann or Seanad Éireann, or a Committee appointed by both Dáil Éireann and Seanad Éireann it shall be sufficient—

(i) where the Committee is still in existence when the proceedings are commenced, to name the Chairperson of that Committee to conduct the defence of such proceedings in such cause or matter, on behalf, or for the benefit, of all members so interested,

(ii) where the Committee has ceased to exist before the proceedings are commenced, to name the Commission to conduct the defence of such proceedings in such cause or matter, on behalf, or for the benefit, of all members so interested.

(b) In any legal proceedings referred to at paragraph (a)(i) where the Committee ceases to exist after the proceedings are commenced, the Commission shall be taken to be the Chairperson of the Committee to defend the proceedings in such cause or matter, on behalf, or for the benefit, of all members so interested.

(c) In any legal proceedings referred to at paragraph (a)(ii), it shall not be necessary for the Commission to obtain an authorisation from—

(i) Dáil Éireann to conduct the defence of proceedings against members of a Committee appointed by Dáil Éireann,

(ii) Seanad Éireann to conduct the defence of proceedings against members of a Committee appointed by Seanad Éireann, or

(iii) Dáil Éireann and Seanad Éireann to conduct the defence of proceedings against members of a Committee appointed by Dáil Éireann and Seanad Éireann.