Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996

Allowances in respect of qualifying parties, etc.

5.—The Ministerial and Parliamentary Offices Act, 1938 , is hereby amended—

(a) by the substitution for paragraph (g) of subsection (1) of section 8A (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 ) of the following:

“(g) an annual sum payable pursuant to section 10 (inserted by the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act, 1996) of this Act.”,

(b) by the deletion of section 9 and section 9A (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 ),

(c) by the substitution of the following for section 10:

“10.—(1) In respect of expenses arising from the parliamentary activities, including research, of a qualifying party, there may be paid to the parliamentary leader of such party where he or she is a member of Dáil Éireann—

(a) in respect of not more than 5 members of that party elected to Dáil Éireann at the last preceding general election as a member of that party or elected to Dáil Éireann as a member of that party at a subsequent bye-election, an annual allowance of £25,000 in respect of each such member,

(b) in respect of more than 5 members but not more than 10 members of that party elected to Dáil Éireann at the last preceding general election as a member of that party or elected to Dáil Éireann as a member of that party at a subsequent bye-election, an annual allowance of £20,000 in respect of each such member,

(c) in respect of more than 10 members but not more than 60 members of that party elected to Dáil Éireann at the last preceding general election as a member of that party or elected to Dáil Éireann as a member of that party at a subsequent bye-election, an annual allowance of £10,000 in respect of each such member,

(d) in respect of more than 60 members of that party elected to Dáil Éireann at the last preceding general election as a member of that party or elected to Dáil Éireann as a member of that party at a subsequent bye-election, an annual allowance of £5,000 in respect of each such member.

(2) In the case of a qualifying party forming or forming part of the Government, the combined allowances under subsection (1) of this section shall be reduced by one-third.

(3) The total amount paid under subsection (1) of this section shall be reduced by such amount as the Minister for Finance may specify where the parliamentary leader of a qualifying party is provided with a vehicle, or a vehicle and driver, paid for out of public funds.

(4) Subject to subsection (8) of this section, there may be paid to a member of Dáil Éireann who at the preceding general election or at a subsequent bye-election was elected as a member of Dáil Éireann other than as a member of a qualifying party an annual allowance in connection with his or her parliamentary activities of £10,000.

(5) An allowance paid by virtue of this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts, 1923 to 1990, or the Electoral Acts, 1992 and 1995,

(b) the European Parliament Elections Acts, 1977 to 1993,

(c) the Presidential Elections Acts, 1937 and 1992, or the Presidential Elections Acts, 1992 and 1993,

(d) the Referendum Acts, 1942 to 1992, or the Referendum Acts, 1992 and 1994,

(e) the Seanad Electoral (Panel Members) Acts, 1947 to 1972, or

(f) the Seanad Electoral (University Members) Acts, 1937 to 1973.

(6) An allowance paid by virtue of this section shall not be liable to income tax.

(7) No allowance under this section shall be paid or be payable in respect of the period in office of the Ceann Comhairle where at the last preceding general election or at a subsequent bye-election he or she was elected as a member of Dáil Éireann—

(a) other than as a member of a qualifying party, or

(b) as a member of a qualifying party but is the only member of the qualifying party so elected.

(8) An allowance, other than an allowance under subsection (4) of this section, which is payable by virtue of this section shall be paid in addition to any other allowance or salary payable to a member under the Oireachtas (Allowances to Members) Acts, 1938 to 1996, or the Ministerial and Parliamentary Offices Acts, 1938 to 1996.

(9) Allowances payable by virtue of this section shall, in respect of each member of Dáil Éireann, be calculated for each week the person was at any time during that week a member thereof, and it shall be paid—

(a) to each qualifying parliamentary party leader at the time of payment, or

(b) where subsection (4) of this section applies, to each member concerned,

for such period in arrears as the Minister for Finance considers appropriate.

(10) In this section ‘qualifying party’ means a political party registered in the Register of Political Parties under section 25 of the Electoral Act, 1992 , which contested the last preceding general election or any subsequent bye-elections and which had a member or members elected to Dáil Éireann at that general election or at any subsequent bye-election.”,

and

(d) by the deletion of section 11.