S.I. No. 20/2004 - Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) (Amendment) Order 2004

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) and 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 and 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 order as follows:

1.        This Order may be cited as the Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) (Amendment) Order 2004.

2.        The Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) Order 2002 ( S.I. No. 87 of 2002 ) is amended

(a)      by substituting the following for Article 4:

“4.       The amount payable under section 3 (1) of the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938) to each member of Dáil Éireann shall be taken to be as follows from 1 January 2004:

(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 €78,113.59 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 €80,605.83 per year, and

(c)     in the case of a member of Dáil Éireann who has not less than 10 years’ service as a member of the Oireachtas, an amount at the rate of €83,096.12 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 €78,113.59 per year, even if the member has 7 or more years of service as a member of the Oireachtas.”.

(b)      by substituting the following for Article 5:

“5.       The amount payable under section 3 (2) of the Oireachtas (Allowances to Members) Act 1938 to each member of Seanad Éireann shall be taken to be as follows from 1 January 2004:

(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 €54,679.61 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 €56,424.27 per year, and

(c)     in the case of a member of Seanad Éireann who has not less than 10 years’ service as a member of the Oireachtas, an amount at the rate of €58,166.99 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 €54,679.61 per year, even if the member has 7 or more years of service as a member of the Oireachtas.”.

(c)      by substituting the following for Article 7:

“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 January 2004:

(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 €171,210.67 per year, and

(b)       if that person is a member of either House of the Oireachtas, a sum not exceeding the rate of €93,097.09 per year.”.

Explanatory Note

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

In line with the recommendations contained in Report No.38 of the Review Body on Higher Remuneration in the Public Sector, the Order applies increases with effect from 1 January 2004 to the salaries of members of the Oireachtas and the Attorney General as a result of the increases recommended in the Report of the Public Service Benchmarking Body for the grade of Principal in the Civil Service. The Order does not reflect the new rates payable to TDs, Senators and the Attorney General arising from the application of the first-phase 3% increase due under the terms of the Sustaining Progress national wage agreement, with effect from 1 January 2004.