Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

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Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying parties and to independent members

2. Section 10 (inserted by section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001) of the Principal Act is amended by substituting the following for that section:

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

(a) members of that party elected to Dáil Éireann at the last preceding general election or a subsequent bye-election as members of that party —

(i) where not more than 10 members of that party are so elected, an annual allowance of €64,368 in respect of each member,

(ii) where more than 10 but not more than 30 members of that party are so elected, an annual allowance of—

(I) €64,368 in respect of each of the first to the tenth of them, and

(II) €51,493 in respect of each of the remainder,

or

(iii) where more than 30 members of that party are so elected, an annual allowance of—

(I) €64,368 in respect of each of the first to the tenth of them,

(II) €51,493 in respect of each of the eleventh to the thirtieth of them, and

(III) €25,754 in respect of each of the remainder,

and

(b) members of that party elected to Seanad Éireann at the last preceding general election or a subsequent bye-election or nominated to it after the last preceding general election, as members of that party —

(i) where not more than 5 members of that party are so elected or nominated, an annual allowance of €42,089 in respect of each member, or

(ii) where more than 5 members of that party are so elected or nominated, an annual allowance of—

(I) €42,089 in respect of each of the first to the fifth of them, and

(II) €21,045 in respect of each of the remainder.

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

(3) There may be paid, on request, to —

(a) an independent member of Dáil Éireann, in relation to expenses arising from the parliamentary activities, including research, of that member, an annual allowance of €37,037, and

(b) an independent member of Seanad Éireann, in relation to expenses arising from the parliamentary activities, including research, of that member, an annual allowance of €21,045.

(4) An allowance under this section shall not be paid if it is in relation to an expense that is otherwise reimbursed or provided for.

(5) Subject to the approval of the Houses of the Oireachtas Commission and to such exceptions, restrictions and conditions as may be provided for by regulations, secretarial facilities may be provided to a qualifying party for the purposes of facilitating the parliamentary activities of its elected members.

(6) An allowance paid under 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 to 2013,

(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament Elections Acts 1992 to 2013,

(c) the Presidential Elections Acts 1992 to 2006,

(d) the Referendum Acts 1992 to 2013,

(e) the Seanad Electoral (Panel Members) Acts 1947 to 2006, or

(f) the Seanad Electoral (University Members) Acts 1937 to 2006.

(7) An allowance paid under this section shall not be liable to income tax.

(8) An allowance under this section shall not 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 was the only member of the qualifying party so elected.

(9) Any allowance which is payable, and any facility which is to be provided, under this section shall be paid and provided in addition to any other allowance or salary payable, or any other facility provided, under the Oireachtas (Allowances to Members) Acts 1938 to 1998, or the Ministerial and Parliamentary Offices Acts 1938 to 2009.

(10) Allowances payable under this section shall, in respect of each member of Dáil Éireann or Seanad 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, or

(b) where subsection (3) applies, to each member concerned,

for such period in arrears as the Minister considers appropriate.

(11) If, after an allowance under this section for a particular period has become due and payable to the parliamentary leader of a qualifying party or to an independent member, a period of 6 months expires without the parliamentary leader or the member having claimed the allowance or part thereof, then, on that expiry, the allowance or part thereof (as the case may be) for the period first mentioned in this subsection shall cease to be payable.

(12) Where—

(a) the members of a qualifying party agree that from a specified date the party (referred to subsequently in this subsection as the ‘dissolved party’) shall stand dissolved and—

(i) that the dissolved party shall from that date amalgamate with, or

(ii) that all its members shall join,

a specified other qualifying party, and

(b) that other qualifying party agrees to give effect to that amalgamation or to grant membership to all the members of the dissolved party on the date specified,

then all members of the dissolved party who were elected as members of Dáil Éireann, elected as members of Seanad Éireann or nominated to Seanad Éireann, as members of that party at the last preceding general election, or at any subsequent bye-election before its dissolution, shall, for the purposes of subsection (1), from the date of dissolution of the dissolved party, be deemed to be members of that other party as if elected as members of Dáil Éireann, elected as members of Seanad Éireann or nominated to Seanad Éireann, as members of that other party at the last preceding general election or at a subsequent bye-election before such dissolution.

(13) The Houses of the Oireachtas Commission may make regulations for the purposes of subsection (5).”.