S.I. No. 276/1991 - Oireachtas (Allowances To Members) (Amendment) Regulations, 1991.

S.I. No. 276 of 1991.

OIREACHTAS (ALLOWANCES TO MEMBERS) (AMENDMENT) REGULATIONS, 1991.

I, ALBERT REYNOLDS, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Oireachtas (Allowances to Members) Act, 1962 (No. 32 of 1962), hereby make the following regulations:

1. (1) These Regulations may be cited as the Oireachtas (Allowances to Members) (Amendment) Regulations, 1991.

(2) The Oireachtas (Allowances to Members) Regulations, 1963 to 1984, and these Regulations may be cited together as the Oireachtas (Allowances to Members) Regulations, 1963 to 1991.

2. (1) Free postal facilities arising out of his parliamentary duties granted to a member of Dáil Éireann or Seanad Éireann shall be subject to the following exceptions, restrictions and conditions:

( a ) the facilities shall not commence until the member first becomes, by compliance with the Standing Orders of the House of which he is a member, entitled, under the Standing Orders of that house, to sit in that House as a member thereof;

( b ) the facilities shall not be exercised save by means of envelopes which, on application made by the member concerned to the Clerk of Dáil Éireann or the Clerk of Seanad Éireann, as may be appropriate, shall be issued for the purposes of the Oireachtas (Allowances to Members) Regulations, 1963 to 1991;

( c ) envelopes issued for the purposes of the Oireachtas (Allowances to Members) Regulations, 1963 to 1991, shall be prepaid in the following manner, that is to say—

(i) at the ordinary inland letter post rate for Post Office preferred size envelopes (which envelopes are subsequently referred to in this Regulation as "ordinary prepaid envelopes"), or

(ii) at a rate which is one and a half times such letter post rate (which envelopes are so referred to as "prepaid (intermediate size) envelopes"), or

(iii) at a rate which is three times such letter post rate (which envelopes are so referred to as "prepaid (large size) envelopes"), or

(iv) at a rate equivalent to the standard rate for a 20 gramme airmail letter to destinations outside Europe (which envelopes are so referred to as "prepaid (airmail) envelopes");

( d ) each such member shall be entitled to receive a monthly allocation of ordinary prepaid envelopes not exceeding—

(i) in case the member is a party whip, the number obtained by adding—

(I) the number which is equal to the number of members for the time being of the Parliamentary Party of which he is whip when multiplied by five, and

(II) 1,250,

(ii) in any other case, 1,250;

( e ) in case as regards a particular month such a member receives no ordinary prepaid envelopes or less than 1,250 such envelopes, his allocation as regards that month of such envelopes or, as may be appropriate, the remainder of such allocation shall be forfeited;

( f ) a member shall be entitled to receive prepaid (intermediate size) envelopes if, and only if, as regards any two of such envelopes he surrenders to the Clerk of Dáil Éireann or the Clerk of Seanad Éireann, as may be appropriate, three ordinary prepaid envelopes previously issued to him;

( g ) a member shall be entitled to receive prepaid (airmail) envelopes if, and only if, as regards any three of such envelopes he surrenders to the Clerk of Dáil Éireann or the Clerk of Seanad Éireann, as may be appropriate, five ordinary prepaid envelopes previously issued to him;

( h ) a member shall be entitled to receive prepaid (large size) envelopes if, and only if, as regards each such envelope he surrenders to the Clerk of Dáil Éireann or the Clerk of Seanad Éireann, as may be appropriate, three ordinary prepaid envelopes previously issued to him;

( i ) letters sent by means of prepaid (airmail) envelopes shall not be posted save by the Clerk of Dáil Éireann or the Clerk of Seanad Éireann, as may be appropriate, after having been delivered to him for posting and any postal charge owing on such a letter over and above the prepaid amount shall be paid to the Clerk of Dáil Éireann or the Clerk of Seanad Éireann, as may be appropriate, by or on behalf of the member at the time such letters are delivered to him for posting;

( j ) the facilities may be withdrawn in whole or in part in respect of any month as may be determined by the Committee on Procedure and Privileges of Dáil Éireann or by the Committee on Procedure and Privileges of Seanad Éireann, as may be appropriate, from any member who has allowed another party to send by means of prepaid envelopes issued to the member letters not arising from the member's parliamentary duties;

( k ) any question or dispute concerning matters of fact regarding whether a member has allowed another party to send by means of prepaid envelopes issued to the member letters not arising from the member's parliamentary duties shall be referred to and determined by:

(i) in case the member is a member of Dáil Éireann, the Committee on Procedure and Privileges of Dáil Éireann or, if at the time the reference falls to be made, that Committee does not stand appointed, the Chairman of Dáil Éireann,

(ii) in case the member is a member of Seanad Éireann, the Committee on Procedure and Privileges of Seanad Éireann or, if at the time the reference falls to be made, that Committee does not stand appointed, the Chairman of Seanad Éireann,

and every such determination shall be final.

(2) For the purposes of this Regulation the number of members of a Parliamentary Party shall be the number equal to the number of persons each of whom is for the time being—

( a ) a member of the particular political party concerned (being a political party registered in the Register of Political Parties for the purposes of section 13 of the Electoral Act, 1963 (No. 19 of 1963)), and

( b ) a member of the Oireachtas or a representative in the European Parliament:

Provided that where a member of the Oireachtas is for the time being such a representative, then for the said purposes the fact that he is such a representative shall be disregarded.

3. Regulation 3 of the Oireachtas (Allowances to Members) (Amendment) Regulations, 1984 ( S.I. No. 126 of 1984 ), is hereby revoked.

GIVEN under my Official Seal, this 25th day of October, 1991.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide:—

(1) That each member of the Oireachtas shall be provided with 1,250 ordinary prepaid envelopes per month.

(2) That each Party Whip shall have an additional monthly allocation of ordinary prepaid envelopes, equal to 5 times the number of Parliamentary Party members in the party concerned.

(3) That a member may exchange ordinary prepaid envelopes for an intermediate size envelope, a large size envelope or an airmail envelope. The basis on which the prepaid envelopes may be exchanged shall be

—three ordinary envelopes for two intermediate size envelopes or one large size envelope

and

—five ordinary envelopes for three airmail envelopes (which may only be posted by the Clerk of Dáil Éireann or Seanad Éireann as appropriate).

(4) That free postal facilities may be withdrawn in whole or in part from a member who permits the use of his postal allocation by a third party for purposes other than those arising from his parliamentary duties.

[Note: The provisions at (1) and (2) above were included in previous Regulations.]