Houses of the Oireachtas Commission (Amendment) Act 2018

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Amendment of section 4 of Principal Act

3. Section 4 of the Principal Act is amended—

(a) in subsection (2)—

(i) in paragraph (c)(i), by substituting the following clause for clause (II):

“(II) subsection (1)(c) (inserted by section 3 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 ) of section 2 of the Oireachtas (Allowances to Members) Act 1962 ,”,

(ii) by inserting the following paragraph after paragraph (c):

“(ca) to make fiscal and economic information, analysis and advice available to the Houses of the Oireachtas and Oireachtas Committees,”,

and

(iii) in paragraph (f), by inserting “and without prejudice to subsection (7A)” after “subject to subsections (6) and (7)”,

(b) in subsection (2F) (inserted by section 3 of the Houses of the Oireachtas Commission (Amendment) Act 2013 ), by substituting—

(i) in the Irish text, “uair amháin gach 10 mbliana ar a laghad” for “uair amháin gach 7 mbliana ar a laghad”, and

(ii) in the English text, “not less than once every 10 years” for “not less than once every 7 years”,

(c) in subsection (3), by substituting the following paragraph for paragraph (b):

“(b) subsection (1)(c) (inserted by section 3 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 ) of section 2 of the Oireachtas (Allowances to Members) Act 1962 .”,

and

(d) by inserting the following subsection after subsection (7):

“(7A) (a) Where circumstances arise in which—

(i) either House of the Oireachtas is in recess or otherwise stands adjourned,

(ii) both such Houses are in recess or otherwise stand adjourned, or

(iii) Dáil Éireann stands dissolved or the first meeting of Seanad Éireann has not yet taken place after a general election for Seanad Éireann,

and authorisation from either or both of those Houses, as the case may be, would, but for this subsection, be required under section 4(2)(f) 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, or

(IV) conduct the defence of legal proceedings,

then, if the Commission considers it necessary or expedient in any of the circumstances referred to in subparagraph (i), (ii) or (iii) for any step referred to in subparagraph (I), (II), (III) or (IV) to be taken, the Commission may take that step and, subject to paragraphs (b) and (c), that step shall be deemed to have been duly authorised by the House of the Oireachtas concerned or both such Houses, as the case may be.

(b) Where the Commission has taken any of the steps referred to in subparagraph (I), (II), (III) or (IV) of paragraph (a), then, the Commission shall, as soon as practicable thereafter, cause a statement to that effect to be laid before the House of the Oireachtas concerned or both such Houses, as the case may be.

(c) If, within 21 sitting days of the laying of a statement referred to in paragraph (b), the House of the Oireachtas concerned, or either House of the Oireachtas where both are concerned, as the case may be, by motion disapproves of any of the steps taken by the Commission under paragraph (a), then, unless the legal proceedings concerned have already been disposed of or, where the step concerned is that referred to in subparagraph (II) or (III), leave has been refused, the Commission shall, as may be appropriate in the circumstances—

(i) where the motion relates to a step referred to in paragraph (a)(I), discontinue or withdraw, or seek the leave of the court concerned to discontinue or withdraw, as the case may be, the legal proceedings,

(ii) where the motion relates to a step referred to in paragraph (a)(II), discontinue or withdraw from, or seek the leave of the court concerned to discontinue or withdraw from, as the case may be, the intervention in the legal proceedings,

(iii) where the motion relates to a step referred to in paragraph (a)(III), discontinue or withdraw from, or seek the leave of the court concerned to discontinue or withdraw from, as the case may be, being joined as a notice party in the legal proceedings, or

(iv) where the motion relates to a step referred to in paragraph (a)(IV), discontinue or withdraw from, or seek the leave of the court concerned to discontinue or withdraw from, as the case may be, conducting the defence of the legal proceedings.”.