Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1977

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Number 29 of 1977

OIREACHTAS (ALLOWANCES TO MEMBERS) AND MINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES (AMENDMENT) ACT, 1977

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Amendment of Oireachtas (Allowances to Members) Acts, 1938 to 1973

PART III

Amendment of Ministerial and Parliamentary Offices Acts, 1938 to 1973

PART IV

Amendment of the Courts (Supplemental Provisions) Acts, 1961 to 1977

Number 29 of 1977

OIREACHTAS (ALLOWANCES TO MEMBERS) AND MINISTERIAL, PARLIAMENTARY AND JUDICIAL OFFICES (AMENDMENT) ACT, 1977

AN ACT TO AMEND THE OIREACHTAS (ALLOWANCES TO MEMBERS) ACTS, 1938 TO 1973, THE MINISTERIAL AND PARLIAMENTARY OFFICES ACTS, 1938 TO 1973, AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1977. [8th December, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title and commencement.

1.—(1) This Act may be cited as the Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1977.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Government, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Interpretation.

2.—In this Act “the Act of 1973” means the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1973 .

PART II

Amendment of Oireachtas (Allowances to Members) Acts, 1938 to 1973

Collective citation. ( Part II ).

3.—The Oireachtas (Allowances to Members) Acts, 1938 to 1973, and this Part of this Act may be cited together as the Oireachtas (Allowances to Members) Acts, 1938 to 1977.

Amendment of section 3A of Oireachtas (Allowances to Members) Act, 1938.

4.—Section 3A of the Oireachtas (Allowances to Members) Act, 1938 (inserted by section 5 of the Act of 1973), is hereby amended by the substitution of the following subsection for subsection (3):

“(3) An order under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next twenty-one days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, and the order shall not come into operation before the expiration of the said twenty-one days but subject to the foregoing shall commence in accordance with its terms.”.

PART III

Amendment of Ministerial and Parliamentary Offices Acts. 1938 to 1973

Interpretation and collective citation ( Part III ).

5.—(1) In this Part of this Act—

“the Act of 1968” means the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1968 ;

“the Principal Act” means the Ministerial and Parliamentary Offices Act, 1938

(2) The Ministerial and Parliamentary Offices Acts, 1938 to 1973, and this Part of this Act may be cited together as the Ministerial and Parliamentary Offices Acts, 1938 to 1977.

Amendment of section 3 of Ministerial and Parliamentary Offices Act, 1938.

6.—Section 3 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (2):

“(2) There shall be paid an annual sum by way of salary, not exceeding the sum of £4,727, to every Minister of State appointed under section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 .”;

(b) the substitution of the following subsection for subsection (4):

“(4) The total number of persons who are, at any one time, in receipt of salaries under this section shall not exceed twenty-five.”.

Amendment of section 8A of Ministerial and Parliamentary Offices Act, 1938.

7.—Section 8A (inserted by section 11 of the Act of 1973) of the Principal Act is hereby amended by—

(a) the substitution of the following paragraph for paragraph (c) of subsection (1):

“(c) the annual sum payable to every Minister of State pursuant to the said section 3,”;

(b) the substitution of the following subsection for subsection (3):

“(3) An order under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next twenty-one days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, and the order shall not come into operation before the expiration of the said twenty-one days but subject to the foregoing shall commence in accordance with its terms.”.

Amendment of section 13 of Ministerial and Parliamentary Offices Act, 1938.

8.—Section 13 of the Principal Act is hereby amended by—

(a) the substitution of the following for the definition of “qualifying office”:

“‘qualifying office’ means an office which is a ministerial office, the office of Minister of State or a secretarial office;”;

(b) the insertion after the definition of “qualifying office” (inserted by this subsection) of the following definition:

“‘the office of Minister of State’ means the office to which a person may be appointed under section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 .”.

Consequential.

9.—(1) Where a person holding the office of Minister of State pursuant to an appointment under section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 , ceases to hold that office, the following provisions shall apply:

(a) he shall for the purposes of sections 14 and 16 of the Principal Act be regarded as having held secretarial office within the meaning of the Principal Act and each of the references in the said sections 14 and 16 to secretarial office shall be construed as including a reference to the aforesaid office of Minister of State, and

(b) in case subsection (3) (inserted by section 11 of the Act of 1968) of the said section 16 is applicable in relation to him, that subsection shall be construed and have effect as if the reference therein to a Parliamentary Secretary were a reference to a Minister of State so appointed.

(2) For the purpose of section 16 of the Principal Act, as amended by section 11 of the Act of 1968, the annual sum which would have been payable for the time being by way of salary to a Parliamentary Secretary shall be such sum as may be determined by the Minister for the Public Service.

PART IV

Amendment of the Courts (Supplemental Provisions) Acts, 1961 to 1977

Collective citation ( Part IV ).

10.—The collective citation, the Courts (Supplemental Provisions) Acts, 1961 to 1977, shall include this Part of this Act.

Amendment of section 46 of Courts (Supplemental Provisions) Act, 1961.

11.— Section 46 (9) of the Courts (Supplemental Provisions) Act, 1961 (inserted by section 1 of the Courts (Supplemental Provisions) (Amendment) (No. 2) Act, 1968 ), is hereby amended by the substitution of the following paragraph for paragraph (c):

“(c) An order under this subsection shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next twenty-one days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, and the order shall not come into operation before the expiration of the said twenty-one days but subject to the foregoing shall commence in accordance with its terms.”.