Oireachtas (Allowances and Facilities) Regulations, 2010

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd March, 2010.

I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by—

(a) section 3 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (No. 29 of 2009), having decided that any payment due to a member of the Oireachtas in respect of all or any of the entitlements referred to in subsection (1) of that section shall be paid together as a single composite monthly allowance known as the parliamentary standard allowance,

(b) section 2(1) (inserted by section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (No. 3 of 1992)) of the Oireachtas (Allowances to Members) Act 1962 (No. 32 of 1962) in respect of telephone and postal facilities,

(c) section 2(2B) (inserted by section 16 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (No. 5 of 1998)) of the Oireachtas (Allowances to Members) Act 1962 in respect of secretarial allowances, and

(d) section 3(1A) (inserted by section 37 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas (Miscellaneous Provisions) Act, 2001 (No. 33 of 2001)) and (4) (as amended by section 19 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 ) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act of 1992 in respect of an allowance to the Attorney General and a constituency office establishment allowance,

hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Oireachtas (Allowances and Facilities) Regulations 2010.

(2) These Regulations come into operation on 1 March 2010.

Interpretations

2. (1) In these Regulations—

“appropriate authority” means—

(a) in the case of a member of Dáil Éireann, the Clerk of Dáil Éireann, and

(b) in the case of a member of Seanad Éireann, the Clerk of Seanad Éireann;

“distance” means distance by the shortest practicable route;

“Leinster House” has the same meaning as it has in section 2 of the Oireachtas (Allowances to Members) Act 1962 ;

“member” means member of either Houses of the Oireachtas;

“normal place of residence” means the place of residence specified by each member of the Oireachtas for the purposes of Regulation 4;

“office holder” means the Ceann Comhairle, Leas—Cheann Comhairle,Cathaoirleach, Leas—Cathaoirleach or Leader of the Seanad;

“Oireachtas Commission” means Houses of the Oireachtas Commission;

“Regulations of 2008” means Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2008 ( S.I. No. 36 of 2008 );

“relevant period” means, subject to paragraph (2),—

(a) in relation to a member of Dáil Éireann (including any officeholder who is also a member of Dáil Éireann),—

(i) in any year in which there is a dissolution of Dáil Éireann, the period between 1 January in the year and the day of such dissolution next following that day, or

(ii) in any year in which there is a general election for Dáil Éireann, the period between the polling day of that general election, and—

(I) the day of the dissolution of Dáil Éireann next following that polling day, or

(II) 31 December in that year,

whichever is the earlier, or

(iii) in any other case, the period of 12 months beginning on 1 January in any year,

(b) in relation to a member of Seanad Éireann (including any officeholder who is also a member of Seanad Éireann)—

(i) in any year in which there is a general election for Seanad Éireann—

(I) the period between 1 January in that year and the day immediately preceding the polling day of the general election for Seanad Éireann next following 1 January in that year, and

(II) the period between the polling day of any general election for Seanad Éireann and the day immediately preceding the polling day of the general election for Seanad Éireann next following that polling day or 31 December in that year,

whichever is earlier, or

(ii) in any other case, the period of 12 months beginning on 1 January in any year.

(2) In respect of the year 2010, any reference in the definition of “relevant period” to 1 January is to be read as a reference to 1 March.

Parliamentary standard allowance

3. The parliamentary standard allowance is payable from the beginning of the relevant period monthly in arrears in respect of periods for which the member of the Oireachtas concerned is paid an annual sum by way of salary under section 2 (as amended by section 2 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 ) of the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938) and shall comprise an amount, as appropriate, for the purposes specified in Regulations 4 and 5.

Amount in respect of expenses for travel and accommodation

4. (1) The amount specified in a particular column of the Table to this paragraph is determined as the amount payable to a member of Dáil Éireann as part of the parliamentary standard allowance for the relevant period in respect of travelling facilities for distances, from the member’s normal place of residence in respect of the distance referred to in that column, to and from Leinster House, overnight expenses and travel expenses which the member is obliged to incur in the performance of his or her duties as a member of Dáil Éireann.

Table

Distances from normal place of residence to Leinster House (kilometres) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Band 1 Band 2 Band 3 Band 4 Band 5 Band 6 Band 7 Band 8 Band 9 Band 10 Band 11 Band 12 Distance Dublin (less than 25km) 25km or more but less than 60km 60km or more but less than 90km 90km or more but less than 120km 120km or more but less than 150km 150km or more but less than 180km 180km or more but less than 210km 210km or more but less than 240km 240km or more but less than 270km 270km or more but less than 300km 300km or more but less than 330km 330km or more but less than 360km 360km or more Amount €12,000 €28,106 €30,350 €31,850 €32,966 €33,350 €33,722 €34,094 €34,850 €35,594 €36,350 €37,106 €37,850

(2) The amount specified in a particular column of the Table to this paragraph is determined as the amount payable to a member of Seanad Éireann as part of the parliamentary standard allowance for the period in respect of travelling facilities for distances, from the member’s normal place of residence in respect of the relevant distance referred to in that column, to and from Leinster House and overnight expenses which the member is obliged to incur in the performance of his or her duties as a member of Seanad Éireann.

Table

Distances from normal place of residence to Leinster House (kilometres) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Band 1 Band 2 Band 3 Band 4 Band 5 Band 6 Band 7 Band 8 Band 9 Band 10 Band 11 Band 12 Distance Dublin (less than 25km) 25km or more but less than 60km 60km or more but less than 90km 90km or more but less than 120km 120km or more but less than 150km 150km or more but less than 180km 180km or more but less than 210km 210km or more but less than 240km 240km or more but less than 270km 270km or more but less than 300km 300km or more but less than 330km 330km or more but less than 360km 360km or more Amount €7,000 €23,106 €25,350 €26,850 €27,966 €28,350 €28,722 €29,094 €29,850 €30,594 €31,350 €32,106 €32,850

(3) The amount specified in a particular column of the Table to this paragraph is determined as the amount payable opposite mention of an office holder referred to in column (1) of that Table as part of the parliamentary standard allowance for the period in respect of travelling facilities for the distances, from the officeholder’s normal place of residence in respect of the distance referred to in that column, to and from Leinster House and overnight expenses which the person is obliged to incur in the performance of his or her duties as a member of the Oireachtas and as that office holder.

Table

Distances from normal place of residence to Leinster House (kilometres) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Office holder Band 1 Band 2 Band 3 Band 4 Band 5 Band 6 Band 7 Band 8 Band 9 Band 10 Band 11 Band 12 Distance Dublin (less than 25km) 25km or more but less than 60km 60km or more but less than 90km 90km or more but less than 120km 120km or more but less than 150km 150km or more but less than 180km 180km or more but less than 210km 210km or more but less than 240km 240km or more but less than 270km 270km or more but less than 300km 300km or more but less than 330km 330km or more but less than 360km 360km or more Amounts

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