Financial Emergency Measures in the Public Interest Act 2009


Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1989, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Public Service Pay and Pensions Act 2017 (34/2017)

Financial Emergency Measures in the Public Interest Act 2015 (39/2015)

State Airports (Shannon Group) Act 2014 (27/2014)

ESB (Electronic Communications Networks) Act 2014 (5/2014)

Financial Emergency Measures in the Public Interest Act (18/2013)

Education and Training Boards Act 2013 (11/2013)

Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Central Bank Reform Act 2010 (23/2010)

Social Welfare and Pensions Act 2009 (10/2009)

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018)

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2017 (S.I. No. 272 of 2017)

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2017 (S.I. No. 128 of 2016)

Health Professionals (Payments to General Practitioners) (National Immunisation Programmes) Regulations 2016 (S.I. No. 577 of 2016)

Health Professionals (Variations of Payments to General Practitioners) Regulations 2016 (S.I. No. 223 of 2016)

Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2016 (S.I. No. 23 of 2016)

Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2013 (S.I. No. 279 of 2013)

Health Professionals (Reduction of Payments to General Practitioners) (National Immunisation Programmes) Regulations 2013 (S.I. No. 278 of 2013)

Health Professionals (Reduction of Payments to General Practitioners) Regulations 2013 (S.I. No. 277 of 2013)

Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2013 (S.I. No. 276 of 2013)

Health Professionals (Reduction of Payments to Ophthalmologists, Optometrists and Dispensing Opticians) Regulations 2013 (S.I. No. 274 of 2013)

Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) (Adjustment) Regulations 2013 (S.I. No. 231 of 2013)

Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2012 (S.I. No. 548 of 2012)

Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2012 (S.I. No. 232 of 2012)

Health Professionals (Reduction of Payments to General Practitioners) (National Immunisation Programmes) Regulations 2011 (S.I. No. 556 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 (S.I. No. 300 of 2011)

Health Professionals (Reduction of Payments to Optometrists for Certain Services) Regulations 2011 (S.I. No. 261 of 2011)

Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2011 (S.I. No. 135 of 2011)

Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010 (S.I. No. 638 of 2010)

Health Professionals (Reduction of Payments in respect of Services under the National Cervical Screening Programme) Regulations 2010 (S.I. No. 510 of 2010)

Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2010 (S.I. No. 473 of 2010)

Financial Emergency Measures in the Public Interest (Reduction of Payments to Veterinary Practitioners) (Adjustment) Regulations 2010 (S.I. No. 264 of 2010)

Financial Emergency Measures in the Public Interest (Farm Waste Management Scheme) Order 2009 (S.I. No. 503 of 2009)

Health Professionals (Reduction of Payments to General Practitioners) Regulations 2009 (S.I. No. 262 of 2009)

Health Professionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2009 (S.I. No. 246 of 2009)

Financial Emergency Measures in the Public Interest (Reduction in Payments to Veterinary Practitioners) Regulations 2009 (S.I. No. 216 of 2009)

Social Welfare (Reduction of Payments to Health Professionals) Regulations 2009 (S.I. No. 198 of 2009)

Health Professionals (Reduction of Payments to Opthalmologists, Optometrists and Dispensing Opticians) Regulations 2009 (S.I. No. 195 of 2009)

Health Professionals (Reduction of Payments in Respect of Services under the National Cervical Screening Programme) Regulations 2009 (S.I. No. 173 of 2009)

Health Professionals (Reduction of Payments to Consultant Psychiatrists) Regulations 2009 (S.I. No. 172 of 2009)

Health Professionals (Reduction of Payments to Registered Dentists) Regulations 2009 (S.I. No. 171 of 2009)

Financial Emergency Measures in the Public Interest (Reduction in Payments to State Solicitors) Regulations 2009 (S.I. No. 159 of 2009)

All statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this revision.


Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 2018




Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009

REVISED

Updated to 1 January 2018


AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR THE PAYMENT OF A CONTRIBUTION BY CERTAIN PERSONS IN THE PUBLIC SERVICE (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS) WHO ARE MEMBERS OF AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED) WHICH IS PROVIDED FOR UNDER THE SUPERANNUATION ACTS 1834 TO 1963 OR ANY OTHER ENACTMENT OR ADMINISTRATIVE MEASURE TO LIKE EFFECT OR IS REQUIRED TO BE MADE, APPROVED OF OR CONSENTED TO (HOWEVER EXPRESSED) BY ONE OR MORE THAN ONE MINISTER OF THE GOVERNMENT, TO PROVIDE FOR THE REDUCTION OF THE AMOUNT PAYABLE, OR RATE OF PAYMENT, OUT OF MONEY PROVIDED BY THE OIREACHTAS OR THE CENTRAL FUND OR THE GROWING PRODUCE OF THAT FUND TO CERTAIN PERSONS FOR CERTAIN SERVICES TO OR ON BEHALF OF THE STATE, TO PROVIDE FOR THE AMENDMENT OF SECTION 4 OF THE LOCAL GOVERNMENT ACT 1998, THE INCOME TAX ACTS AND PART 4A OF THE SOCIAL WELFARE CONSOLIDATION ACT 2005, TO PROVIDE FOR THE DEFERRAL OF LIABILITIES, ACCRUALS OR PAYMENTS DUE UNDER A SCHEME KNOWN AS THE FARM WASTE MANAGEMENT SCHEME AND TO PROVIDE FOR RELATED MATTERS.

[27 th February, 2009]

WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred, which threaten the well-being of the community;

AND WHEREAS as a consequence a serious deterioration in the revenues of the State has occurred and there are significant and increasing Exchequer commitments in respect of public service pensions;

AND WHEREAS it is necessary to cut current Exchequer spending substantially to demonstrate to the international financial markets that public expenditure is being significantly controlled so as to ensure continued access to international funding, and to protect the State’s credit rating and reverse the erosion of the State’s international competitiveness;

AND WHEREAS the burden of job losses and salary reductions in the private sector has been very substantial and it is equitable that the public sector should share that burden;

AND WHEREAS it is necessary to take the measures in this Act as part of a range of measures to address the economic crisis;

AND WHEREAS the value of public service pensions is significantly and markedly more favourable than those generally available in other employment—

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Act repealed (1.01.2018 and 1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per ss. 1(2) and 4(2), subject to transitional provisions in ss. 43 and 44.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 5 of 2009

...

...

Financial Emergency Measures in the Public Interest Act 2009

...

...

The whole Act (except section 13)

...

C3

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9(3), 11 and sch. 2 part 2, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.— ...

(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 2

Functions performable after consultation with Minister for Finance

Number and Year

Short Title

Provision

...

No. 5 of 2009

...

...

Financial Emergency Measures in the Public Interest Act 2009

...

...

Section 13

...

Editorial Notes:

E1

Annual review of operation, effectiveness and impact of Act required (5.06.2013) by Financial Measures in the Public Interest Act 2013 (18/2013), s. 12(2), commenced on enactment.