Ministerial and Parliamentary Offices Act 1938
Number 38 of 1938
MINISTERIAL AND PARLIAMENTARY OFFICES ACT 1938
REVISED
Updated to 6 November 2025
This Revised Act is an administrative consolidation of the Ministerial and Parliamentary Offices Act 1938. 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 Housing Finance Agency (Amendment) Act 2025 (11/2025), enacted 28 October 2025, and all statutory instruments up to and including Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) Regulations 2025 (S.I. No. 530 of 2025), made 6 November 2025, were considered in the preparation of this Revised Act.
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 38 of 1938
MINISTERIAL AND PARLIAMENTARY OFFICES ACT 1938
REVISED
Updated to 6 November 2025
ARRANGEMENT OF SECTIONS
Preliminary and General.
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Section |
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Remuneration of Members of the Government, Parliamentary Secretaries, the Attorney-General, and the Chairman and Deputy Chairman of DÁil Eireann and Seanad Eireann.
Allowances to Leaders of Certain Parties in DÁil Eireann.
Pensions and Allowances to and in Respect of Former Holders of Certain Ministerial and Parliamentary Offices.
Severance payments to former holders of certain Ministerial and Parliamentary Offices
Miscellaneous Provisions
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Acts Referred to |
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No. 16 of 1924 |
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No. 34 of 1938 |
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No. 46 of 1923 |
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No. 1 of 1922 |
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No. 43 of 1934 |
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No. 48 of 1924 |
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Number 38 of 1938.
MINISTERIAL AND PARLIAMENTARY OFFICES ACT 1938
Updated to 6 November 2025
AN ACT TO MAKE PROVISION FOR REGULATING THE SALARIES OF MEMBERS OF THE GOVERNMENT, PARLIAMENTARY SECRETARIES, THE ATTORNEY-GENERAL, THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF DÁIL EIREANN, AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF SEANAD EIREANN, TO PROVIDE FOR THE PAYMENT OF ADDITIONAL ALLOWANCES TO THE LEADERS OF CERTAIN PARTIES IN DAIL EIREANN, TO PROVIDE FOR THE PAYMENT OF PENSIONS, GRATUITIES AND ALLOWANCES TO AND IN RESPECT OF PERSONS WHO HAVE HELD CERTAIN MINISTERIAL AND PARLIAMENTARY OFFICES, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd December, 1938.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Functions transferred and references to Minister for Finance construed as Minister for Public Expenditure and Reform (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.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 38 of 1938 |
Ministerial and Parliamentary Offices Act 1938 |
The whole Act (except sections 12, 24 and 32) |
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... |
... |
... |
The history of the Minister concerned with the collectively cited Ministerial and Parliamentary Offices Acts can be traced as follows:
• Functions transferred and references to Minister for Finance construed as Public Service (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973), art. 4(1)(h), in effect as per art. 1(2), subject to transitional provisions in arts. 5-8.
• Functions transfererd and references to Minister for Public Service construed as Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), art. 4(1)(b), (2), subject to transitional provisions in arts. 5-9.
• Functions transferred and references to Minister for Finance construed as Minister for Public Expenditure and Reform (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).
• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed in certain sections as Minister for Finance (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch, in effect as per art 1(2), subject to transitional provisions in arts. 4-6, 8. A C-note to this effect is recorded under each section affected.
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025, art. 3, in effect as per art. 1(2).