Ministerial and Parliamentary Offices Act 1938
Payment of annual allowance to the Leader of the Second Party and the Leader of the Third Party.
F16[10.—(1) There may be paid, on request, to the parliamentary leader of a qualifying party, in relation to expenses arising from the parliamentary activities, including research, of the party, where he or she is a member of Dáil Éireann in respect of—
(a) members of that party elected to Dáil Éireann at the last preceding general election or a subsequent bye-election as members of that party—
(i) where not more than 10 members of that party are so elected, an annual allowance of €64,368 in respect of each member,
(ii) where more than 10 but not more than 30 members of that party are so elected, an annual allowance of—
(I) €64,368 in respect of each of the first to the tenth of them, and
(II) €51,493 in respect of each of the remainder, or
(iii) where more than 30 members of that party are so elected, an annual allowance of—
(I) €64,368 in respect of each of the first to the tenth of them,
(II) €51,493 in respect of each of the eleventh to the thirtieth of them, and
(III) €25,754 in respect of each of the remainder, and
(b) members of that party elected to Seanad Éireann at the last preceding general election or a subsequent bye-election or nominated to it after the last preceding general election, as members of that party—
(i) where not more than 5 members of that party are so elected or nominated, an annual allowance of €42,089 in respect of each member, or
(ii) where more than 5 members of that party are so elected or nominated, an annual allowance of—
(I) €42,089 in respect of each of the first to the fifth of them, and
(II) €21,045 in respect of each of the remainder.
(2) In the case of a qualifying party forming or forming part of the Government, the combined allowances under subsection (1) (a) shall be reduced by one-third.
(3) There may be paid, on request, to—
(a) an independent member of Dáil Éireann, in relation to expenses arising from the parliamentary activities, including research, of that member, an annual allowance of €37,037, and
(b) an independent member of Seanad Éireann, in relation to expenses arising from the parliamentary activities, including research, of that member, an annual allowance of €21,045.
(4) An allowance under this section shall not be paid if it is in relation to an expense that is otherwise reimbursed or provided for.
(5) Subject to the approval of the Houses of the Oireachtas Commission and to such exceptions, restrictions and conditions as may be provided for by regulations, secretarial facilities may be provided to a qualifying party for the purposes of facilitating the parliamentary activities of its elected members.
(6) An allowance paid under this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—
(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,
(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament Elections Acts 1992 to 2013,
(c) the Presidential Elections Acts 1992 to 2006,
(d) the Referendum Acts 1992 to 2013,
(e) the Seanad Electoral (Panel Members) Acts 1947 to 2006, or
(f) the Seanad Electoral (University Members) Acts 1937 to 2006.
(7) An allowance paid under this section shall not be liable to income tax.
(8) An allowance under this section shall not be paid or be payable in respect of the period in office of the Ceann Comhairle where at the last preceding general election or at a subsequent bye-election he or she was elected as a member of Dáil Éireann—
(a) other than as a member of a qualifying party, or
(b) as a member of a qualifying party but was the only member of the qualifying party so elected.
(9) Any allowance which is payable, and any facility which is to be provided, under this section shall be paid and provided in addition to any other allowance or salary payable, or any other facility provided, under the Oireachtas (Allowances to Members) Acts 1938 to 1998, or the Ministerial and Parliamentary Offices Acts 1938 to 2009.
(10) Allowances payable under this section shall, in respect of each member of Dáil Éireann or Seanad Éireann, be calculated for each week the person was at any time during that week a member thereof, and it shall be paid—
(a) to each qualifying parliamentary party leader, or
(b) where subsection (3) applies, to each member concerned,
for such period in arrears as the Minister considers appropriate.
(11) If, after an allowance under this section for a particular period has become due and payable to the parliamentary leader of a qualifying party or to an independent member, a period of 6 months expires without the parliamentary leader or the member having claimed the allowance or part thereof, then, on that expiry, the allowance or part thereof (as the case may be) for the period first mentioned in this subsection shall cease to be payable.
(12) Where—
(a) the members of a qualifying party agree that from a specified date the party (referred to subsequently in this subsection as the "dissolved party") shall stand dissolved and—
(i) that the dissolved party shall from that date amalgamate with, or
(ii) that all its members shall join,
a specified other qualifying party, and
(b) that other qualifying party agrees to give effect to that amalgamation or to grant membership to all the members of the dissolved party on the date specified,
then all members of the dissolved party who were elected as members of Dáil Éireann, elected as members of Seanad Éireann or nominated to Seanad Éireann, as members of that party at the last preceding general election, or at any subsequent bye-election before its dissolution, shall, for the purposes of subsection (1), from the date of dissolution of the dissolved party, be deemed to be members of that other party as if elected as members of Dáil Éireann, elected as members of Seanad Éireann or nominated to Seanad Éireann, as members of that other party at the last preceding general election or at a subsequent bye-election before such dissolution.
(13) The Houses of the Oireachtas Commission may make regulations for the purposes of subsection (5).]
Annotations
Amendments:
F16
Substituted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 2, S.I. No. 210 of 2014.
Modifications (not altering text):
C2
Functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed 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.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Finance.
(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.
3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.
(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.
...
5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Public Expenditure, National Development Plan Delivery and Reform may, in so far as it relates to a function transferred by this Order to the Minister for Finance, be carried on or completed from such commencement by the Minister for Finance.
...
SCHEDULE
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Short Title of Act and Number (1) |
Provision (2) |
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Ministerial and Parliamentary Offices Act 1938 (No. 38 of 1938) |
Subsection (10) of section 10; subsection (1) of section 10A; subsections (1), (5) (6) and (9) of section 10D; section 10E; subsections (4), (5) and (7) of section 10G; paragraph (l) of the definition of “expenses arising from parliamentary activities, including research” in subsection (1), and subsections (2) and (3) of section 10H. |
The history of the Minister concerned with subs. (10) can be traced as follows:
• 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);
• Certain functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed 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.
Editorial Notes:
E56
Power pursuant to subss. (5), (13) exercised (23.09.2025, 6.11.2025) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) Regulations 2025 (S.I. No. 530 of 2025), in effect as per reg. 1(2) and on signature.
E57
Power pursuant to subss. (5), (13) exercised (16.07.2025) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2025 (S.I. No. 332 of 2025).
E58
Previous affecting provision: power pursuant to subss. (5), (13) exercised (7.11.2019) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) (No. 2) Regulations 2019 (S.I. No. 568 of 2019); revoked (24.02.2021) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2021 (S.I. No. 89 of 2021), reg. 17(d).
E59
Previous affecting provision: power pursuant to subss. (5), (13) exercised (24.09.2019, 8.12.2016, 2.03.2019) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2021 (S.I. No. 89 of 2021), in effect as per reg. 8(1), (2); revoked by (16.07.2025) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2025 (S.I. No. 332 of 2025), reg. 16.
E60
Previous affecting provision: power pursuant to subss. (5), (13) exercised (16.04.2019) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) Regulations 2019 (S.I. No. 167 of 2019); revoked (24.02.2021) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2021(S.I. No. 89 of 2021), reg. 17(c).
E61
Previous affecting provision: power pursuant to subss. (5), (13) exercised (11.10.2018) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) Regulations 2018 (S.I. No. 426 of 2018); revoked (24.02.2021) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2021 (S.I. No. 89 of 2021), reg. 17(b).
E62
Previous affecting provision: power pursuant to subss. (5), (13) exercised (8.12.2016) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2016 (S.I. No. 599 of 2016); revoked (24.02.2021) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2021 (S.I. No. 89 of 2021), reg. 17(a).
E63
Previous affecting provision: power pursuant to subss. (5), (13) exercised (29.04.2015) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) Regulations 2015 (S.I. No. 164 of 2015); revoked (9.12.2016) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2016 (S.I. No. 599 of 2016), reg. 18(b).
E64
Previous affecting provision: power pursuant to subs. (4) exercised (9.01.2013) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2013 (S.I. No. 2 of 2013); revoked (8.12.2016) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2016 (S.I. No. 599 of 2016), reg. 18(a).
E65
Previous affecting provision: power pursuant to subs. (4) exercised (1.03.2010) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment) Regulations 2010 (S.I. No. 87 of 2010); revoked (9.01.2013) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2013 (S.I. No. 2 of 2013), reg. 16(c).
E66
Previous affecting provision: power pursuant to subs. (4) exercised (1.07.2008) by Oireachtas (Ministerial and Parliamentary offices) (Secretarial Facilities) (Graphic Design) Regulations 2009 (S.I. No. 81 of 2009), in effect as per reg. 1(2); revoked (9.01.2013) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2013 (S.I. No. 2 of 2013), reg. 16(b).
E67
Previous affecting provision: power pursuant to subs. (4) exercised (21.02.2008) by Oireachtas (Ministerial and Parliamentary offices) (Secretarial Facilities) Regulations 2008 (S.I. No. 36 of 2008); revoked (9.01.2013) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2013 (S.I. No. 2 of 2013), reg. 16(a).
E68
Previous affecting provision: power pursuant to subs. (4) exercised (15.02.2007) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 2) Regulations 2007 (S.I. No. 88 of 2007), in effect as per reg. 1(2); revoked (1.07.2008) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Graphic Design) Regulations 2009 (S.I. No. 81 of 2009), reg. 5, in effect as per reg. 1(2).
E69
Previous affecting provision: power pursuant to subs. (4) exercised (1.01.2007) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2007 (S.I. No. 26 of 2007), in effect as per reg. 1(2); revoked (21.02.2008) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2008 (S.I. No. 36 of 2008), reg 15(a).
E70
Previous affecting provision: salary payable construed (1.01.2006) by Ministerial and Parliamentary Offices (Salaries and Allowances) (Increase) Order 2005 (S.I. No. 807 of 2005), arts. 1(2) and 8; section substituted as per F-note above.
E71
Previous affecting provision: power pursuant to subs. (4) exercised (22.06.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 3) Regulations 2005 (S.I. No. 288 of 2005); revoked (21.02.2008) by Oireachtas (Ministerial and Parliamentary offices) (Secretarial Facilities) Regulations 2008 (S.I. No. 36 of 2008), reg 15(d).
E72
Previous affecting provision: power pursuant to section exercised (1.06.2005) by Ministerial and Parliamentary Offices (Allowances and Salaries) Order 2005 (S.I. No. 379 of 2005); superseded (1.01.2006) by Ministerial and Parliamentary Offices (Salaries and Allowances) (Increase) Order 2005 (S.I. No. 807 of 2005).
E73
Previous affecting provision: power pursuant to subs. (4) exercised (23.03.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 2) Regulations 2005 (S.I. No. 166 of 2005); revoked (21.02.2008) by Oireachtas (Ministerial and Parliamentary offices) (Secretarial Facilities) Regulations 2008 (S.I. No. 36 of 2008), reg 15(c).
E74
Previous affecting provision: power pursuant to subs. (4) exercised (1.01.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 6) Regulations 2004 (S.I. No. 889 of 2004), in effect as per reg. 1(2); revoked (21.02.2008) by Oireachtas (Ministerial and Parliamentary offices) (Secretarial Facilities) Regulations 2008 (S.I. No. 36 of 2008), reg 15(b).
E75
Previous affecting provision: power pursuant to subs. (4) exercised (1.01.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 5) Regulations 2004 (S.I. No. 888 of 2004), in effect as per reg. 1(2); revoked (21.02.2008) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2008 (S.I. No. 36 of 2008), reg 15(a).
E76
Previous affecting provision: power pursuant to subs. (4) exercised (8.07.2004) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 3) Regulations 2004 (S.I. No. 430 of 2004); revoked (1.01.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 5) Regulations 2004 (S.I. No. 888 of 2004), reg. 8, in effect as per reg. 1(2).
E77
Previous affecting provision: power pursuant to subs. (4) exercised (23.06.2004) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 2) Regulations 2004 (S.I. No. 396 of 2004); revoked (1.01.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 5) Regulations 2004 (S.I. No. 888 of 2004), reg. 8, in effect as per reg. 1(2).
E78
Previous affecting provision: power pursuant to subs. (4) exercised (12.03.2004) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) Regulations 2004 (S.I. No. 96 of 2004); revoked (1.01.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 5) Regulations 2004 (S.I. No. 888 of 2004), reg. 8, in effect as per reg. 1(2).
E79
Previous affecting provision: functions transferred and references to Minister for Finance construed as Houses of the Oireachtas Commission (1.01.2004) by Houses of the Oireachtas Commission Act 2003 (28/2003), s. 4(3)(a), commenced as per s. 1(2) on establishment day, see s. 3(1)(a); section substituted (1.07.2014) as per F-note above.
E80
Previous affecting provision: power pursuant to subs. (4) exercised (31.12.2003) by Oireachtas (Ministerial and Parliamentary) Offices (Secretarial Facilities) Regulations 2003 (S.I. No. 736 of 2003); revoked (1.01.2005) by Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 5) Regulations 2004 (S.I. No. 888 of 2004), reg. 8, in effect as per reg. 1(2).
E81
Previous affecting provision: section substituted (14.07.2001) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001 (30/2001), s. 1, commenced on enactment; section substituted (1.07.2014) as per F-note above.
E82
Previous affecting provision: section amended (1.04.1998) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 11, commenced on enactment; section substituted as per F-note above.
E83
Previous affecting provision: section substituted (1.01.1996) by Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 (39/1996), s. 5(c), commenced as per s. 7(4); section substituted (14.01.2001) as per E-note above.
E84
Previous affecting provision: subss. (1)-(3) substituted (8.08.1973) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 (22/1973), s. 14, commenced on enactment; subss. (1), (2) substituted (1.07.2014) as per F-note above. Subs. (3) deleted (1.04.1998) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 11(1)(a), commenced on enactment, and deemed never to have had effect as per subs. (2).
E85
Previous affecting provision: subss. (1)-(3) substituted (9.07.1968) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1968 (22/1968), s. 9, commenced as per s. 5(2); subss. (1)-(3) substituted (8.08.1973) as per E-note above.
E86
Previous affecting provision: subss. (1)-(3) substituted (1.06.1964) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1964 (14/1964), s. 11, commenced as per s. 7(2); subss. (1)-(3) substituted (9.07.1968) as per E-note above.
E87
Previous affecting provision: subss. (1)-(4) substituted (1.05.1960) by Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960 (12/1960), s. 13, S.I. No. 82 of 1960; subss. (1)-(3) substituted (1.06.1964) as per E-note above. Section substituted (1.07.2014) as per F-note above.
E88
Previous affecting provision: sums "£800", "£500" construed (23.07.1947) by Ministerial and Parliamentary Offices (Amendment) Act 1947 (24/1947), s. 3(1) & (2), commenced on enactment; repealed (1.05.1960) by Oireachtas (Allowances To Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960, s.19, S.I. No. 82 of 1960.