Ministerial and Parliamentary Offices Act 1938

F22[Review by Commission

10D

10D.—(1) The Commission shall consider every statement and auditor’s report furnished to it under section 10B and, where it considers it appropriate to do so, shall furnish a report in writing to the Minister on any matter arising in relation to such statement or report.

(2) Where the Commission, following consideration by it of a statement, finds a minor error or omission in the statement, the Commission shall furnish to the person by whom the statement was furnished details of the error or omission, as the case may be, and the Commission shall inform the person that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to the person.

(3) Where the Commission, following consideration by it of a statement, is of the opinion that the statement does not comply with this Act, it shall furnish to the person by whom the statement was furnished a written notice containing details of the non-compliance and the Commission shall inform that person that he or she may furnish comments on the matter to the Commission within 14 days from the date on which the notice issued to that person and that any such comments will be considered by the Commission before considering the matter further.

(4) Where the person to whom a notice issues under subsection (3)furnishes to the Commission his or her comments on the matter referred to in the notice within the period referred to in that subsection, the Commission shall have regard to the said comments.

(5) Where, following consideration of any comments received by the Commission under subsection (3), or where the person to whom a notice issued fails to make any comments under that subsection, and the Commission continues to be of the opinion that there may have been non-compliance with this Act it shall forward a report of the matter (together with any relevant document or other thing in its possession) to the Minister and the Chairman of Dáil Éireann.

(6) The Commission shall furnish a report in writing on a statement and auditor’s report to the Minister indicating—

(a) whether they have been made by the specified time limit,

(b) whether they disclose any expenditure which does not comply with section 10(6), and

(c) whether the statement complies with sections 10 and 10B.

(7) The Commission shall cause a copy of every report furnished by it under subsection (6) to be laid before each House of the Oireachtas.

(8) The Commission may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the Commission may require for the performance of its functions under this section.

(9) Where a person fails to comply with a requirement made under subsection (8), the Commission shall—

(a) furnish a statement to that effect to the Chairman of Dáil Éireann and the Minister, and

(b) publish details of the non-compliance on the Commission’s website.

(10) Nothing in this section prejudices the subsequent taking of steps to rectify any matter that was treated of (or failed to be treated of) in a statement.]

Annotations

Amendments:

F22

Inserted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 3, S.I. No. 210 of 2014, art. 2(b).

Modifications (not altering text):

C7

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.

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SCHEDULE

Short Title of Act and Number

(1)

Provision

(2)

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 subss. (1), (5), (6) and (9) can be traced as follows:

• Name of Minister for the 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 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.

C8

Section applied to independent members' allowances (1.06.2014) by Ministerial and Parliamentary Offices Act 1938 (Sections 10A, 10B, 10C and 10D) (Fixed Day) Order 2014 (S.I. No. 211 of 2014), reg. 3.

3. The 1st day of July 2014 is fixed as the day on or after which sections 10A to 10D of the Act of 1938 shall apply to an allowance that is paid to an independent member.

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