Ministerial and Parliamentary Offices Act 1938

F25[Guidelines

10G

10G.(1) Subject to the provisions of this section the Commission may prepare and publish guidelines for the purpose of providing practical guidance to parliamentary leaders of qualifying parties, independent members and personal representatives relating to the application and operation of sections 10 to 10D.

(2) Where the Commission proposes to publish guidelines it shall

(a) publish in such manner as it considers appropriate a draft of the guidelines and give persons 28 days from the date of publication of the draft guidelines within which to make written representations to it in relation to the draft guidelines, or such further period, not exceeding 28 days, as it in its absolute discretion thinks fit, and

(b) consult with parliamentary leaders of qualifying parties and independent members.

(3) The Commission may, following consideration of representations, if any, received by it under subsection (2) (a) and consultations carried out under subsection (2) (b), amend the draft guidelines.

(4) Before publishing guidelines the Commission shall submit the draft guidelines, referred to in subsection (3), to the Minister for his or her approval.

(5) Where draft guidelines are submitted to the Minister for his or her approval, the Minister shall, as he or she may think proper, refuse to approve of the guidelines or approve thereof without modifications or make such modifications thereto as he or she may think proper and approve of the guidelines as so modified and the Commission shall, accordingly, not publish the guidelines or, as the case may be, publish them in the terms as so approved of.

(6) Where the Commission publishes guidelines, it shall publish a notice of such publication in Iris Oifigiúil and the notice shall

(a) identify the guidelines,

(b) specify the matters relating to the statements in respect of which the guidelines are published, and

(c) specify the date on which the guidelines come into operation.

(7) The Commission may, with the consent of the Minister, and following consultation with any other person or body that the Commission considers appropriate or that the Minister directs, amend, revoke or withdraw approval of any guidelines, or part thereof, prepared and published by it under this section.

(8) Where the Commission amends, revokes or withdraws approval of guidelines, or part thereof, published under this section, it shall publish notice of the amendment, revocation or withdrawal of approval, as the case may be, in Iris Oifigiúil.

(9) The Commission shall, as soon as practicable after it publishes guidelines or amended guidelines

(a) furnish a copy of the guidelines, or the guidelines so amended, to every parliamentary leader of a qualifying party and independent member, and

(b) make a copy of the guidelines, or the guidelines so amended, available for public inspection, without charge, at its principal office during normal working hours and on the Commission’s website.

(10) The Commission in performing its functions under section 10D shall have regard to the guidelines.]

Annotations

Amendments:

F25

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):

C10

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

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. (4), (5) and (7) 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.