Ministerial and Parliamentary Offices Act 1938

F26[Interpretation — sections 10 to 10G

10H

10H.(1) In sections 10 to 10G

"Commission" means Standards in Public Office Commission;

"expenses arising from parliamentary activities, including research" includes expenditure on the following categories

(a) the general administration of the parliamentary activities of a qualifying party,

(b) the provision of technical or specialist advice likely to be required in connection with legislative proposals or potential parliamentary initiatives,

(c) research and training,

(d) policy formulation,

(e) the provision of consultants’ services, including the engagement of public relations consultants,

(f) polling or public attitude sampling in connection with parliamentary debates or initiatives,

(g) the purchase of support services for a parliamentary party from the party,

(h) the payment to a parliamentary leader of any salary or honorarium in respect of duties arising from his or her activities as such leader as distinct from those of a member of Dáil Éireann or a holder of a ministerial office,

(i) the payment to another person of any salary or honorarium in respect of duties arising from the person’s activities in a parliamentary party,

(j) the provision for, or recoupment of, transport and personal expenditure incurred by a parliamentary leader, officers or a parliamentary party spokesperson as a result of their parliamentary party function,

(k) entertainment, and

(l) such other matters as may be prescribed by regulations made by the Minister;

"financial year" means a period of 12 months ending on 31 December;

"guidelines" means guidelines published by the Commission under section 10G;

"independent member" means

(a) a member of Dáil Éireann who at the last preceding general election or at a subsequent bye-election was elected as a member of Dáil Éireann other than as a member of a qualifying party, and

(b) a member of Seanad Éireann who at the last preceding general election or at a subsequent bye-election was elected as a member of Seanad Éireann or nominated to it as a member after the last preceding general election, other than as a member of a qualifying party;

"Minister" means Minister for Public Expenditure and Reform;

"qualifying party" means a political party registered in the Register of Political Parties which contested the last preceding general election or any subsequent bye-elections and which had a member or members elected to Dáil Éireann or elected or nominated to Seanad Éireann at that general election or at any subsequent bye-election;

"statement" means a statement of expenditure prepared and furnished, or required to be prepared and furnished, to the Commission under section 10B.

(2) Subject to subsection (3), the Minister may make regulations for the purposes of paragraph (l) of the definition of "expenses arising from parliamentary activities, including research" in subsection (1).

(3) Before making regulations for the foregoing purposes, the Minister shall consult with the parliamentary leaders of qualifying parties and with independent members and shall consider any report furnished by the Commission under section 10D.]

Annotations

Amendments:

F26

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):

C11

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. (1)(l), (2) & (3) 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.