Financial Emergency Measures in the Public Interest (No. 2) Act 2009
Number 41 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009. 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 the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, 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 do 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 41 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009
REVISED
Updated to 1 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Water Services (Amendment) Act 2022 (39/2022)
• Public Service Pay Act 2021 (15/2021)
• Public Service Pay and Pensions Act 2017 (34/2017)
• Financial Emergency Measures in the Public Interest Act 2015 (39/2015)
• Workplace Relations Act 2015 (16/2015)
• Financial Emergency Measures in the Public Interest Act 2013 (18/2013)
• Education and Training Boards Act 2013 (11/2013)
• Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011)
• Ministers and Secretaries (Amendment) Act 2011 (10/2011)
• Financial Emergency Measures in the Public Interest Act 2010 (38/2010)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Public Service Pay and Pensions Act 2017 (Section 20(4)) Order 2022 (S.I. No. 316 of 2022)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Public Service Pension Rights Order 2011 (S.I. No. 80 of 2011)
• Public Service Pension Rights Order 2010 (S.I. No. 302 of 2010)
• Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (Commencement) Order 2009 (S.I. No. 590 of 2009)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.
Number 41 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009
REVISED
Updated to 1 January 2023
ARRANGEMENT OF SECTIONS
Section
2. Reduction in public servants’ remuneration.
2B. Alteration of remuneration (other than basic salary) or working time of public servants.
3. Certain pension rights not affected.
4. Further amendment, etc., of relevant provisions.
5. No power to pay remuneration above rate determined in accordance with section 2 , etc.
6. Exemption, etc., from operation of section 2 or 6 in certain circumstances.
6A. Adjustment to remuneration affected by operation of section 2.
6B. Correction of anomalies consequential on operation of section 6A.
6C. Restoration of remuneration affected by operation of section 2A.
9A. Restriction on application of direction given by Minister.
10. Short title and commencement.
Bodies to which the definition of “public service body” does not apply
Acts Referred to
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Companies Acts |
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1954, No. 18 |
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2007, No. 24 |
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2009, No. 17 |
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Financial Emergency Measures in the Public Interest Act 2009 |
2009, No. 5 |
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1946, No. 9 |
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1996, No. 11 |
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2001, No. 33 |
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1938, No. 38 |
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2001, No. 33 |
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 |
1973, No. 22 |
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1977, No. 29 |
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1983, No. 32 |
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1997, No. 39 |
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1930, No. 29 |
Number 41 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009
REVISED
Updated to 1 January 2023
AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR THE REDUCTION OF THE REMUNERATION OF CERTAIN PERSONS IN THE PUBLIC SERVICE (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS), AND TO PROVIDE FOR RELATED MATTERS.
[20th December, 2009]
WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred and are continuing, which threaten the well-being of the community;
AND WHEREAS as a consequence a serious deterioration in the revenues of the State has occurred and there are significant and increasing State commitments;
AND WHEREAS it is necessary to take urgent measures to reduce the significant shortfall between expenditure and revenue and to reduce the unsustainable levels of public borrowings consequent on the deterioration in those revenues;
AND WHEREAS it is necessary to reduce State expenditure to maintain international confidence and to protect the State’s credit ratings;
AND WHEREAS it is necessary to take urgent steps to help restore the State’s competitiveness;
AND WHEREAS it is necessary for the State to achieve significant savings in its expenditure, both directly and indirectly, on remuneration—
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (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.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
|
... No. 41 of 2009 ... |
... Financial Emergency Measures in the Public Interest (No. 2) Act 2009 ... |
... The whole Act (except section 7) ... |
C2
Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9(3), 11 and sch. 2 part 2, commenced as per s. 1(2).
Department of Public Expenditure and Reform.
7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.
(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—
(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and
(b) is, in this Act, referred to as the “Minister”.
...
Transfer of certain other functions to Minister.
9.— ...
(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.
...
Transfer of administration and business of Department of Finance.
11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.
...
SCHEDULE 2
Functions Transferred To Minister
...
PART 2
Functions performable after consultation with Minister for Finance
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Number and Year |
Short Title |
Provision |
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... No. 41 of 2009 ... |
... Financial Emergency Measures in the Public Interest (No. 2) Act 2009 ... |
... Section 7 ... |
Editorial Notes:
E1
Annual review of operation, effectiveness and impact of Act required (5.06.2013) by Financial Measures in the Public Interest Act 2013 (18/2013), s. 12(2), commenced on enactment.