Financial Emergency Measures in the Public Interest Act 2009
Number 5 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009 (Repealed)
REVISED
Updated to 1 January 2018
This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest 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 Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this revision.
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 does 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 5 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009 (Repealed)
REVISED
Updated to 1 January 2018
ARRANGEMENT OF SECTIONS
Section
1. Interpretation. (Repealed)
2. Deduction to be made from remuneration of public servants.
3. Regulations in relation to collection arrangements, etc.
4. Obligation to make payments into Exchequer, etc.
5. Certain public servants’ right to give notice.
6. Deductions made from remuneration of certain persons who cease to be public servants.
7. No additional benefit, etc.
8. Exemption, etc., from deductions in certain circumstances.
9. Reduction of payments to health professionals.
10. Reduction of other payments.
11. Non-applicability to public servants. (Repealed)
12. Farm Waste Management Scheme. (Repealed)
13. Annual review and report to the Houses of the Oireachtas. (Repealed)
14. Regulations. ((Repealed)
15. Removal of doubts. (Repealed)
16. Amendment of Income Tax Acts. (Repealed)
18. Amendment of Social Welfare Consolidation Act 2005 — early childcare supplement. (Repealed)
19. Short title. (Repealed)
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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2002, No. 14 |
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1954, No. 18 |
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2007, No. 24 |
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1979, No. 19 |
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1946, No. 9 |
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1996, No. 11 |
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1998, No. 16 |
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2001, No. 37 |
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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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1990, No. 25 |
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2005, No. 26 |
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2006, No. 5 |
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2008, No. 22 |
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Superannuation Acts 1834 to 1963 |
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1997, No. 39 |
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1930, No. 29 |
Number 5 of 2009
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009 (Repealed)
REVISED
Updated to 1 January 2018
AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR THE PAYMENT OF A CONTRIBUTION BY CERTAIN PERSONS IN THE PUBLIC SERVICE (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS) WHO ARE MEMBERS OF AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED) WHICH IS PROVIDED FOR UNDER THE SUPERANNUATION ACTS 1834 TO 1963 OR ANY OTHER ENACTMENT OR ADMINISTRATIVE MEASURE TO LIKE EFFECT OR IS REQUIRED TO BE MADE, APPROVED OF OR CONSENTED TO (HOWEVER EXPRESSED) BY ONE OR MORE THAN ONE MINISTER OF THE GOVERNMENT, TO PROVIDE FOR THE REDUCTION OF THE AMOUNT PAYABLE, OR RATE OF PAYMENT, OUT OF MONEY PROVIDED BY THE OIREACHTAS OR THE CENTRAL FUND OR THE GROWING PRODUCE OF THAT FUND TO CERTAIN PERSONS FOR CERTAIN SERVICES TO OR ON BEHALF OF THE STATE, TO PROVIDE FOR THE AMENDMENT OF SECTION 4 OF THE LOCAL GOVERNMENT ACT 1998, THE INCOME TAX ACTS AND PART 4A OF THE SOCIAL WELFARE CONSOLIDATION ACT 2005, TO PROVIDE FOR THE DEFERRAL OF LIABILITIES, ACCRUALS OR PAYMENTS DUE UNDER A SCHEME KNOWN AS THE FARM WASTE MANAGEMENT SCHEME AND TO PROVIDE FOR RELATED MATTERS.
[27th February, 2009]
WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred, 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 Exchequer commitments in respect of public service pensions;
AND WHEREAS it is necessary to cut current Exchequer spending substantially to demonstrate to the international financial markets that public expenditure is being significantly controlled so as to ensure continued access to international funding, and to protect the State’s credit rating and reverse the erosion of the State’s international competitiveness;
AND WHEREAS the burden of job losses and salary reductions in the private sector has been very substantial and it is equitable that the public sector should share that burden;
AND WHEREAS it is necessary to take the measures in this Act as part of a range of measures to address the economic crisis;
AND WHEREAS the value of public service pensions is significantly and markedly more favourable than those generally available in other employment—
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Act repealed (1.01.2018 and 1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 4(1), commenced as per ss. 1(2) and 4(2), subject to transitional provisions in ss. 43 and 44.
C2
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 |
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... No. 5 of 2009 ... |
... Financial Emergency Measures in the Public Interest Act 2009 ... |
... The whole Act (except section 13) ... |
C3
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
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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. 5 of 2009 ... |
... Financial Emergency Measures in the Public Interest Act 2009 ... |
... Section 13 ... |
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.