S.I. No. 87/1990:

OIREACHTAS (ALLOWANCES TO MEMBERS) (TRAVELLING FACILITIES) (AMENDMENT) REGULATIONS, 1990.

OIREACHTAS (ALLOWANCES TO MEMBERS) (TRAVELLING FACILITIES) (AMENDMENT) REGULATIONS, 1990.

I, ALBERT REYNOLDS, Minister for Finance, in exercise of the powers conferred on me by section 5 (1) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1964 (No. 14 of 1964), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 81 of 1987 ), hereby make the following regulations:

1. These Regulations may be cited as the Oireachtas (Allowances to Members) (Travelling Facilities) (Amendment) Regulations, 1990.

2. The Oireachtas (Allowances to Members) (Travelling Facilities) (Amendment) Regulations, 1989 ( S.I. No. 259 of 1989 ), are hereby revoked.

3. The Oireachtas (Allowances to Members) (Travelling Facilities) Regulations, 1983 ( S.I. No. 341 of 1983 ), shall have and be deemed to have had effect as on and from the 1st day of January, 1989, as if the following Regulation had been substituted for Regulation 3:

"3. The following facilities are hereby prescribed as the travelling facilities for the purposes of the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), for members of Dáil Éireann or Seanad Éireann--

( a ) in cases in which, the normal place of residence of the member being within 10 miles of Leinster House, he attends a meeting of Dáil Éireann or Seanad Éireann or of a committee of Dáil Éireann or Seanad Éireann of which he is a member, an allowance of £25 for each day upon which he attends such a meeting, together with such amounts (if any) as correspond to the amounts of any increases on or after the 1st day of January 1990, of the rates of the mileage allowance specified in paragraph (c) of this Regulation in force on or after that day, and

( b ) in cases in which, the normal place of residence of the member being within 20 miles but not within 10 miles of Leinster House, he attends a meeting of Dáil Éireann or Seanad Éireann or of a committee of Dáil Éireann or Seanad Éireann of which he is a member, an allowance calculated, at his option (which shall be exercisable in respect of each day in relation to which the allowance is payable), in accordance with either paragraph (a) or paragraph (c) of this Regulation:

Provided that for the purposes of the calculation of the allowance in accordance with the said paragraph (c) for days in respect of which an allowance under the said paragraph (a) is not payable to the member, he shall, in relation to any day in respect of which an allowance under the aforesaid paragraph (a) is payable to him, be deemed to have travelled twice the distance between his normal place of residence and Leinster House and to have been paid the appropriate allowance under the aforesaid paragraph (c) in respect of such travel, and

( c ) in all other cases--

(i) if the member travelled in his own motorcar, a mileage allowance at such rates as are payable to civil servants:

Provided however, that the periods in respect of which the rates aforesaid apply shall be:

(I) in the case of a member of Dáil Éireann--

(A) any period of 12 months beginning on the 1st day of January in any year (being a period occurring between the polling day of a general election for Dáil Éireann and the day of the dissolution of Dáil Éireann next following that day),

(B) any period of less than 12 months beginning on the 1st day of January in any year and ending on the day of the dissolution of Dáil Éireann (referred to subsequently in this subclause as "the dissolution day") next following the 1st day of January in that year (being a period occurring between the polling day of the general election for Dáil Éireann held next before the dissolution day and the dissolution day),

(C) any period beginning on the polling day of a general election for Dáil Éireann and ending on the day of the dissolution of Dáil Éireann next following that polling day or the 31st day of December next following that polling day, whichever is the earlier,

and

(II) in the case of a member of Seanad Éireann--

(A) any period of 12 months beginning on the 1st day of January in any year (being a period occurring between the polling day of a general election for Seanad Éireann and the day immediately preceding the polling day next following that polling day),

(B) any period of less than 12 months beginning on the 1st day of January in any year and ending on the day immediately preceding the polling day (referred to subsequently in this subclause as "the specified polling day") of the general election for Seanad Éireann next following the 1st day of January in that year (being a period occurring between the polling day of the general election for Seanad Éireann held next before the specified polling day and the specified polling day),

(C) any period beginning on the polling day of a general election for Seanad Éireann and ending on the day immediately preceding the polling day of the general election for Seanad Éireann next following that polling day or the 31st day of December next following the first-mentioned polling day, whichever is the earlier,

or

(ii) if the member travelled other than in his own motor car, such travelling expenses in respect of such travel as, in the opinion of the Minister for Finance, were reasonably incurred.".

GIVEN under my Official Seal, this 5th day of April, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for--

( a ) an increase in the daily travel allowance payable to members living within 10 miles of Leinster House on days on which the relevant House (or a committee of that House) is sitting;

( b ) an optional arrangement whereby the above travel allowance may be paid -- in lieu of other travel expenses -- to members living between 10 and 20 miles from Leinster House;

( c ) an amendment to the period used in calculating the appropriate rates of motor mileage allowances for members;

The commencement date for the above provisions is 1 January 1989.