STATUTORY INSTRUMENTS.

S.I. No. 84 of 2005 .

OIREACHTAS (MINISTERIAL AND PARLIAMENTARY OFFICES) (SECRETARIAL ALLOWANCE) REGULATIONS 2005.

S.I. No. 84 of 2005 .

OIREACHTAS (MINISTERIAL AND PARLIAMENTARY OFFICES) (SECRETARIAL ALLOWANCE) REGULATIONS 2005.

I, BRIAN COWEN, Minister for Finance, in exercise of the powers conferred on me by subsections (2A) and (2B) (inserted by section 16 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 ( section 2 of the Oireachtas (Allowances to Members) Act 1962 ( No. 32 of 1962 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Allowance) Regulations 2005.

(2) These Regulations are deemed to have come into operation on 1 January 2005.

2. In these Regulations--

“Minister” means Minister for Finance;

“Ministerial or Parliamentary Office” means Taoiseach, Tánaiste, Minister of the Government, Minister of State, Chairman of Dáil Éireann, Deputy Chairman of Dáil Éireann, Chairman of Seanad Éireann, Deputy Chairman of Seanad Éireann or Leader of Seanad Éireann;

“Regulations of 2004” means Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (No. 5) Regulations 2004 ( S.I. No. 888 of 2004 );

“special secretarial allowance” means the special secretarial allowance granted under section 2(2A) of the Oireachtas (Allowances to Members) Act 1962 (No. 32 of 1962).

3. The amount of the special secretarial allowance is increased to--

(a)  in the case of a member of Dáil Éireann, €34,485 per year, and

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

(i) €17,243 per year, where the member has not opted for additional secretarial facilities under Regulation 4(a) or (b), or

(ii) €6,666 per year, where the member has opted for additional secretarial facilities under Regulation 4(b),

of the Regulations of 2004.

4. The special secretarial allowance shall not be payable to--

(a) a member of Dáil Éireann who opts for additional secretarial facilities under Regulation 3(a), (b) or (c), or

(b) a  member of Seanad Éireann who opts for additional secretarial facilities under Regulation 4(a),

of the Regulations of 2004.

5. A member of--

(a) Dáil Éireann, or

(b) Seanad Éireann being the holder of a Ministerial or Parliamentary Office,

who is entitled to the special secretarial allowance, increased by Regulation 3 of these Regulations, may opt instead in writing, in such manner as directed by the Minister, for the special secretarial allowance to be paid to him or her by way of--

(i)  an  unvouched portion of the allowance, to the amount increased by the Oireachtas (Allowances to Members) (Special Secretarial Allowances) Regulations 2001 ( S.I. No. 434 of 2001 ) in respect of the member, and

(ii)  a vouched portion of the allowance, to the amount of €9,749.

6. The special secretarial allowance or any portion of it (other than the amount referred to in Regulation 3(b)(ii) or the unvouched portion of the allowance referred to in Regulation 5(i), of these Regulations) shall be payable only on foot of receipts for items of expenditure mentioned in the Schedule, vouched in such manner as the Minister may, from time to time, direct.

7. (1) Where a member of Dáil Éireann has opted for additional secretarial facilities under Regulation 3(a), (b) or (c) of the Regulations of 2004 and the implementation of those facilities is delayed, a pro rata portion of the special secretarial allowance, in respect of the period until 30 April 2005, shall be payable to the member in accordance with paragraph (2) of this Regulation until such implementation.

(2) The pro rata portion shall be payable only on foot of receipts or invoices, received by the Commission before 1 July 2005 and vouched in such manner as the Minister may from time to time direct, in respect of items of expenditure mentioned in the Schedule.

8. The Oireachtas (Allowances to Members) (Special Secretarial Allowances) Regulations 2001 ( S.I. No. 434 of 2001 ) are revoked.

SCHEDULE

Regulations 6 and 7

The items of expenditure which may be vouched for the purposes of Regulations 6 and 7--

(1)  include the following:

• purchase of secretarial equipment other than a suite of equipment as specified in Part I of Schedule 1 to the Regulations of 2004,

• purchase of secretarial services pursuant to a contract for services, and

• in the case of Regulation 6, payment of remuneration to persons providing secretarial services other than remuneration to persons engaged under the Regulations of 2004;

(2)  but do not include any of the following:

• expenses relating to accommodation or premises such as purchase or rental of real property, maintenance and decoration,

• transport, travelling or subsistence expenses for members of the Houses of the Oireachtas or their employees,

• gifts, donations or entertainment,

• postal, telephone or telemessage facilities,

• any particular items of expenditure for which the member has already been fully reimbursed pursuant to a statutory scheme, and

• in the case of Regulation 7, payment of remuneration to any employee.

Where expenditure relates to the purchase of secretarial services pursuant to a contract for services or a contract of service, any applicable tax and social insurance costs must be included in the amount vouched in each case.