S.I. 278 of 2005

Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) (Amendment) Order 2005.

The Government, in exercise of the powers conferred on them by section 3A (inserted by section 5 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 ( section 25 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ( section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 and amended by section 8 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ) of the Ministerial and Parliamentary Offices Act 1938 (No. 38 of 1938), hereby order as follows:

1.         This Order may be cited as the Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) (Amendment) Order 2005.

2.         The Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) Order 2002 ( S.I. No. 87 of 2002 ) (as amended by the Members of the Oireachtas and Ministerial and Parliamentary Offices (Allowances and Salaries) Order 2004 ( S.I. No. 20 of 2004 )) is amended -

(a)        by substituting the following for Article 4:

“4.        The amounts payable under section 3(1) of the Oireachtas (Allowances to Members) Act 1938 (No. 34 of 1938) to each member of Dáil Éireann on and from 1 June 2005 shall be:

(a)        in the case of a member of Dáil Éireann other than one to whom subparagraph (b) or (c) applies, an amount at the rate of €85,958 per year,

(b)        in the case of a member of Dáil Éireann who has not less than 7 years (but less than 10 years) service as a member of the Oireachtas, an amount at the rate of €88,701 per year, and

(c)        in the case of a member of Dáil Éireann who has not less than 10 years service as a member of the Oireachtas, an amount at the rate of €91,441 per year,

but if a member of Dáil Éireann holds an office to which Part II of the Act of 1938 applies, the amount payable to the member under this paragraph shall be an amount at the rate of €85,958 per year, even if the member has 7 or more years of service as a member of the Oireachtas.”,

(b)        by substituting the following for Article 5:

“5.        The amount payable under section 3(2) of the Oireachtas (Allowances to Members) Act 1938 to each member of Seanad Éireann on and from 1 June 2005 shall be:

(a)        in the case of a member of Seanad Éireann other than one to whom subparagraph (b) or (c) applies, an amount at the rate of €60,171 per year,

(b)        in the case of a member of Seanad Éireann who has not less than 7 years (but less than 10 years) service as a member of the Oireachtas, an amount at the rate of €62,091 per year, and

(c)        in the case of a member of Seanad Éireann who has not less than 10 years service as a member of the Oireachtas, an amount at the rate of €64,009 per year,

but if a member of Seanad Éireann holds an office to which Part II of the Act of 1938 applies, the amount payable to the member under this Article shall be an amount at the rate of €60,171 per year, even if the member has 7 or more years of service as a member of the Oireachtas.”,

and

(c)        by substituting the following for Article 7:

“7.        The amount payable under section 4 of the Act of 1938 to the Attorney General from 1 June 2005 shall be:

(a)        if the person who holds the office is not a member of either House of the Oireachtas, a sum not exceeding the rate of €185,722 per year, and

(b)        if that person is a member of either House of the Oireachtas, a sum not exceeding the rate of €99,764 per year.”.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation).

In line with the recommendations contained in Report No.38 of the Review Body on Higher Remuneration in the Public Sector, the Order applies increases with effect from 1 June 2005 to the salaries of members of the Oireachtas and the Attorney General as a result of the increases recommended in the Report of the Public Service Benchmarking Body for the grade of Principal in the Civil Service. The Order does not reflect the new rates payable to TDs, Senators and the Attorney General arising from the application of the fourth-phase 1.5.% increase due under the terms of the Sustaining Progress national wage agreement, with effect from 1 June 2005.