Houses of the Oireachtas Commission Act 2003

PART 1 Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the Houses of the Oireachtas Commission Act 2003.

(2) This Act comes into operation on the establishment day.

2 Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“annual report” has the meaning given to it by section 6;

“chairperson” means the person who under section 7 holds the office of chairperson of the Commission;

“civil servant” has the meaning given to it by section 1(1) of the Civil Service Regulation Act 1956, as amended by section 17(2) of the Staff of the Houses of the Oireachtas Act 1959;

“Commission” means the Houses of the Oireachtas Commission established by section 3;

“deputy chairperson” means the person who under section 7 holds the office of deputy chairperson of the Commission;

“established civil servant” has the meaning given to it by section 1(1) of the Civil Service Regulation Act 1956;

“establishment day” means the day appointed under section 3 to be the establishment day for the purposes of this Act;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“member of the joint staff of the Houses of the Oireachtas” has the meaning given to it by section 2 of the Staff of the Houses of the Oireachtas Act 1959;

“member of the staff of the Houses of the Oireachtas” has the meaning given to it by section 2 of the Staff of the Houses of the Oireachtas Act 1959;

“Minister” means the Minister for Finance;

“Minister's representative” has the meaning given to it by section 8;

“officer of the Houses of the Oireachtas” has the meaning given to it by section 17(2) of the Staff of the Houses of the Oireachtas Act 1959;

“Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas;

“ongoing expenditure” means payments relating to the matters specified in Schedule 1;

“Secretary General” has the meaning given to it by section 15.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

(3) A reference to another enactment is to that enactment as amended or modified at any time by any enactment.

PART 2 The Commission

3 Establishment of Commission.

3.—(1)(a) Subject to paragraph (b), the establishment day for the purposes of this Act is 1 January 2004.

(b) Section 4(8) shall not come into operation until a resolution is passed under subsection (2).

(2) (a) If Dáil Éireann by resolution so declares, section 4(8), insofar as it relates to Dáil Éireann or a Committee appointed by Dáil Éireann, shall come into operation on such day as may be specified in the resolution.

(b) If Seanad Éireann by resolution so declares, section 4(8), insofar as it relates to Seanad Éireann or a Committee appointed by Seanad Éireann, shall come into operation on such day as may be specified in the resolution.

(c) If Dáil Éireann and Seanad Éireann by resolution so declare, section 4(8), insofar as it relates to a Committee appointed by both Dáil Éireann and Seanad Éireann, shall come into operation on such day as may be specified in the resolution.

(3) On the establishment day, there shall stand established a body to be known as Coimisiún Thithe an Oireachtais or, in the English language, the Houses of the Oireachtas Commission, which shall perform the functions conferred on it by or under this Act.

(4) The Commission is a body corporate with perpetual succession and it has power to sue and it may be sued in its corporate name and may hold and transfer property.

(5) Subject to this Act, the Commission is independent in the performance of its functions.

4 Functions of Commission.

4.—(1) The functions of the Commission shall be to provide for the running of the Houses of the Oireachtas and to administer and manage the Office of the Houses of the Oireachtas.

(2) Without prejudice to the generality of subsection (1), the Commission shall perform the following:

(a) to oversee ongoing expenditure,

(b) to pay the salaries and expenses of the Office of the Houses of the Oireachtas, including certain grants-in-aid and certain expenses in connection with the European Parliament, referred to in Schedule 1,

(c)(i) subject to subparagraph (ii), to exercise the functions of the Minister, including any functions regarding the making of regulations insofar as they relate to those functions, in respect of the provision of secretarial facilities as provided for in the following enactments:

(I) section 10 of the Ministerial and Parliamentary Offices Act 1938 (inserted by section 5 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 and amended by section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001), and

(II) section 2 of the Oireachtas (Allowances to Members) Act 1962 (as amended by section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 and by section 33 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001),

(ii) in relation to secretarial facilities referred to at subparagraph (i), to obtain the consent of the Minister before reaching an agreement with any person in relation to rates of pay, conditions of employment or superannuation rights,

(d) to exercise the functions of the Minister under section 4 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996,

(e) to make legal advice available, in respect of matters arising on or after the establishment day, to—

(i) members of Dáil Éireann and Seanad Éireann, as regards matters arising from their membership of Dáil Éireann or Seanad Éireann, and

(ii) Oireachtas Committees,

(f) subject to subsections (6) and (7)—

(i) in relation to matters arising solely from the performance by them of their parliamentary functions as members of Dáil Éireann or of a Committee appointed by Dáil Éireann, and where authorised by Dáil Éireann to do so on behalf of such members, and in accordance with the terms of such authorisation, to—

(I) initiate legal proceedings as plaintiff or applicant,

(II) seek leave to intervene in existing legal proceedings,

(III) seek leave to be joined as a notice party in legal proceedings,

(ii) in relation to matters arising solely from the performance by them of their parliamentary functions as members of Seanad Éireann or of a Committee appointed by Seanad Éireann, and where authorised by Seanad Éireann to do so on behalf of such members, and in accordance with the terms of such authorisation, to—

(I) initiate legal proceedings as plaintiff or applicant,

(II) seek leave to intervene in existing legal proceedings,

(III) seek leave to be joined as a notice party in legal proceedings,

(iii) in relation to matters arising solely from the performance by them of their parliamentary functions as members of a Committee appointed by both Dáil Éireann and Seanad Éireann, and where authorised by Dáil Éireann and Seanad Éireann to do so on behalf of such members, and in accordance with the terms of such authorisation, to—

(I) initiate legal proceedings as plaintiff or applicant,

(II) seek leave to intervene in existing legal proceedings,

(III) seek leave to be joined as a notice party in legal proceedings,

(iv) in relation to any legal proceedings initiated against members of Dáil Éireann, or of a Committee appointed by Dáil Éireann, as regards matters arising solely from the performance by them of their parliamentary functions as such members, and where authorised by Dáil Éireann to do so on behalf of such members and in accordance with the terms of the authorisation, to conduct the defence of such proceedings on behalf, or for the benefit, of such members,

(v) in relation to any legal proceedings initiated against members of Seanad Éireann, or of a Committee appointed by Seanad Éireann, as regards matters arising solely from the performance by them of their parliamentary functions as such members, and where authorised by Seanad Éireann to do so on behalf of such members, and in accordance with the terms of the authorisation, to conduct the defence of such proceedings on behalf, or for the benefit, of such members,

(vi) in relation to any legal proceedings initiated against members of a Committee appointed by both Dáil Éireann and Seanad Éireann, as regards matters arising solely from the performance by them of their parliamentary functions as such members, and where authorised by Dáil Éireann and Seanad Éireann to do so on behalf of such members, and in accordance with the terms of the authorisation, to conduct the defence of such proceedings on behalf, or for the benefit, of such members,

(g) to perform the functions in relation to staff of the Commission specified in section 12,

(h) to prepare and publish an annual report in accordance with section 6,

(i) to produce handbooks and information relevant to the business of the Houses of the Oireachtas for members of the Houses of the Oireachtas,

(j) to prepare an annual statement of estimates in accordance with section 13, and

(k) to keep accounts in accordance with section 14.

(3) The functions of the Minister, other than functions that relate to reaching an agreement with any person in relation to rates of pay, conditions of employment or superannuation rights, in respect of the provision of secretarial facilities under the following enactments, including functions in relation to the making of regulations, are transferred to the Commission on and from the establishment day:

(a) section 10 of the Ministerial and Parliamentary Offices Act 1938 (inserted by section 5 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 and amended by section 1 of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001), and

(b) section 2 of the Oireachtas (Allowances to Members) Act 1962 (as amended by section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 and by section 33 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001).

(4)(a) The functions of the Minister under section 4 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996, are transferred to the Commission on and from the establishment day.

(b) Section 4 of the Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 is amended by deleting the words “Where an injury is claimed to have been sustained” where they appear in subsections (1) and (2) and substituting them with “Subject to section 4(4)(a) of the Houses of the Oireachtas Commission Act 2003, where an injury is claimed to have been sustained”.

(5) The Commission has the powers that are necessary for or incidental to the performance of its functions under this Act.

(6) In this section “legal proceedings” means proceedings before a court or other tribunal including an arbitrator in respect of a cause of action accruing on or after the establishment day.

(7) Legal proceedings referred to in subsection (2)(f) or an order made in relation to them shall not be affected by a dissolution of Dáil Éireann or a general election for Seanad Éireann after the dissolution.

(8)(a) In any legal proceedings referred to at subsection (2)(f) against members of a Committee appointed by Dáil Éireann or Seanad Éireann, or a Committee appointed by both Dáil Éireann and Seanad Éireann it shall be sufficient—

(i) where the Committee is still in existence when the proceedings are commenced, to name the Chairperson of that Committee to conduct the defence of such proceedings in such cause or matter, on behalf, or for the benefit, of all members so interested,

(ii) where the Committee has ceased to exist before the proceedings are commenced, to name the Commission to conduct the defence of such proceedings in such cause or matter, on behalf, or for the benefit, of all members so interested.

(b) In any legal proceedings referred to at paragraph (a)(i) where the Committee ceases to exist after the proceedings are commenced, the Commission shall be taken to be the Chairperson of the Committee to defend the proceedings in such cause or matter, on behalf, or for the benefit, of all members so interested.

(c) In any legal proceedings referred to at paragraph (a)(ii), it shall not be necessary for the Commission to obtain an authorisation from—

(i) Dáil Éireann to conduct the defence of proceedings against members of a Committee appointed by Dáil Éireann,

(ii) Seanad Éireann to conduct the defence of proceedings against members of a Committee appointed by Seanad Éireann, or

(iii) Dáil Éireann and Seanad Éireann to conduct the defence of proceedings against members of a Committee appointed by Dáil Éireann and Seanad Éireann.

5 Funding of Commission.

5.—(1) Subject to subsection (2) the expenditure incurred by the Commission in the performance of its functions during the period of 3 years from the establishment day, shall be charged on and paid out of the Central Fund, or the growing produce thereof.

(2) Not more than the sum of €295,000,000 shall be so charged and paid out.

(3) Receipts of the Commission specified in Schedule 2 shall be paid by it into the Central Fund.

6 Reports.

6.—(1) The Commission shall prepare and publish a report in each year (in this Act referred to as the “annual report”) on the activities of the Commission in the previous year.

(2) The first annual report shall be in respect of the period beginning on the establishment day and ending on the following 31 December and shall be published not later than the following 30 June.

(3) Each subsequent annual report shall be published not later than 6 months after the end of the year to which it relates.

(4) Each annual report shall be laid by the Commission before both Houses of the Oireachtas.

(5) If requested to do so by either House of the Oireachtas or by an Oireachtas Committee authorised by the standing orders of either such House to do so, the Secretary General shall furnish to the House or Committee, on behalf of the Commission, information relating to one or more of the following:

(a) policies and activities of the Commission;

(b) accounts prepared by the Commission;

(c) any other matter relating to the functions of the Commission.

7 Chairperson of Commission.

7.—(1) The Chairman of Dáil Éireann is the chairperson of the Commission and is to ensure that it performs its functions efficiently.

(2) There shall be a deputy chairperson of the Commission (“the deputy chairperson”).

(3)(a) As soon as may be after the establishment day, the chairperson shall appoint in writing a member of the Commission, other than the Secretary General, to be the deputy chairperson.

(b) The deputy chairperson shall act as chairperson of the Commission if the chairperson is unable to perform his or her functions.

(c) The Commission may appoint a member of the Commission, other than the Secretary General, to be the deputy chairperson where—

(i) the chairperson is unable to perform his or her functions and has not appointed a member of the Commission under subsection (3)(a),

(ii) both the chairperson and the person appointed under subsection (3)(a) are unable to perform the functions of chairperson, or

(iii) the office of Chairman of Dáil Éireann is vacant.

8 Membership and term of office.

8.—(1) The Commission consists of the following members:

(a) the Chairman of Dáil Éireann;

(b) the Chairman of Seanad Éireann;

(c) the Secretary General;

(d) a member appointed by the Minister (and in this Act referred to as the “Minister's representative”), and

(e) not more than 7 ordinary members.

(2) The Minister's representative shall be a member of one of the Houses of the Oireachtas.

(3) (a) 4 of the ordinary members of the Commission shall be appointed by Dáil Éireann or a Committee of that House authorised by it to do so and shall be members of that House.

(b) 3 of the ordinary members of the Commission shall be appointed by Seanad Éireann or a Committee of that House authorised by it to do so and shall be members of that House.

(4) In relation to the ordinary members of the Commission referred to in subsection (3) and the Minister's representative—

(a) subject to paragraph (b), the first such appointments shall be made after the passing of this Act,

(b) no appointment referred to at paragraph (a) shall take effect until the establishment day,

(c) subsequent appointments shall be made as soon as may be after the first meeting of the House, or Committee concerned, after a general election for members of that House.

(5) Section 3 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (as amended by section 39 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001) is amended—

(a) in subsection (1)(a)(ix), by deleting “or”, and

(b) by inserting the following words and subparagraphs after subsection (1)(a)(ix):

“or

(x) the Minister's representative on the Houses of the Oireachtas Commission, or

(xi) ordinary members of the Houses of the Oireachtas Commission.”,

and

(c) by inserting in subsection (3), the following definition after the definition of “Assistant Party Whip in Dáil Éireann”:

“ ‘Minister's representative’ has the same meaning as it has in section 8(1)(d) of the Houses of the Oireachtas Commission Act 2003 and does not mean a person appointed to that Commission under section 9(2) of that Act;”,

and