No. 38/1959:

STAFF OF THE HOUSES OF THE OIREACHTAS ACT, 1959

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title.

2 Interpretation.

3 Members of staff of the Houses of the Oireachtas to be civil servants of the State.

4 Administrative expenses.

PART II APPOINTMENT OF MEMBERS OF THE STAFF OF THE HOUSES OF THE OIREACHTAS

5 Appointment of Clerk and Clerk-Assistant of Dáil Éireann.

6 Appointment of Clerk and Clerk-Assistant of Seanad Éireann.

7 Appointment of Superintendent, Houses of the Oireachtas, and Captain of the Guard, Houses of the Oireachtas.

8 Appointment of members of the joint staff of the Houses of the Oireachtas.

9 Capacity in which appointments are to be made.

10 Provisions in relaxation to existing staff.

PART III APPLICATION OF COMMISSIONERS ACT TO MEMBERS OF THE JOINT STAFF OF THE HOUSES OF THE OIREACHTAS AND AMENDMENTS OF THAT ACT

11 Application of Commissioners Act to members of the joint staff of the Houses of the Oireachtas.

12 Amendment of section 2 (1) of the Commissioners Act.

13 Amendment of section 3 of the Commissioners Act.

14 Repeal of section 6 (1) of the Commissioners Act.

15 Adaptation of references in Commissioners Act to the Regulation Act.

PART IV APPLICATION OF REGULATION ACT AND THE AMENDING REGULATION ACT TO MEMBERS OF THE STAFF OF THE HOUSES OF THE OIREACHTAS AND AMENDMENTS OF THOSE ACTS

16 Application of Regulation Act to members of the staff of the Houses of the Oireachtas.

17 Amendment of section 1 (1) of the Regulation Act.

18 Amendment of section 2 of the Regulation Act.

19 Repeal of section 3 (4) of the Regulation Act.

20 Amendment of section 5 of the Regulation Act as respects members of the staff of the Houses of the Oireachtas.

21 Suspension by Chairman of Seanad Éireann of member of the staff of the Houses of the Oireachtas.

22 Amendment of section 15 of the Regulation Act as respects members of the staff of the Houses of the Oireachtas.

23 Hours of attendance on duty of members of the staff of the Houses of the Oireachtas.

24 Cesser of power of appointment of members of the staff of the Houses of the Oireachtas conferred by section 19 of the Regulation Act.

25 Repeal of section 20 (2) (c) of the Regulation Act.

26 Repeal of section 4 of the amending Regulation Act.

PART V MISCELLANEOUS PROVISIONS

27 Application of Superannuation Act, 1834 to 195.

28 Superannuation of certain members of the staff of the Houses of the Oireachtas.

29 Illness or absence of Chairman of Dáil Éireann or Seanad Éireann.

AN ACT TO PROVIDE, IN RELATION TO THE STAFF OF THE HOUSES OF THE OIREACHTAS, FOR THE FOLLOWING MATTERS—

( a ) THE APPOINTMENT OF MEMBERS THEREOF,

( b ) THE APPLICATION, WITH AMENDMENTS, OF THE CIVIL SERVICE COMMISSIONERS ACT, 1956 , TO CERTAIN MEMBERS THEREOF,

( c ) THE APPLICATION, WITH AMENDMENTS, OF THE CIVIL SERVICE REGULATION ACT, 1956 , AND THE CIVIL SERVICE REGULATION (AMENDMENT) ACT, 1958 , TO MEMBERS THEREOF,

( d ) THE SUPERANNUATION OF MEMBERS THEREOF, AND

( e ) CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[9th December, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Staff of the Houses of the Oireachtas Act, 1959 .

2.—In this Act—

"the amending Regulation Act" means the Civil Service Regulation (Amendment) Act, 1958 ;

"the Commissioners Act" means the Civil Service Commissioners Act, 1956 ;

"member of the joint staff of the Houses of the Oireachtas" does not include an officer of the Houses of the Oireachtas;

"member of the staff of the Houses of the Oireachtas" includes an officer of the Houses of the Oireachtas;

"the Minister" means the Minister for Finance;

"officer of the Houses of the Oireachtas" means a person being—

( a ) the Clerk or Clerk-Assistant of Dáil Éireann or Seanad Éireann, or

( b ) the Superintendent, Houses of the Oireachtas, or

( c ) the Captain of the Guard, Houses of the Oireachtas;

"the Regulation Act" means the Civil Service Regulation Act, 1956 .

3.—Members of the staff of the Houses of the Oireachtas are civil servants of the State.

4.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

PART II APPOINTMENT OF MEMBERS OF THE STAFF OF THE HOUSES OF THE OIREACHTAS

5.—(1) In this section—

"office" means an office being either the office of Clerk of Dáil Éireann or the office of Clerk-Assistant of Dáil Éireann;

"the Chairman" means the Chairman of Dáil Éireann.

(2) ( a ) Subject to subsection (3) of this section, each of the following officers, namely, the Clerk of Dáil Éireann, and the Clerk-Assistant of Dáil Éireann, shall be appointed by the Taoiseach on the joint recommendation of the Chairman and the Minister.

( b ) Where the Chairman and the Minister are satisfied that no member of the staff of the Houses of the Oireachtas is suitable for appointment to an office, they may, under paragraph (a) of this subsection, recommend for appointment to that office a person who is not a member of the staff of the Houses of the Oireachtas.

(3) ( a ) If the Chairman and the Minister fail to agree on a recommendation of a person for appointment to an office, then, the Taoiseach shall nominate a person for appointment to that office and shall, with the concurrence of Dáil Éireann, appoint that person to that office.

( b ) Where the Taoiseach is satisfied that no member of the staff of the Houses of the Oireachtas is suitable for appointment to an office, he may under paragraph (a) of this subsection nominate for appointment to that office a person who is not a member of the staff of the Houses of the Oireachtas.

6.—(1) In this section—

"office" means an office being either the office of Clerk of Seanad Éireann or the office of Clerk-Assistant of Seanad Éireann;

"the Chairman" means the Chairman of Seanad Éireann.

(2) ( a ) Subject to subsection (3) of this section, each of the following officers, namely, the Clerk of Seanad Éireann, and the Clerk-Assistant of Seanad Éireann, shall be appointed by the Taoiseach on the joint recommendation of the Chairman and the Minister.

( b ) Where the Chairman and the Minister are satisfied that no member of the staff of the Houses of the Oireachtas is suitable for appointment to an office, they may, under paragraph (a) of this subsection, recommend for appointment to that office a person who is not a member of the staff of the Houses of the Oireachtas.

(3) ( a ) If the Chairman and the Minister fail to agree on a recommendation of a person for appointment to an office, then, the Taoiseach shall nominate a person for appointment to that office and shall, with the concurrence of Seanad Éireann, appoint that person to that office.

( b ) Where the Taoiseach is satisfied that no member of the staff of the Houses of the Oireachtas is suitable for appointment to an office, he may, under paragraph (a) of this subsection, nominate for appointment to that office a person who is not a member of the staff of the Houses of the Oireachtas.

7.—Each of the following officers, namely, the Superintendent, Houses of the Oireachtas, and the Captain of the Guard, Houses of the Oireachtas, shall be appointed by the Taoiseach after consultation with the Chairman of Dáil Éireann and the Chairman of Seanad Éireann.

8.—(1) The Chairman of Dáil Éireann, after consultation with the Chairman of Seanad Éireann, may appoint such and so many persons to serve as members of the joint staff of the Houses of the Oireachtas as he may, with the sanction of the Minister, determine.

(2) Every appointment made under subsection (1) of this section shall be subject to the provisions of the Commissioners Act, as applied and amended by Part III of this Act.

9.—Where a person is appointed a member of the staff of the Houses of the Oireachtas, the instrument of appointment shall bear on its face a statement whether the position to which he is appointed is or is not an established position, within the meaning of the Commissioners Act.

10.—Every person who immediately before the passing of this Act was either a member of the staff of the Houses of the Oireachtas (within the meaning of subsection (1) of section 1 of the Regulation Act, as originally enacted) or an officer of the Houses of the Oireachtas (within the meaning of subsection (1) of section 1 of the Regulation Act, as originally enacted) shall on the passing of this Act become and be a member of the staff of the Houses of the Oireachtas and shall be deemed to have been appointed under this Act to a position corresponding to that held by him immediately before such passing.

PART III APPLICATION OF COMMISSIONERS ACT TO MEMBERS OF THE JOINT STAFF OF THE HOUSES OF THE OIREACHTAS AND AMENDMENTS OF THAT ACT

11.—The provisions of the Commissioners Act shall, as amended by this Act, apply to members of the joint staff of the Houses of the Oireachtas, with and subject to the modification that, in subsection (1) of section 27 of the Commissioners Act, "Chairman of Dáil Éireann" shall be substituted for "Minister of State by whom the appointment is made".

12.—(1) So much of subsection (1) (as originally enacted) of section 2 of the Commissioners Act as defines "member of the staff of the Houses of the Oireachtas", "officer of the Houses of the Oireachtas" and "position" is hereby repealed.

(2) There shall be inserted in subsection (1) of section 2 of the Commissioners Act the following three new definitions—

'"member of the joint staff of the Houses of the Oireachtas" does not include an officer of the Houses of the Oireachtas;

"officer of the Houses of the Oireachtas" means a person being—

( a ) the Clerk or Clerk-Assistant of Dáil Éireann or Seanad Éireann, or

( b ) the Superintendent, Houses of the Oireachtas, or

( c ) the Captain of the Guard, Houses of the Oireachtas;

"position" means a position in the Civil Service'.

13.—(1) In subsection (1) of section 3 of the Commissioners Act, there shall be substituted for paragraph (a), the following new paragraph—

"( a ) in relation to the position of a member of the joint staff of the Houses of the Oireachtas—the Chairman of Dáil Éireann".

(2) In the Table to subsection (2) of section 3 of the Commissioners Act, the entries at reference number 1 shall be repealed.

14.—Subsection (1) of section 6 of the Commissioners Act is hereby repealed.

15.—References in the Commissioners Act to the Regulation Act shall be construed as references to the Regulation Act as applied and amended by Part IV of this Act.

PART IV APPLICATION OF REGULATION ACT AND THE AMENDING REGULATION ACT TO MEMBERS OF THE STAFF OF THE HOUSES OF THE OIREACHTAS AND AMENDMENTS OF THOSE ACTS

16.—(1) The provisions of the Regulation Act and the amending Regulation Act shall, as amended by this Act, apply to members of the staff of the Houses of the Oireachtas.

(2) The provisions of the Regulation Act and the amending Regulation Act, as applied by subsection (1) of this section, shall apply to persons who are members of the staff of the Houses of the Oireachtas on the date of the passing of this Act as well as to persons who become members of the staff of the Houses of the Oireachtas after that date.

17.—(1) So much of subsection (1) (as originally enacted) of section 1 of the Regulation Act as defines "civil servant", "member of the staff of the Houses of the Oireachtas" and "officer of the Houses of the Oireachtas" is hereby repealed.

(2) There shall be inserted in subsection (1) of section 1 of the Regulation Act the following four new definitions—

"civil servant" means a person holding a position in the Civil Service and includes a member of the stall of the Houses of the Oireachtas;

"member of the joint staff of the Houses of the Oireachtas" does not include an officer of the Houses of the Oireachtas;

"member of the staff of the Houses of the Oireachtas" includes an officer of the Houses of the Oireachtas;

"officer of the Houses of the Oireachtas" means a person being—

( a ) the Clerk or Clerk-Assistant of Dáil Éireann or Seanad Éireann, or

( b ) the Superintendent, Houses of the Oireachtas, or

( c ) the Captain of the Guard, Houses of the Oireachtas;

18.—(1) Subsection (1) of section 2 of the Regulation Act is hereby amended in the following respects—

(I) There shall be inserted the following two new paragraphs—

"(aa) in relation to a civil servant who is the Clerk or Clerk-Assistant of Dáil Éireann, the Superintendent, Houses of the Oireachtas, the Captain of the Guard, Houses of the Oireachtas or a member of the joint staff of the Houses of the Oireachtas, the Chairman of Dáil Éireann,

(ab) in relation to a civil servant who is the Clerk or Clerk-Assistant of Seanad Éireann, the Chairman of Seanad Éireann,";

(II) in paragraph (b), the words "a member of the staff of the Houses of the Oireachtas or" shall be repealed.

(2) Paragraphs (a) and (b) (as originally enacted) of subsection (2) of section 2 of the Regulation Act are hereby repealed.

19.—Subsection (4) of section 3 of the Regulation Act is hereby repealed.

20.—Notwithstanding anything contained in section 5 of the Regulation Act, as applied and amended by this Act—

( a ) an established civil servant who is the Clerk or Clerk-Assistant of Dáil Éireann shall not be removed from office by the Government except upon the recommendation of the Chairman of Dáil Éireann,

( b ) an established civil servant who is the Clerk or Clerk-Assistant of Seanad Éireann shall not be removed from office by the Government except upon the recommendation of the Chairman of Seanad Éireann,

( c ) an established civil servant who is the Superintendent, Houses of the Oireachtas, or the Captain of the Guard, Houses of the Oireachtas, shall not be removed from office by the Government except after consultation with the Chairman of Dáil Éireann and the Chairman of Seanad Éireann,

( d ) an established civil servant who is a member of the joint staff of the Houses of the Oireachtas shall not be removed from office by the Government except upon the recommendation of the Chairman of Dáil Éireann, given alter consultation with the Chairman of Seanad Éireann.

21.—(1) In this section—

"the appropriate authority" means the Chairman of Dáil Éireann;

"the Chairman" means the Chairman of Seanad Éireann;

"civil servant to whom this section applies" means a member of the joint staff of the Houses of the Oireachtas;

"suspend" means, in relation to a civil servant to whom this section applies, suspend from duty under subsection (2) of this section, and cognate words shall be construed accordingly.

(2) The Chairman may suspend from duty a civil servant to whom this section applies, who, while employed on duties directly related to the business of Seanad Éireann, is guilty of grave misconduct warranting disciplinary action.

(3) The Chairman may terminate the suspension of a civil servant to whom this section applies who is suspended under subsection (2) of this section.

(4) Where the Chairman terminates, under subsection (3) of this section, the suspension of a civil servant to whom this section applies and restores him to duty—

( a ) the appropriate authority, if satisfied that considerations of equity so require, shall direct that ordinary remuneration, in whole or in part, as the appropriate authority may direct, shall be paid to that civil servant in respect of the period of suspension,

( b ) before the appropriate authority decides not to give a direction under paragraph (a) of this subsection or decides to give a direction under that paragraph for payment of part only of ordinary remuneration, the civil servant shall be given an opportunity of making to the appropriate authority any representations he may wish to offer.

(5) Where the suspension of a civil servant to whom this section applies is terminated by his dismissal from office, the appropriate authority, if considerations of equity so require, shall direct that ordinary remuneration in whole or in part, as the appropriate authority may direct, be paid to him in respect of the period of suspension.

(6) ( a ) Save in accordance with subsections (4) or (5) of this section, a civil servant to whom this section applies who is suspended shall not be paid remuneration in respect of the period of suspension.

( b ) Where a civil servant to whom this section applies is suspended and satisfies the appropriate authority that by reason of the prolongation of the investigation of his case, undue hardship is being caused nothing in paragraph (a) of this subsection shall prevent the appropriate authority from authorising, for the mitigation of hardship, payment of such portion, as the appropriate authority thinks fit, of the remuneration which would, but for his suspension, have been payable to that civil servant.

(7) The preceding provisions of this section shall not be construed as affecting the operation of sections 13 and 14 of the Regulation Act.

22.—Notwithstanding anything contained in paragraph (a) of subsection (3) of section 15 of the Regulation Act, the Minister shall not give a direction under that paragraph in relation to a member of the staff of the Houses of the Oireachtas except after consultation with the appropriate authority within the meaning of the Regulation Act, as amended by this Act.

23.—(1) Section 17 of the Regulation Act shall not apply to the fixing of the hours of attendance on duty of members of the staff of the Houses of the Oireachtas.

(2) The hours of attendance on duty of every member of the staff of the Houses of the Oireachtas—

( a ) shall, in the case of the Clerk and the Clerk-Assistant of Dáil Éireann, be such as may be fixed from time to time by the Chairman of Dáil Éireann,

( b ) shall, in the case of the Clerk and the Clerk-Assistant of Seanad Éireann, be such as may be fixed from time to time by the Chairman of Seanad Éireann,

( c ) shall, in the case of the Superintendent, Houses of the Oireachtas, the Captain of the Guard, Houses of the Oireachtas, and a member of the joint staff of the Houses of the Oireachtas, be such as may be fixed from time to time by the Chairman of Dáil Éireann, after consultation with the Chairman of Seanad Éireann.

24.—The power conferred by section 19 of the Regulation Act of appointing a person to be a member of the staff of the Houses of the Oireachtas shall not be exercisable after the passing of this Act.

25.—Paragraph (c) of subsection (2) of section 20 of the Regulation Act is hereby repealed.

26.—Section 4 of the amending Regulation Act is hereby repealed.

PART V MISCELLANEOUS PROVISIONS

27.—The provisions of the Superannuation Acts, 1834 to 1956 shall apply to or in respect of members of the staff of the Houses of the Oireachtas.

28.—(1) In lieu of any payments under the Superannuation Acts, 1834 to 1956, there shall be payable, on his retirement from office, to the person holding on the 1st day of June, 1959, the office of the Superintendent, Houses of the Oireachtas, a superannuation allowance of £450 per annum during his lifetime and by way of additional allowance a lump sum of £1,150.

(2) In lieu of any payments under the Superannuation Acts, 1834 to 1956, there shall be payable, on his retirement from office, to the person holding on the 1st day of June, 1959, the office of the Captain of the Guard, Houses of the Oireachtas, a superannuation allowance of £400 per annum during his lifetime and by way of additional allowance a lump sum of £1,000.

(3) ( a ) In this subsection—

"civil servant to whom this subsection applies" means a member of the staff of the Houses of the Oireachtas (other than the Superintendent, Houses of the Oireachtas, or the Captain of the Guard, Houses of the Oireachtas) holding office on the 1st day of June, 1959;

"reckonable service" means, in relation to a civil servant to whom this subsection applies, service rendered by him which would, if this subsection were not passed, be reckoned in computing his superannuation allowance and additional allowance under the Superannuation Acts, 1834 to 1956.

( b ) For the purpose of calculating the superannuation allowance and additional allowance payable under the Superannuation Acts, 1834 to 1956, to a civil servant to whom this subsection applies, whose reckonable service would, if he retired on attaining the age of sixty-five years, exceed sixteen years but not twenty-six years, the Minister may add to the reckonable service of that civil servant such period of notional service as the Minister thinks proper, so however that the total of the reckonable service of that civil servant and the notional service so added shall not exceed the period of service by reference to which the superannuation allowance and additional allowance payable under subsection (1) of this section were computed.

29.—(1) Whenever the Chairman of Dáil Éireann is unable through illness or absence from the State to transact the business of his office, any power vested in him by this Act may be exercised by the Deputy Chairman of Dáil Éireann.

(2) Whenever the Chairman of Seanad Éireann is unable through illness or absence from the State to transact the business of his office, any power vested in him by this Act may be exercised by the Deputy Chairman of Seanad Éireann.