Ministerial and Parliamentary Offices Act, 1938

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PART IV.

Pensions and Allowances to and in Respect of Former Holders of Certain Ministerial and Parliamentary Offices.

Definitions for the purposes of Part IV.

13.—In this Part of this Act—

the expression “ministerial office” means any office which is one of the following, namely:—

(a) the office of member of the Cabinet in, or Chairman of the First Dáil Eireann, the Second Dáil Eireann or the Third Dáil Eireann;

(b) the office of member of the Provisional Government;

(c) the office of member of the Executive Council of Saorstát Eireann or of Minister appointed under Article 55 of the Constitution of Saorstát Eireann;

(d) the office of Chairman of the Chamber of Deputies (Dáil Eireann) established by the Constitution of Saorstát Eireann;

(e) the office of member of the Government;

(f) the office of Chairman of Dáil Eireann;

the expressions “the First Dáil Eireann”, “the Second Dáil Eireann”, and “the Third Dáil Eireann” have the same meaning as those expressions respectively have in the Interpretation Act, 1923 (No. 46 of 1923);

the expression “the Provisional Government” means the Government constituted pursuant to Article 17 of the Second Schedule to the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922);

the expression “secretarial office” means the office of Parliamentary Secretary;

the expression “qualifying office” means an office which is either a ministerial office or a secretarial office.

(2) Where the Taoiseach certifies in writing that any person performed, during any period commencing on or after the 6th day of December, 1922, and ending on or before the 18th day of June, 1924, duties analogous to those now performable by a Parliamentary Secretary, such person shall, for the purposes of this Part of this Act, be deemed to have held a secretarial office during that period.

(3) Where a person relinquishes a qualifying office and is forthwith appointed to another qualifying office, such person shall, for the purposes of this Part of this Act, be deemed not to have ceased to hold a qualifying office on the occasion of such relinquishment.

(4) Where a person held two or more qualifying offices during a particular period, he shall be deemed for the purposes of this Part of this Act, to have held during such period one only of such qualifying offices.