(LRC Revised)

Number 38 of 1938

MINISTERIAL AND PARLIAMENTARY OFFICES ACT 1938

REVISED

Updated to 6 November 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Ministerial and Parliamentary Offices Act

1938

. It is prepared by the Law Reform Commission in accordance with its function

under the

Law Reform Commission Act 1975

(3/1975) to keep the law under review

and to undertake revision and consolidation of statute law.

All Acts up to and including

Housing Finance Agency (Amendment) Act 2025

(11/2025), enacted 28 October 2025, and all statutory

instruments up to and including

Oireachtas (Ministerial and Parliamentary Offices) (Secretarial Facilities) (Amendment)

Regulations 2025

(S.I. No. 530 of 2025), made 6 November 2025, were considered in the preparation

of this

Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no

responsibility for and give no guarantees, undertakings or warranties concerning the

accuracy, completeness or up to date nature of the information provided and does not

accept

any liability whatsoever arising from any errors or omissions. Please notify any errors,

omissions and comments by email to

revisedacts@lawreform.ie.

Number

38

of

1938

MINISTERIAL AND

PARLIAMENTARY OFFICES ACT 1938

REVISED

Updated to 6 November 2025

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Repeals.

PART II.

Remuneration of Members of the Government, Parliamentary Secretaries,

the Attorney-General, and the Chairman and Deputy Chairman of DÁil Eireann and

Seanad Eireann.

3.

Remuneration of Members of the Government and Parliamentary Secretaries.

4.

Remuneration of Attorney

General.

5.

Remuneration of the Chairman

and Deputy Chairman of Dáil Éireann

6.

Remuneration of the Chairman

and Deputy Chairman of Seanad Éireann.

6A.

Remuneration of the Leader of Seanad

Éireann.

7.

Supplemental provisions in relation to salaries.

8.

Payment of salaries out or

moneys provided by the Oireachtas.

8A.

Increase of annual sums payable pursuant to Principal

Act.

8B.

Salaries to be adjusted automatically by reference to

salary increases in Civil Service.

8C.

Rights of Ministers and others to elect not to accept

increase in salary.

8D.

Salaries to be paid in monthly

instalments.

PART III.

Allowances to Leaders of Certain Parties in DÁil

Eireann.

9.

Definitions for the purposes

of Part III.

(Repealed)

9A.

Payment of annual allowance to

Government Party Leader or Leaders.

(Repealed)

10.

Payment of Parliamentary

Activities Allowance to parliamentary leaders of qualifying parties and

to independent members.

10A.

Additional condition for

payment of allowance under section 10.

10B.

Statement of

expenditure.

10C.

Retention and public

inspection.

10D.

Review by

Commission.

10E.

Restriction of certain

sections’ application to cases falling on or after specified

days.

10F.

Repayment of annual allowances

by parliamentary leaders of qualifying parties and by independent

members.

10G.

Guidelines.

10H.

Interpretation — sections 10

to 10G.

11.

Increase and decrease of

allowances payable under this Part.

11A.

Allowances to be adjusted

automatically by reference to salary increases or decreases in Civil

Service.

12.

Payment of allowances out of Central Fund.

PART IV.

Pensions and Allowances to and in Respect of Former Holders of

Certain Ministerial and Parliamentary Offices.

13.

Definitions for the purposes of Part IV.

13A.

Ministerial pensions and

secretarial pensions.

13AA.

Ministerial

and secretarial pensions for less than 3 years' qualifying

service.

13AB.

Special

provisions for calculating appropriate salary of certain former Attorneys

General.

13B.

Special pension arrangements

for pre-qualified persons.

13C.

Pro-rata pensions.

13D.

Averaging of ministerial and secretarial service for

secretarial pension.

13E.

Special provisions for pensions payable to certain

Ministers of State.

14.

Pensions to former holders of ministerial offices.

15.

Gratuities to former law

officers.

16.

Pensions to former holders οf secretarial offices.

17.

Commencement of ministerial and secretarial pensions.

18.

Determination of questions of ministerial service.

19.

Prohibition of double pensions.

20.

Pensions and allowances

payable to surviving spouses and children of deceased office

holders.

20A.

Child allowance to be adjusted

automatically by reference to salary increases in Civil

Service.

20B.

Power to continue payment of

child allowance to incapacitated children.

20C.

Power to reinstate certain

terminated surviving spouse's pensions.

21.

Grant of pensions, gratuities and allowances.

22.

Prohibition of assignment, etc., of pensions, gratuities and allowances.

23.

Suspension of pensions and allowances.

24.

Payment of pensions, gratuities and allowances out of Central Fund.

PART V.

Severance payments to former holders of certain Ministerial and

Parliamentary Offices

25.

Definitions for the purposes of Part V.

(Repealed)

26.

Entitlement to severance allowance.

(Repealed)

27.

Certain persons ineligible for severance

allowance.

(Repealed)

28.

Commencement and cesser of severance

allowance.

(Repealed)

29.

Annual rate of severance allowance.

(Repealed)

29A.

Severance allowance payable to certain former

Ministers of State.

(Repealed)

30.

Recalculation or resumption of severance allowance in

certain circumstances.

(Repealed)

31.

Special allowance for former Taoisigh.

(Repealed)

32.

Payment of allowances under Part V out of Central

Fund.

(Repealed)

PART VI.

Miscellaneous Provisions

33.

Chairman and Deputy Chairman to continue in office

for limited period after dissolution of Dáil Éireann.

34.

Chairman and Deputy Chairman to continue in office

for limited period after dissolution of Seanad Éireann.

SCHEDULE.

Acts Referred to

Ministers and Secretaries Act, 1924

No. 16 of 1924

Oireachtas (Allowances to Members) Act, 1938

No. 34 of 1938

Interpretation Act, 1923

No. 46 of 1923

Irish Free State (Saorstát Eireann) Act, 1922

No. 1 of 1922

Military Service Pensions Act, 1934

No. 43 of 1934

Military Service Pensions Act, 1924

No. 48 of 1924

Number

38

of

1938.

MINISTERIAL AND PARLIAMENTARY

OFFICES ACT 1938

Updated to 6 November 2025

AN ACT TO MAKE PROVISION FOR REGULATING THE SALARIES OF MEMBERS OF THE GOVERNMENT,

PARLIAMENTARY SECRETARIES, THE ATTORNEY-GENERAL, THE CHAIRMAN AND THE DEPUTY CHAIRMAN

OF DÁIL EIREANN, AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF SEANAD EIREANN, TO PROVIDE

FOR THE PAYMENT OF ADDITIONAL ALLOWANCES TO THE LEADERS OF CERTAIN PARTIES IN DAIL

EIREANN, TO PROVIDE FOR THE PAYMENT OF PENSIONS, GRATUITIES AND ALLOWANCES TO AND

IN RESPECT OF PERSONS WHO HAVE HELD CERTAIN MINISTERIAL AND PARLIAMENTARY OFFICES,

AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22

nd December

, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering

text)

C1

Functions transferred and references to Minister for

Finance

construed as Minister for

Public Expenditure and Reform

(29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 38 of 1938

Ministerial and

Parliamentary Offices Act 1938

The whole Act

(except sections 12, 24 and 32)

...

...

...

The history of the Minister concerned with the collectively cited

Ministerial and Parliamentary Offices Acts

can be traced as follows

• Functions transferred and

references to Minister for

Finance

construed as

Public Service

(1.11.1973) by

Public Service (Transfer of Departmental Administration and

Ministerial Functions) Order 1973

(S.I. No. 294 of 1973), art. 4(1)(h), in

effect as per art. 1(2), subject to transitional provisions in arts. 5-8.

• Functions transfererd and

references to Minister for

Public Service

construed as

Finance

(19.03.1987) by

Public Service (Transfer of Departmental Administration and

Ministerial Functions) Order 1987

(S.I. No. 81 of 1987), art. 4(1)(b), (2),

subject to transitional provisions in arts. 5-9.

• Functions transferred and

references to Minister for

Finance

construed as Minister for

Public

Expenditure and Reform

(29.07.2011) by

Finance (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of

2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

• Title of Minister

for

Public Expenditure and Reform

changed to

Public Expenditure,

National Development Plan Delivery and Reform

(1.02.2023) by

Public

Expenditure and Reform (Alteration of Name of Department and Title of Minister)

Order 2023

(S.I. No. 19 of 2023), in effect as per art. 1(2);

• Functions transferred and

references to Minister for

Public Expenditure, National Development Plan

Delivery and Reform

construed in certain sections as Minister for

Finance

(1.03.2023) by

Standards in Public Office (Transfer of

Departmental Administration and Ministerial Functions) Order 2023

(S.I. No.

89 of 2023), arts. 2, 3 and sch, in effect as per art 1(2), subject to

transitional provisions in arts. 4-6, 8. A C-note to this effect is recorded

under each section affected.

• Title of Minister for

Public Expenditure, National Development Plan Delivery and Reform

changed to

Public Expenditure, Infrastructure, Public Service Reform and

Digitalisation

(5.06.2025) by

Public Expenditure, National Development

Plan Delivery and Reform (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 243 of 2025, art. 3, in effect as per art.

1(2).

Annotations

Modifications (not altering

text)

C1

Functions transferred and references to Minister for

Finance

construed as Minister for

Public Expenditure and Reform

(29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

a

) the enactments

specified in Schedule 1, and

(

b

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 38 of 1938

Ministerial and

Parliamentary Offices Act 1938

The whole Act

(except sections 12, 24 and 32)

...

...

...

The history of the Minister concerned with the collectively cited

Ministerial and Parliamentary Offices Acts

can be traced as follows

• Functions transferred and

references to Minister for

Finance

construed as

Public Service

(1.11.1973) by

Public Service (Transfer of Departmental Administration and

Ministerial Functions) Order 1973

(S.I. No. 294 of 1973), art. 4(1)(h), in

effect as per art. 1(2), subject to transitional provisions in arts. 5-8.

• Functions transfererd and

references to Minister for

Public Service

construed as

Finance

(19.03.1987) by

Public Service (Transfer of Departmental Administration and

Ministerial Functions) Order 1987

(S.I. No. 81 of 1987), art. 4(1)(b), (2),

subject to transitional provisions in arts. 5-9.

• Functions transferred and

references to Minister for

Finance

construed as Minister for

Public

Expenditure and Reform

(29.07.2011) by

Finance (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 418 of

2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

• Title of Minister

for

Public Expenditure and Reform

changed to

Public Expenditure,

National Development Plan Delivery and Reform

(1.02.2023) by

Public

Expenditure and Reform (Alteration of Name of Department and Title of Minister)

Order 2023

(S.I. No. 19 of 2023), in effect as per art. 1(2);

• Functions transferred and

references to Minister for

Public Expenditure, National Development Plan

Delivery and Reform

construed in certain sections as Minister for

Finance

(1.03.2023) by

Standards in Public Office (Transfer of

Departmental Administration and Ministerial Functions) Order 2023

(S.I. No.

89 of 2023), arts. 2, 3 and sch, in effect as per art 1(2), subject to

transitional provisions in arts. 4-6, 8. A C-note to this effect is recorded

under each section affected.

• Title of Minister for

Public Expenditure, National Development Plan Delivery and Reform

changed to

Public Expenditure, Infrastructure, Public Service Reform and

Digitalisation

(5.06.2025) by

Public Expenditure, National Development

Plan Delivery and Reform (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 243 of 2025, art. 3, in effect as per art.

1(2).

Section

1.

Short title.

2.

Repeals.

PART II.

Remuneration of Members of the Government, Parliamentary Secretaries,

the Attorney-General, and the Chairman and Deputy Chairman of DÁil Eireann and

Seanad Eireann.

3.

Remuneration of Members of the Government and Parliamentary Secretaries.

4.

Remuneration of Attorney

General.

5.

Remuneration of the Chairman

and Deputy Chairman of Dáil Éireann

6.

Remuneration of the Chairman

and Deputy Chairman of Seanad Éireann.

6A.

Remuneration of the Leader of Seanad

Éireann.

7.

Supplemental provisions in relation to salaries.

8.

Payment of salaries out or

moneys provided by the Oireachtas.

8A.

Increase of annual sums payable pursuant to Principal

Act.

8B.

Salaries to be adjusted automatically by reference to

salary increases in Civil Service.

8C.

Rights of Ministers and others to elect not to accept

increase in salary.

8D.

Salaries to be paid in monthly

instalments.

PART III.

Allowances to Leaders of Certain Parties in DÁil

Eireann.

9.

Definitions for the purposes

of Part III.

(Repealed)

9A.

Payment of annual allowance to

Government Party Leader or Leaders.

(Repealed)

10.

Payment of Parliamentary

Activities Allowance to parliamentary leaders of qualifying parties and

to independent members.

10A.

Additional condition for

payment of allowance under section 10.

10B.

Statement of

expenditure.

10C.

Retention and public

inspection.

10D.

Review by

Commission.

10E.

Restriction of certain

sections’ application to cases falling on or after specified

days.

10F.

Repayment of annual allowances

by parliamentary leaders of qualifying parties and by independent

members.

10G.

Guidelines.

10H.

Interpretation — sections 10

to 10G.

11.

Increase and decrease of

allowances payable under this Part.

11A.

Allowances to be adjusted

automatically by reference to salary increases or decreases in Civil

Service.

12.

Payment of allowances out of Central Fund.

PART IV.

Pensions and Allowances to and in Respect of Former Holders of

Certain Ministerial and Parliamentary Offices.

13.

Definitions for the purposes of Part IV.

13A.

Ministerial pensions and

secretarial pensions.

13AA.

Ministerial

and secretarial pensions for less than 3 years' qualifying

service.

13AB.

Special

provisions for calculating appropriate salary of certain former Attorneys

General.

13B.

Special pension arrangements

for pre-qualified persons.

13C.

Pro-rata pensions.

13D.

Averaging of ministerial and secretarial service for

secretarial pension.

13E.

Special provisions for pensions payable to certain

Ministers of State.

14.

Pensions to former holders of ministerial offices.

15.

Gratuities to former law

officers.

16.

Pensions to former holders οf secretarial offices.

17.

Commencement of ministerial and secretarial pensions.

18.

Determination of questions of ministerial service.

19.

Prohibition of double pensions.

20.

Pensions and allowances

payable to surviving spouses and children of deceased office

holders.

20A.

Child allowance to be adjusted

automatically by reference to salary increases in Civil

Service.

20B.

Power to continue payment of

child allowance to incapacitated children.

20C.

Power to reinstate certain

terminated surviving spouse's pensions.

21.

Grant of pensions, gratuities and allowances.

22.

Prohibition of assignment, etc., of pensions, gratuities and allowances.

23.

Suspension of pensions and allowances.

24.

Payment of pensions, gratuities and allowances out of Central Fund.

PART V.

Severance payments to former holders of certain Ministerial and

Parliamentary Offices

25.

Definitions for the purposes of Part V.

(Repealed)

26.

Entitlement to severance allowance.

(Repealed)

27.

Certain persons ineligible for severance

allowance.

(Repealed)

28.

Commencement and cesser of severance

allowance.

(Repealed)

29.

Annual rate of severance allowance.

(Repealed)

29A.

Severance allowance payable to certain former

Ministers of State.

(Repealed)

30.

Recalculation or resumption of severance allowance in

certain circumstances.

(Repealed)

31.

Special allowance for former Taoisigh.

(Repealed)

32.

Payment of allowances under Part V out of Central

Fund.

(Repealed)

PART VI.

Miscellaneous Provisions

33.

Chairman and Deputy Chairman to continue in office

for limited period after dissolution of Dáil Éireann.

34.

Chairman and Deputy Chairman to continue in office

for limited period after dissolution of Seanad Éireann.

SCHEDULE.

Number

38

of

1938