(LRC Revised)

Number 41 of 2009

FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009

REVISED

Updated to 1 January 2023

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

Financial Emergency Measures in the Public

Interest (No. 2) Act 2009

. 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 the

Local Government (Maternity

Protection and Other Measures for Members of Local Authorities) Act 2022

(52/2022), enacted 21 December 2022, and all statutory instruments up to and including

the

Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order

2023

(S.I. No. 1 of 2023), made 9 January 2023, 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 do 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

41

of

2009

FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009

REVISED

Updated to 1 January

2023

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Reduction in public servants’ remuneration.

2A. Public servants’ remuneration: reduction, with effect from 1 July 2013, for certain public servants.

2B. Alteration of remuneration (other than basic salary) or working time of public

servants.

3. Certain pension rights not affected.

4. Further amendment, etc., of relevant provisions.

5. No power to pay remuneration above rate determined in accordance with

section 2

, etc.

6. Exemption, etc., from operation of

section 2

or

6

in certain circumstances.

6A. Adjustment to remuneration affected by operation of

section 2

.

6B. Correction of anomalies consequential on operation of

section 6A

.

6C. Restoration of remuneration affected by operation of

section 2A

.

7. Review of Act.

8. Regulations.

9. Removal of doubts.

9A. Restriction on application of direction given by Minister.

10. Short title and commencement.

SCHEDULE

Bodies to which the definition of “public service body” does not apply

Acts Referred to

Companies Acts

Defence Act 1954

1954, No. 18

Defence (Amendment) Act 2007

2007, No. 24

European Parliament (Irish Constituency Members) Act 2009

2009, No. 17

Financial Emergency Measures in the Public Interest Act 2009

2009, No. 5

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Local Government Act 2001

2001, No. 33

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous

Provisions) Act 2001

2001, No. 33

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment)

Act 1973

1973, No. 22

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices

(Amendment) Act 1977

1977, No. 29

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices

(Amendment) Act 1983

1983, No. 32

Taxes Consolidation Act 1997

1997, No. 39

Vocational Education Act 1930

1930, No. 29

Number

41

of

2009

FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009

REVISED

Updated to 1 January

2023

AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR THE REDUCTION OF THE REMUNERATION

OF CERTAIN PERSONS IN THE PUBLIC SERVICE (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS

AND CERTAIN OFFICE HOLDERS), AND TO PROVIDE FOR RELATED MATTERS.

[20

th December

, 2009]

WHEREAS a serious disturbance in the economy and a decline in the economic circumstances

of the State have occurred and are continuing, which threaten the well-being of the

community;

AND WHEREAS as a consequence a serious deterioration in the revenues of the State

has occurred and there are significant and increasing State commitments;

AND WHEREAS it is necessary to take urgent measures to reduce the significant shortfall

between expenditure and revenue and to reduce the unsustainable levels of public borrowings

consequent on the deterioration in those revenues;

AND WHEREAS it is necessary to reduce State expenditure to maintain international

confidence and to protect the State’s credit ratings;

AND WHEREAS it is necessary to take urgent steps to help restore the State’s competitiveness;

AND WHEREAS it is necessary for the State to achieve significant savings in its expenditure,

both directly and indirectly, on remuneration—

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (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

...

No. 41 of 2009

...

...

Financial Emergency Measures in the Public Interest (No. 2) Act 2009

...

...

The whole Act (except section 7)

...

C2

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by

Ministers and Secretaries (Amendment) Act 2011

(10/2011), ss. 7, 9(3), 11 and sch. 2 part 2, commenced as per s. 1(2).

Department of Public Expenditure and Reform

.

7

.— (1) There shall stand established on the appointed day a Department of State to be

known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or,

in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure

and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe

or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister

.

9

.— ...

(3) The functions conferred on the Minister for Finance by or under any of the provisions

specified in Part 2 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance

.

11

.— (1) The administration and business in connection with the performance of the functions

transferred by sections 8 and 9 are hereby transferred to the Department of Public

Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument

under a statute in so far as they relate to the administration and business transferred

by subsection (1) shall, from the appointed day, be construed as references to the

Department of Public Expenditure and Reform.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 2

Functions performable after consultation with Minister for Finance

Number and Year

Short Title

Provision

...

No. 41 of 2009

...

...

Financial Emergency Measures in the Public Interest (No. 2) Act 2009

...

...

Section 7

...

Editorial Notes

E1

Annual review of operation, effectiveness and impact of Act required (5.06.2013)

by

Financial Measures in the Public Interest Act 2013

(18/2013), s. 12(2), commenced on enactment.

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (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

...

No. 41 of 2009

...

...

Financial Emergency Measures in the Public Interest (No. 2) Act 2009

...

...

The whole Act (except section 7)

...

C2

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by

Ministers and Secretaries (Amendment) Act 2011

(10/2011), ss. 7, 9(3), 11 and sch. 2 part 2, commenced as per s. 1(2).

Department of Public Expenditure and Reform

.

7

.— (1) There shall stand established on the appointed day a Department of State to be

known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or,

in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure

and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe

or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister

.

9

.— ...

(3) The functions conferred on the Minister for Finance by or under any of the provisions

specified in Part 2 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance

.

11

.— (1) The administration and business in connection with the performance of the functions

transferred by sections 8 and 9 are hereby transferred to the Department of Public

Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument

under a statute in so far as they relate to the administration and business transferred

by subsection (1) shall, from the appointed day, be construed as references to the

Department of Public Expenditure and Reform.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 2

Functions performable after consultation with Minister for Finance

Number and Year

Short Title

Provision

...

No. 41 of 2009

...

...

Financial Emergency Measures in the Public Interest (No. 2) Act 2009

...

...

Section 7

...

Editorial Notes

E1

Annual review of operation, effectiveness and impact of Act required (5.06.2013)

by

Financial Measures in the Public Interest Act 2013

(18/2013), s. 12(2), commenced on enactment.

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Reduction in public servants’ remuneration.

2A. Public servants’ remuneration: reduction, with effect from 1 July 2013, for certain public servants.

2B. Alteration of remuneration (other than basic salary) or working time of public

servants.

3. Certain pension rights not affected.

4. Further amendment, etc., of relevant provisions.

5. No power to pay remuneration above rate determined in accordance with

section 2

, etc.

6. Exemption, etc., from operation of

section 2

or

6

in certain circumstances.

6A. Adjustment to remuneration affected by operation of

section 2

.

6B. Correction of anomalies consequential on operation of

section 6A

.

6C. Restoration of remuneration affected by operation of

section 2A

.

7. Review of Act.

8. Regulations.

9. Removal of doubts.

9A. Restriction on application of direction given by Minister.

10. Short title and commencement.

SCHEDULE

Bodies to which the definition of “public service body” does not apply