PART III.

Allowances to Leaders of Certain Parties in DÁil Eireann.

9. —(1) In this Part of this Act—

the expression “the Second Party” means—

(a) in case there are for the time being more than two Parties in Dáil Eireann, that one of the Parties (excluding the Government Party) in Dáil Eireann which has for the time being the greatest numerical strength in Dáil Eireann;

(b) in any other case, the Party in Dáil Eireann which is not the Government Party;

the expression “the Third Party” means that one of the Parties (excluding the Government Party) in Dáil Eireann which has for the time being the second greatest numerical strength in Dáil Eireann, and in respect of which the following conditions are complied with, that is to say:—

(c) that it contested the then next preceding general election for members of Dáil Eireann as an organised party, and

(d) that not less than seven members of that Party were elected at such general election;

the expression “the Leader of the Second Party” means the member of Dáil Eireann who is for the time being the Leader of the Second Party;

the expression “the Leader of the Third Party” means the member of Dáil Eireann who is for the time being the Leader of the Third Party.

(2) If any question should at any time arise as to—

(a) which (if any) Party in Dáil Eireann is the Second Party,

or

(b) which (if any) Party in Dáil Eireann is the Third Party, the following provisions shall have effect, that is to say:—

(i) the matter shall be decided by the Chairman of Dáil Eireann who shall give his decision in writing signed by him, and such decision shall for the purposes of this Act be final and conclusive and binding on all persons and tribunals whatsoever,

(ii) if two or more Parties in Dáil Eireann are of equal numerical strength in Dáil Eireann, the Chairman of Dáil Eireann shall, in giving any decision under this sub-section, have regard to the relative numbers in which such Parties were returned to Dáil Eireann at general elections held prior to the then next preceding general election for members of Dáil Eireann.

10. —(1) There shall be paid to the Leader of the Second Party an annual sum by way of allowance for expenses of £800.

(2) Subject to the provisions of this Act, there shall be paid to the Leader of the Third Party, whenever there is any such Party, an annual sum by way of allowance for expenses of £500.

(3) The number of allowances payable under this section shall not at any one time exceed two.

(4) The allowance payable under this section to the Leader of the Second Party or the Leader of the Third Party shall be in addition to the allowance payable to him under the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938), and shall be payable in respect of any period (commencing on or after the date of the passing of this Act) in respect of which the last-mentioned allowance is payable to him, and no other period.

(5) Every allowance payable under this section shall be exempt from income-tax (including sur-tax) and no such allowance shall be reckoned in computing income for the purposes of the Income Tax Acts.

11. —The following provisions shall apply to the payment of the allowance payable under the next preceding section to the Leader of the Third Party, that is to say:—

(a) no such allowance shall be payable unless the numerical strength in Dáil Eireann of the Third Party is not less than seven;

(b) such allowance shall cease to be paid if the numerical strength in Dáil Eireann of the Third Party at any time falls below seven;

(c) if the numerical strength in Dáil Eireann of the Third Party falls below seven by reason of the death, resignation or disqualification of a member or members of the Third Party, the numerical strength thereof shall, for the purposes of this section, be deemed to be not less than seven until the vacancy or each of the vacancies in Dáil Eireann caused, by such death, resignation or disqualification is filled.

12. —Every allowance payable under this Part of this Act shall be charged upon and payable out of the Central Fund or the growing produce thereof.