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38 1959

STAFF OF THE HOUSES OF THE 01 RE AC HTAS ACT, 1959

PART II.

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

Appointment of Clerk and Clerk-Assistant of Dail Éireann.

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.

Appointment of Clerk and Clerk-Assistant of Seanad Éireann.

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.

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

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

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.

Capacity in which appointments are to be made.

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.

Provisions in relation to existing staff.

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 Eegulation 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.