Coimisiún Thithe an Oireachtais Houses of the Oireachtas Commission Fourth meeting – Special meeting Tuesday, 20th March, 2007 at 6 p.m. Room 2, Leinster House Minutes of the meeting 1. Members present Dr. Rory O’Hanlon, T.D., Ceann Comhairle (Chairperson), Kieran Coughlan, Secretary General, Deputy Brendan Howlin, Senator Rory Kiely, Cathaoirleach of the Seanad, Minister of State Brian Lenihan, Senator Martin Mansergh, Deputy Paul McGrath, Deputy M.J. Nolan, Deputy Liz O’Donnell and Senator Joe O’Toole. 2. Use of services and facilities provided out of public funds following a dissolution of Dáil Éireann – guidelines under section 4(4A) of the Houses of the Oireachtas Commission Acts 2003 and 2006 The Commission had before it for consideration – (1) draft guidelines [4-1-07] together with a memorandum on appropriate charges and costing methodology [4-2-07]; and (2) legal advice from Noel Whelan B.L [4-3-07] and George Birmingham S.C. [4-4-07]. Noel Whelan B.L. was in attendance at the meeting. Draft guidelines The Commission considered the draft and made the following textual changes in the light of legal advice as follows: (i) Paragraph VI amended to read: “Members should be aware that, in the event of a legal challenge or challenges subsequent to the General Election, all candidates in the constituency or constituencies under challenge will be subject to scrutiny.” (ii) Guideline (1) amended, by the insertion before the word “outgoing” of the following: “In exercise of its powers under section 4(4A) of the Houses of the Oireachtas Commission Acts 2003 and 2006, the Oireachtas Commission has decided that”. (iii) Guideline (2) amended by the inclusion of postal facilities in the definition of “publicly funded services and facilities” and consequent exclusion from the second paragraph of the definition. (iv) Guideline (3) amended by the insertion of the word “new” before “representations”. 1 (v) Guideline (7) amended by the insertion of “together with their election agent where appropriate” after “that” in the first line. (vi) Guideline (9) deleted. The Commission further agreed that queries raised in relation to the taking of leave by members’ employees should be dealt with by way of a note which should not form part of the numbered guidelines and should be prepared for the next meeting. Appropriate charges The Commission agreed the charges and costing methodology in the draft memorandum, subject to the following: (1) Telephone charges are to be amended to refer to Leinster House (2) The facility for monitoring members’ handsets is to remain deactivated following the dissolution in accordance with longstanding policy in the interests of maintaining the confidentiality of members’ telephone call details. A generic cost per member is the preferred methodology on which to base the appropriate charge for free telephone facilities from Leinster House. (3) Price per copy is the preferred methodology on which to base the appropriate charge for photocopying. (4) The charges for ICT printer toner consumables are to be included in the charges for ICT and other office equipment and are not to be specified separately. The Commission agreed to meet again on 21st March to review the amended draft of the guidelines and schedule of charges. The Ceann Comhairle expressed thanks, on behalf of the Commission, to Minister of State Brian Lenihan, and the Commission’s legal advisors and staff, for their work in preparing the drafts before the Commission. 3. Adjournment The meeting adjourned at 7.15 p.m. Dr. Rory O’Hanlon, T.D., Ceann Comhairle, Chairperson of the Commission. Dated: 2.