Ruairi Quinn (Dublin South East, Labour)
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Question 153: To ask the Tánaiste and Minister for Health and Children the arrangements in place within her Department relating to the delegation by her of her functions under Acts other than the Public Service Management Act 1997, indicating whether such delegations are express or implied, whether they are in general terms or confined to particular functions or the performance of functions in particular classes of cases, whether the delegation is to named officers or to officers of a particular grade or grades and whether the performance of functions of any particular class is reserved to her personally; if information relating to such delegations is published by her Department; if she has satisfied herself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997. [8155/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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As I indicated in my reply to Parliamentary Question No. 152 of today's date, there is a deep and extensive management structure in my Department which supports the discharge of the business of the department and the assignment and delegation of functions. These structures include: preparation of a three-year statement of strategy and annual business plans for the Department; a performance management and review system, including individual role profile and twice yearly review for all officers; formal monitoring by the management advisory committee of the implementation of business plans; target setting and annual review for each assistant secretary; network of principal officers and equivalents and assistant principal officers and equivalents whose function is to contribute to the development of policy in key areas.

In the normal course of discharge of business by the Department, a number of functions are undertaken under implied delegation of authority from the Minister. Any legal challenge arising in regard to such implied delegation of authority is a matter for legal interpretation by the courts.

In addition to the Public Service Management Act 1997, there are a number of other legislative provisions under which particular matters have been delegated in my Department. In the case of some, details are made available publicly, such as the details of the Department's arrangements for the making of initial decisions and internal review under the Freedom of Information Acts 1997 to 2003, where details have been laid before the Houses of the Oireachtas. In other cases, such as the nomination of certain post holders as suspending authorities in cases of grave misconduct, the details are not published.

I am satisfied that the management system in my Department and the procedures for the delegation of functions are working well, and are kept under review.