Ruairi Quinn (Dublin South East, Labour)
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Question 193: To ask the Minister for Communications, Marine and Natural Resources the practice in his Department relating to the identification for legal and administrative purposes of his Department as an entity separate and distinct from his own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of his Department rather than in his own name; if so, the nature of those contracts, rights and liabilities; and if he will make a statement on the matter. [8172/05]

Noel Dempsey (Meath, Fianna Fail)
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The position in relation to the functions, powers and responsibilities of Government Ministers and Ministers of the State is as set out in the Ministers and Secretaries Acts 1924 to 1995.

The 1924 Act establishes each Minister as a corporation sole with perpetual succession and official seal. He or she may sue and be sued and may acquire, hold and dispose of land for the purposes of the execution of his or her functions, powers or duties. Legal and administrative functions performed by my Department are carried out on my behalf with the exception of duties relating to the registration and licensing of sea fishing boats. Under the Fisheries (Amendment) Act 2003, responsibility for implementation of sea fishing boat licensing policy is devolved to the registrar general of fishing boats, who is a senior official in my Department with statutory responsibility for the registration of fishing vessels.

Otherwise, neither my Department nor I enter into contracts as distinct legal entities, nor does my Department enjoy or accept legal rights or liabilities distinct from those of my office as Minister.