Ruairi Quinn (Dublin South East, Labour)
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Question 197: To ask the Minister for Foreign Affairs the assignments of responsibility which have been made under section 9 of the Public Service Management Act 1997 for the performance of his functions by officers of his Department, indicating in respect of each function or class of function whether the assignment has been to named officers or to a grade or grades of officer and whether any of the requirements listed in section 9(1)([i]a[/i]) to ([i]f[/i]) of the Act have been included in the assignment; if information relating to such assignments of responsibility is published by his Department; if he has satisfied himself with the workings of section 9 within his Department; and if he will make a statement on the matter. [8143/05]

Ruairi Quinn (Dublin South East, Labour)
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Question 198: To ask the Minister for Foreign Affairs the arrangements in place within his Department relating to the delegation by him of his 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 him personally; if information relating to such delegations is published by his Department; if he has satisfied himself with the working of this system of administration in conjunction with the provisions of the Public Service Management Act 1997; and if he will make a statement on the matter. [8158/05]

Ruairi Quinn (Dublin South East, Labour)
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Question 199: To ask the Minister for Foreign Affairs 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. [8173/05]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 197 to 199, inclusive, together.

The principal legislative provisions relating to the powers of Ministers and Government Departments are the Ministers and Secretaries Acts 1924-1995 and the Public Service Management Act 1997. Section 2(1) of the Ministers and Secretaries Act, 1924 provides that each Minister as head of a Department of State shall be a corporation sole and shall have perpetual succession, an official seal, may sue and be sued and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which he or she is head or of any branch thereof. A Department of State has no legal personality separate from that of the Minister of the Government.

A Minister, as a corporation sole, has the capacity to contract and, therefore, all contracts entered into under the ambit of the Department of Foreign Affairs are entered into in the name of the Minister for Foreign Affairs or on behalf of the Minister.

Ministers are responsible for the performance of functions that are assigned to them under the Ministers and Secretaries Acts. Under the Public Services Management Act 1997, Ministers retain responsibility for the performance of functions that are assigned to their Departments under these Acts, in particular for determining the policies to be implemented by the Department and accounting to Dáil Éireann for the administration of the Department. Sections 4 to 6 of the Act devolve authority, responsibility and accountability to Secretaries General for carrying out certain duties and management functions, including preparing an outline of how specific elements of departmental responsibilities are to be assigned so as to ensure that the functions performed on behalf of the Minister are performed by an appropriate officer or an officer of an appropriate grade or rank.

Under the powers vested in Secretaries General under section 4(1), the Secretary General of the Department of Foreign Affairs has assigned responsibilities to individual heads of divisions at headquarters on four occasions — 18 December 1998, 25 May 2000, 20 September 2001 and 1 October 2003 — and on one occasion to individual officers at counsellor and equivalent level, on 15 June 1999. The responsibilities assigned encompassed those listed at sections 9(1)(a) to (f) of the Act.

I am satisfied that the formal assignment of responsibilities under the Act has given individual officers an increased sense of ownership of the work areas they manage and has resulted in an overall improvement in service. Responsibilities will be re-assigned in September next, following the planned rotation of a number of ambassadors and other senior officials in the summer. The new assignments will be based on the contents of the Department's new strategy statement for 2005-2007, which will be approved by me and published in the meantime. While information relating to such formal assignments of responsibilities is not published by the Department, the names of the heads of divisions and their specific responsibilities are published in Department's strategy statements.

Unlike many other Ministers, upon whom extensive powers are conferred by statute, the Minister for Foreign Affairs is primarily responsible for exercising the executive power of the State in external relations as provided for in the Ministers and Secretaries Act 1924. The statutory functions of a Minister may be assigned by the Government at the request of the Minister concerned to a Minister of State under section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977. However, none of my statutory powers have been so assigned.

While the principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997, there are also a number of legislative provisions which provide that particular matters may be delegated to officials as prescribed in the relevant legislation. Examples include delegation of functions under section 4 the Freedom of Information Acts 1997 and 2003 and nomination of certain post holders under section 3 of the Civil Service Regulation Act 1956. Generally, however, express delegations of statutory functions do not occur and civil servants exercise these powers in accordance with the general principles of constitutional and administrative law and the provisions of the Public Service Management Act.

Under the Public Service Management Act, each Minister is obliged personally to approve, with or without amendments, statements of strategy prepared and submitted by the Secretary General of his or her Department containing the key objectives of the Department and related outputs and strategies.