Ruairi Quinn (Dublin South East, Labour)
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Question 202: To ask the Minister for Arts, Sport and Tourism 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. [8144/05]

Ruairi Quinn (Dublin South East, Labour)
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Question 203: To ask the Minister for Arts, Sport and Tourism 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. [8159/05]

Ruairi Quinn (Dublin South East, Labour)
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Question 204: To ask the Minister for Arts, Sport and Tourism 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. [8174/05]

John O'Donoghue (Kerry South, Fianna Fail)
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I propose to take Questions Nos. 202 to 204, inclusive, together.

The principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997. Assignments of responsibility have been made by the Secretary General in my Department under section 9 of the Public Service Management Act 1997. The assignments, which were updated most recently in 2004, have been to the three named assistant secretaries and the nine named principal officers in the Department. Other than section 9(1)(f), relating to appointments, performance and discipline matters, which is dependent on separate legislation not yet enacted, the various issues dealt with in section 9(1)(a) to (e) of the Public Service Management Act 1997 are, as appropriate to the respective functions of assistant secretaries and principal officers, included in the assignments. The assignments are not published.

In accordance with section 4 of the Freedom of Information Acts 1997 and 2003, I have delegated all functions, other than the function of internal review, to the grade of assistant principal and upwards and I have delegated all functions, including internal review, to principal officers and upwards in my Department. Notice of the most recent FOI delegation order, which I made in July 2002, was published in Iris Oifigiúil.

Under sections 3 and 13 of the Civil Service Regulation Act 1956, certain post holders and grades are nominated as suspending authorities in cases of grave misconduct. In the normal course of public business, a number of functions are undertaken under implied delegation. Questions arising in relation to matters of implied delegation of functions are in the first instance for interpretation by the Department, but ultimately are a matter for legal interpretation by the courts. I am satisfied with the system of delegation in the Department, which is kept under review.

The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out the legal position of Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and 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 is head or of any branch thereof. Section 4 of the Public Service Management Act 1997 sets out the responsibility and accountability within Departments and offices. Contracts and all other legal rights or liabilities are, either entered into, accepted or enjoyed in the name of the Minister or on behalf of the Minister.