Ruairi Quinn (Dublin South East, Labour)
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Question 207: To ask the Minister for Enterprise, Trade and Employment 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. [8145/05]

Ruairi Quinn (Dublin South East, Labour)
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Question 208: To ask the Minister for Enterprise, Trade and Employment 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. [8160/05]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 207 and 208 together.

Each year, under section 4(1) of the Public Service Management Act 1997, all seven assistant secretaries in my Department are assigned by name, authority and responsibility from the Secretary General for matters within the remit of their respective divisions, including the following requirements listed in section 9 of the Act: provision of policy advice in relation to the subject matter of the assignment and other related matters; achievement of the outputs associated with the area of assignment as specified in the Department's strategy statement and in the business plans or as directed by the Secretary General; responsibility for the delivery of quality services in the area of the assignment; ensuring that the expenditure made in respect of the area of the assignment accords with the purpose for which the expenditure was chargeable to the appropriation account of the Department and that value for money is obtained; in particular, ensuring that effective systems of financial control are in place, that procedures are adequately documented, and that staff implement appropriate financial and risk management procedures; and responsibility for the management, including discipline, performance and development of staff in the area of assignment.

Further assignments for specific responsibilities are then made to the level of the principal or assistant principal, as fits the circumstances. My Department does not publish these assignments but details can be furnished to any interested parties. I am satisfied with the workings of section 9 of the Public Service Management Act in my Department.

In addition to formal delegations of functions under the Public Service Management Act 1997, a number of other delegations of functions are in place in my Department. Section 4 of the Freedom of Information Act 1997, as amended, provides for the delegation of certain functions under that Act: in effect the functions of primary decision maker and internal review decision maker. This is an express delegation, it applies in all cases where freedom of information decisions or internal reviews are required in the Department, and is made to particular grades of officer.

The Act does not permit the delegation of functions provided for under sections 4 and 25, so these functions are reserved for the Minister. As required under the Act at that time, notice of this delegation was published in Iris Oifigiúil on Friday 1 May 1998, although such publication is no longer required under the amended Act. A review by the Information Commissioner of the operation of the Freedom of Information Act published in June 2004 concluded, inter alia, that public bodies appear to operate the Act in a fair and balanced manner, and I am satisfied that this particular delegation is appropriate and works well. Enterprise area certificates are issued under section 343 of the Taxes Consolidation Act 1997 by the Minister for Enterprise, Trade and Employment. This function is delegated to certain officers at assistant secretary level, as appropriate.

Under section 16 of the National Standards Authority of Ireland Act 1996, I have authorised two named officers at assistant secretary and principal officer grades to authenticate instruments — Irish Standards. Under sections 2(1) of the Ministers and Secretaries (Amendment) (No.2) Act 1977, I requested that the Government delegate certain powers and duties to the Ministers of State at this Department. In December 2004, two Orders, SI Nos. 808 and 809 of 2004, were signed which delegated a number of my ministerial functions to the Ministers of State. Deputy Tony Killeen was delegated a number of functions relating to labour affairs and Deputy Michael Ahern was delegated functions of trade and commerce. The orders included a schedule of primary and secondary legislation containing ministerial powers, which were delegated to each Minister of State.

Section 15(1) of the Ministers and Secretaries Act 1924 provides that the seal of the Minister shall be authenticated by the signature of the Minister or some person authorised by that Minister to act in that behalf. I have authorised named officers of the Department to authenticate by their signature the official seal of the Minister under section 15(1). This list is currently being updated to take account of staff changes.

In addition, under section 15(4) of the Ministers and Secretaries Act 1924, I have authorised named officers of the Department to sign, as may be required from time to time, regulations or other instruments issued at my direction or on my behalf. This covers instances when the seal is not expressly necessary for validity of an order or other instrument. The order or other instrument shall be sufficiently authenticated by my signature or by that of the Secretary General or other officer of the Department duly authorised by me. This authorisation is currently being updated to take into account of staff changes.

I have nominated named officers as suspending authorities in relation to all established and unestablished civil servants serving within the Department under section 3 of the Civil Service Regulation Act 1956. Following discussions with senior officials in my Department, I have satisfied myself that all of the above delegations of ministerial functions are working well. Where not expressly published by way of statutory instrument or regulation, information relating to the above assignments is available to any interested party on request.