Written answers

Wednesday, 9 March 2005

Department of Transport

Departmental Staff

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 218: To ask the Minister for Transport 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. [8147/05]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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Assignments have been made by the Secretary General of my Department under section 4(1)(i) of the Public Services Management Act 1997. These include officers at assistant secretary and principal officer or equivalent grades and some specific offices such as the personnel officer, and so forth. The assignments have been made on a named basis to each of the officers concerned and make specific reference to the requirements listed in section 9 of the Act. In the case of principal officers the individuals role profile is an integral part of the assignment. The assignments have not yet been published.

I am satisfied that the assignment of functions as provided for under sections 4 and 9 of the Act is operating effectively in my Department.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 219: To ask the Minister for Transport 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. [8162/05]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The principal mechanism for the assignment of functions to civil servants is the Public Service Management Act 1997, and the relevant sections are 4, 9 and 12. There are 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 to 2003 and nomination of certain post holders under section 3 of the Civil Service Regulation Act 1956. Implied delegation of functions is a matter of legal interpretation by the courts.

Separately, functions have been assigned to the Minister of State under the transport delegation of functions orders as provided under section 2(1) of the Ministers and Secretaries (Amendment) (No.2) Act 1977 (No. 28 of 1977)

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