Written answers
Wednesday, 9 March 2005
Department of Justice, Equality and Law Reform
Ministerial Responsibilities
9:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 257: To ask the Minister for Justice, Equality and Law Reform 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. [8180/05]
Michael McDowell (Dublin South East, Progressive Democrats)
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The Ministers and Secretaries Act 1924 and the Public Service Management Act 1997 set out the legal position of Government 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 his or her Department. Section 2 (1) of the Ministers and Secretaries Act 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, may sue and be sued, 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. 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 on behalf of the Minister.
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