Written answers

Wednesday, 9 March 2005

Department of Defence

Departmental Staff

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 323: To ask the Minister for Defence 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), paragraphs ([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 is satisfied with the workings of section 9 within his Department; and if he will make a statement on the matter. [8152/05]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 324: To ask the Minister for Defence 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 is satisfied 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. [8167/05]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 325: To ask the Minister for Defence 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. [8182/05]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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I propose to take Questions Nos. 323 to 325, inclusive, together.

Assignments of responsibility have been made to named officers at assistant secretary and principal officer levels in respect of all of the elements described in section 4(1), paragraphs (d) to (h) of the Public Service Management Act 1997. All of the requirements listed in section 9(1), paragraphs (a) to (f) of the Act have been included in each assignment. Information relating to the assignments is not published. I am satisfied with the workings of the Act in my Department.

In pursuance of the provisions of the Ministers and Secretaries Act 1924 and of the Documentary Evidence Act 1925, named officials in certain grades have been authorised by formal delegation instrument to sign official letters, orders for supplies and services, regulations, departmental instructions or other instruments at my direction or on my behalf. In the same manner, named senior officials have been authorised by formal delegation instrument to authenticate my ministerial seal by their signature. I also nominate by formal delegation instrument named senior officials to be suspending authorities for the purposes of the Civil Service Regulation Act 1956 in respect of civil servants employed in the Department.

In general, powers exercisable by me under the Defence Forces (Pensions) Acts 1932 to 1975, and the schemes made thereunder, and the Army Pensions Acts 1923 to 1980 are delegated to departmental officials by means of a formal delegation instrument which contains details of the powers delegated. The delegation is express and is to officers of particular grades. No functions are specifically reserved to me as Minister personally.

Under the Defence Acts 1954 to 1998, express responsibility for the overall management of the Defence Forces, including responsibility for effectiveness, efficiency, military organisation and economy, is assigned to the Chief of Staff of the Defence Forces who is responsible to me in this respect. Military command and authority has been delegated to each of the general officers commanding, GOC, of the three territorial brigades, eastern, southern and western, to the GOCs of the Defence Forces training centre and the Air Corps and to the flag officer commanding of the Naval Service. The officers mentioned are responsible to me for the exercise of the command and authority delegated.

The system of delegation as outlined above works well and is kept under review. Information on the general arrangements relating to delegation under the Defence Acts is published in strategy statements and annual reports but information on other forms of delegation is not published outside the Department.

With reference to the question of the identification for legal and administrative purposes of the Department as an entity separate from the Minister, no distinction is made in that regard. By virtue of the Ministers and Secretaries Acts, and the fact that the Minister is a corporation sole with perpetual succession and an official seal, contracts or other legal rights or liabilities are entered into and accepted, explicitly or implicity, in the name of the Minister or on the Minister's behalf.

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