Liam Twomey (Wexford, Fine Gael)
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Question 140: To ask the Tánaiste and Minister for Health and Children the roles and functions carried out by special advisers attached to her Department; if circulars or instructions have been issued within her Department concerning special advisers; if so, if she will provide a copy of any such circular; and if she will make a statement on the matter. [9350/05]

Liam Twomey (Wexford, Fine Gael)
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Question 141: To ask the Tánaiste and Minister for Health and Children if the special advisers attached to her Department are part of the line management system of the Department; and if she will make a statement on the matter. [9351/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 140 and 141 together.

The provisions for the appointment and role of special advisers are clearly set out in section 11 of the Public Sector Management Act 1997.

In accordance with that Act, the special advisers in my Department are appointed, inter alia, to assist me in the discharge of my functions as Minister for Health and Children. They are also available to assist me with regard to my role in government as Tánaiste.

It is clear from the Public Service Management Act 1997 that special advisers are not part of the Civil Service line management. In his report, Mr. John Travers confirms this. He states that, "the briefing of Special Advisors by Department officials and the fact that Special Advisors attend particular meetings should not be considered, and should not be accepted as, an alternative to the direct briefing of the Minister on important areas of policy and operation."

Mr. Travers is precise in using the term "an alternative" to the direct briefing of the Minister on important areas of policy and operation. He did not recommend against the briefing of special advisers in conjunction with the direct briefing of the Minister.

A circular on the role of special advisers was issued on 23 March 2000 by the Secretary General of the Department to members of the management advisory committee and to each principal officer and their staff. The following is a copy of that circular.

To:

Each Member of MAC

Each Principal Officer and your staff

From:

Michael Kelly

1. As you may know, two advisors have been appointed by the Minister to work with him in his role here in the Department. They are Special Advisor (A) and Policy Advisor (B). Both are located on the sixth floor and we will circulate details of phone numbers etc. later.

2. The Minister has now agreed with the two advisors the respective policy areas in which each will have a particular interest (see attached). Also, I have agreed with the Minister and the advisors the general lines of the roles they will play and their interaction with the rest of the Department. Overall, the intention is that the Minister will have ongoing contact with significant issues, developments, documents etc. throughout the Department through the relationship between the advisors and the relevant Divisions/Units in the Department.

3. In general, the relationship will work as follows:

—Any policy documents being submitted to the Minister should be copied to the relevant advisor.

—The relevant advisor should be made aware of and invited to key meetings concerning either a policy change or high profile topic/incident.

—Circulation of relevant documents to the advisors; and

—Participation of advisors at MAC meetings.

4. As a general rule, it will be a matter for each Principal Officer to decide on which issues should involve the advisors. Alternatively, the advisors may ask to be involved in a particular topic or issue in the Department.

5. This memo is intended to clarify the position and role of the advisors. In practice, the working relationships, are likely to develop on an informal and constructive basis.

6. None of the above precludes direct contact between the Minister and members of staff of the Department, in accordance with normal practice.

23 March 2000