Brendan Howlin (Wexford, Labour)
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Question 133: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 257 on 9 March, 2005, in which he confirmed his own responsibility in law as Minister for the performance of any functions which are assigned by law to his Department, the basis on which he proposes to confer statutory functions in relation to prison building on the Prison Service, a section of his Department, separate and distinct from the statutory functions vested in himself as Minister; and if he will make a statement on the matter. [40762/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to advise the Deputy that the Irish Prison Service is currently a non-statutory agency of the Department of Justice, Equality and Law Reform, with its own Director General and an Interim Board. The Irish Prison Service is not a corporation sole and cannot sue, or be sued, in its own name. While certain functions are delegated to the Service, it acts as an agency of my Department and all legally binding contracts are signed in my name.

Specific functions have and may be assigned to the Director General of the Irish Prison Service as provided for by law.