Written answers

Wednesday, 20 April 2011

Department of Finance

Departmental Functions

9:00 am

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Question 70: To ask the Minister for Finance when the legislative steps will be taken to allow for the proposed changes to the structure of Government Departments. [8715/11]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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At this stage, I cannot give the Deputy a precise date for the completion of all of the changes to the structures of Government Departments which were announced by the Taoiseach on 9 March as this depends on a number of factors, including the complexity of the legislation governing the particular functions that are to be transferred. The process of transferring functions from one Department to another is generally carried out by means of Government Orders under powers contained in section 6(1) of the Ministers and Secretaries (Amendment) Act 1939. In, some cases, however, primary legislation is required.

Each Order is carefully drafted so that the Schedule to the Order lists all the relevant legislation where responsibility for the function is being transferred to a different Minister and Department. The relevant Departments have been fully engaged in this task since the Taoiseach's announcement. Orders to implement the majority of the changes have already been made and include the following. Orders made on 29 March:

· The Government made an Order transferring responsibility for the functions of the Minister for Community, Equality and Gaeltacht Affairs in relation to Equality, Integration, Disability and Human Rights to the Minister of Justice and Law Reform with effect from 1 April 2011.

· A second Order was made to change the title of the Minister for Justice and Law Reform to the Minister for Justice and Equality and a similar name change for the Minister's Department, with effect from 2 April 2011.

· On the same date an Order transferring responsibility for the functions of the Minister for Tourism, Culture and Sport in relation to Tourism and Sport to the Minister for Transport with effect from 1 April 2011 was made.

· A further Order was made to change the title of the Minister for Transport to the Minister for Transport, Tourism and Sport and a similar name change for the Minister's Department, with effect from 2 April 2011. Orders made on 5 April :

On 5 April the Government made Orders to transfer the functions of the Minister for Community, Equality and Gaeltacht Affairs in relation to

· Marine Tourism to the Minister for Agriculture, Fisheries and Food,

· the National Drugs Strategy to the Minister for Health and Children,

· Social Inclusion to the Minister for Social Protection,

· Gaeilge, Gaeltacht and the Islands to the Minister for Tourism, Culture and Sport.

Each of these transfers will come into effect on 1 May 2011.

Orders made on 19 April:

· Yesterday the Government made Orders transferring the Heritage functions from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport with effect from 1 May 2011.

· A further Order was made to change the name of the Department to the Department of the Environment, Community and Local Government with effect from 2 May 2011.

· The Taoiseach also signed Orders yesterday to transfer further functions from the Minister for Community, Equality and Gaeltacht Affairs. These functions included the 'Community' functions, Waterways Ireland and the 'Charities' functions.

When all relevant functions have transferred from the Department of Community, Equality and Gaeltacht, the structure of that Department will be utilised to establish the Department of Children and Youth Affairs. In due course, the Government will be asked to agree to An Alteration of Title and Change of Name Order which will change the name of the Department to the Department of Children and Youth Affairs. Further Orders will then be made to transfer functions into the new Department.

It is envisaged that the Department of Children and Youth Affairs will comprise:

· The functions of the Office of the Minister for Children and Youth Affairs (including co-location of the Early Years Education Unit from the Department of Education and Skills)

· Irish Youth Justice Service, transferring from the Department of Justice and Equality.

· Functions of the Minister for Education and Skills regarding the National Educational Welfare Board.

· Family Affairs and the Family Support Agency (currently part of the Department of Community, Equality and Gaeltacht Affairs). A review of the legislation covering the functions transferring into the Department of Children and Youth Affairs is ongoing.

The Department of Public Expenditure and Reform will be established by primary legislation. Work has commenced on the Ministers and Secretaries (Amendment) Bill 2011. This work is being given top priority in my Department and in the Office of the Attorney General. Initial legal advice from the Office of the Attorney General suggests that the transfer of the Irish Coast Guard from the Department of Transport, Tourism and Sport to the Department of Agriculture, Fisheries and Food (which will subsequently be renamed the Department of Agriculture, Food and the Marine) cannot proceed in full without primary legislation. The Department of Transport, Tourism and Sport is awaiting written legal advice to this effect.

There are a number of other Transfer of Functions/Alteration of Name of Department and Title of Minister Orders currently with the Office of the Parliamentary Counsel and these will be brought to Government in May. I can assure the Deputy that everyone involved in the process, both in my own Department and in the other Departments concerned, is making every effort to complete all of the changes at the earliest possible date.

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