Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 58: To ask the Minister for Finance the process under which he proposes to create new Departments and shift existing responsibilities of some over to others on a Department by Department basis; and if that requires legislative change. [10877/11]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 59: To ask the Minister for Finance the time frame under which he proposes to create the new Departments and shift existing responsibilities of some over to others. [10878/11]

Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 58 and 59 together.

The process of transferring functions from one Department to another is carried out by means of Government Orders under powers contained in section 6(1) of the Ministers and Secretaries (Amendment) Act 1939, while in some cases primary legislation may be needed. Each Order is carefully drafted so that all relevant legislation is listed in the Schedule to the Order. The Departments which held the functions which are being transferred to other Departments have been fully engaged in this task since the Taoiseach's announcements on 9 March. Orders to implement the majority of the changes have already been 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.

At the same Government meeting 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.

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 functions in relation to the National Drug Strategy to the Minister for Health and Children, the functions in relation to Social Inclusion to the Minister for Social Protection, and the functions in relation to Gaeilge, Gaeltacht and the Islands to the Minister for Tourism, Culture and Sport. Each of these transfers came into effect on 1 May 2011.

On 19 April 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. The Department became the Department of the Environment, Community and Local Government on 2 May 2011. The Taoiseach also signed Orders on 19 April transferring further functions from the Minister for Community, Equality and Gaeltacht Affairs. These functions included the "Community" functions, Waterways Ireland and the "Charities" functions.

On 10 May the Government made orders transferring functions of the Minister for Education and Skills regarding the National Educational Welfare Board to the Minister for Community, Equality and Gaeltacht Affairs. Residual functions of the Minister for Community, Equality and Gaeltacht Affairs were transferred to the Minister for Tourism, Culture and Sport. The resulting shell of the Department of Community, Equality and Gaeltacht Affairs, which has been left containing only the Family Affairs and Family Support Agency, has permitted an order to be signed with effect from 2 June 2011 renaming the Department as the Department of Children and Youth Affairs.

On May 10 the Government also signed an order transferring the Office of the Minister for Children functions, with effect from 3 June 2011, from the Minister for Health and Children to the Minister for Children and Youth Affairs. This in turn allowed an order to be signed renaming, with effect from 4 June 2011, the Minister for Health and Children and the Department of Health and Children as the Minister for Health and the Department of Health respectively.

The Taoiseach also signed an order on 10 May transferring, with effect from 1 June 2011, the residual functions of the Minister for Tourism, Culture and Sport in relation to Tourism and Sport to the Minister for Transport, Tourism and Sport. This has allowed an order to be signed renaming, with effect from 2 June 2011, the Minister for Tourism, Culture and Sport and the Department of Tourism, Culture and Sport as the Minister for Arts, Heritage and the Gaeltacht and the Department of Arts, Heritage and the Gaeltacht respectively.

The implementation of some of the changes to the structure of Government Departments will require primary legislation. In particular, 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.

A review of the legislation covering the Office of the Minister for Children and Youth Affairs functions is ongoing and primary legislation may be required in relation to some of them. The Department of Health and Children has already received advice from the Attorney General that primary legislation is required in relation to the Child Care Act 1991.

The Department of Justice and Equality has indicated that they will seek the Attorney General's advice regarding the possible requirement for primary legislation in respect of the transfer of certain functions of the Irish Youth Justice Service. The Department of Public Expenditure and Reform will be established by primary legislation. I expect that I will be in a position to present the attendant Bill to the Government at its meeting of 17 May next.

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. These will be brought to Government as soon as possible at its meetings in May. At this stage, I cannot give a precise date for the completion of all of the changes to the structures of Government Departments as this depends on a number of factors, including the complexity of the legislation governing the particular functions. I can assure the Deputy that everyone involved in the process, both in my own Department, in the Office of the Attorney General and in the other Departments concerned, is making every effort to complete all of the changes at the earliest possible date.