Written answers

Thursday, 14 July 2011

Department of Justice, Equality and Defence

Ministerial Functions

8:00 pm

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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Question 27: To ask the Minister for Public Expenditure and Reform the role he will play in representing Ireland at EU level. [20310/11]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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As Minister for Public Expenditure & Reform I have overall responsibility for Ireland's EU Structural Funds Programmes under the National Strategic Reference Programme (NSRF), including the co-ordination of all EU Funds and the promotion of Ireland's interests in the debate on future EU Cohesion policy. In this capacity I will be representing Ireland at meetings of Ministers with responsibility for Cohesion Policy. My officials also take part in a range of EU working groups, principally the Co-ordination Committee of the Funds and the Council Structural Action Working Party.

My Department is also responsible for engagement at EU level in relation to EU public procurement policy and legislation. In addition, it represents Ireland in eGovernment/ICT related activities at EU level, including the Interoperability Solutions for European Public Administrations (ISA) EU programme 2010-2015, and participates in the EU Commission's eGovernment Benchmarking Exercise. It also contributes to the work of the Council Working Group and related groups dealing with the Staff Regulations for Officials of the EU Institutions. Finally, it participates in the European Public Administration network (EUPAN), an informal network of Secretaries General that facilitates the exchange of experience, ideas and information on matters relating to public administration in the EU Member States and the European Commission.

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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Question 28: To ask the Minister for Public Expenditure and Reform the powers beyond those contained in the Act establishing his Department which he expects to have transferred to him in the coming months. [20301/11]

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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Question 33: To ask the Minister for Public Expenditure and Reform if he has identified any errors or omission in respect of the provisions of the Ministers and Secretaries (Amendment) Act 2011. [20307/11]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 28 and 33 together.

As the Deputy is aware the Ministers and Secretaries (Amendment) Bill 2011 was published on 20 May. The purpose of the Bill was to provide the legislative framework for the formal establishment of the Department of Public Expenditure and Reform, to transfer of certain expenditure and public service functions from the Minister for Finance to the Minister for Public Expenditure and Reform and to place public service reform functions on a statutory footing for the first time. The Bill passed all stages on Thursday 30 June, was signed into law by the President on 04 July and the Government meeting of 05 July approved 06 July as the appointed day for the purposes of the Act, bringing the new Department in operation.

The Explanatory Memorandum that accompanied the Bill pointed out that in most instances of transferring departmental functions, secondary legislation under section 6(1) of the Ministers and Secretaries (Amendment) Act, 1939 is sufficient. However, in the case of this new department it was considered that primary legislation would be required to affect the transfer of some functions in light of the nature of the functions transferring and to ensure that there is a sound legal basis underpinning the new departmental and ministerial responsibilities. It is intended that the remaining statutory functions which are appropriate for transfer to the Minister for Public Expenditure and Reform will be transferred by way of Transfer of Functions Order, in the coming weeks. These include, for example, functions relating to Fees/Rates/Licences/Charges, the making of Regulations/Orders, the determination of functions of Agencies/Authorities, matters relating to audits and accounts, matters relating to state bodies etc. It is my attention that a further Explanatory Memorandum will be prepared and circulated giving more details of the powers and functions transferred by the Transfer of Functions Order, when the order is finalised.

As I have indicated already the appointed day for the Ministers and Secretaries (Amendment) Act 2011 was 06 July 2011 which is just over a week ago. I would like to assure the Deputy that, to date, I have not identified or been made aware of any errors or omission in relation to the provisions of the Ministers and Secretaries (Amendment) Act 2011.

Over time, as new legislation is introduced, amending or replacing older Acts the appropriate references to the Minister for Public Expenditure and Reform will be included from the outset. Over the course of the next few months if any issues arise in relation to the transfer of further powers these can be addressed by way of minor amendments to existing legislation or an additional Transfer of Functions Order. In the meantime, if the Deputy is aware of any errors or omissions I would be very glad if he could bring them to my attention.

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