Written answers

Tuesday, 10 October 2017

Department of Justice and Equality

Ministerial Functions

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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215. To ask the Tánaiste and Minister for Justice and Equality if there were changes in the powers delegated to the Ministers of State in his Department relative to the situation in place prior to 14 June 2017; if so, the details of same; and if he will make a statement on the matter. [42784/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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In accordance with the Ministers and Secretaries (Amendment) (No.2) Act 1977, the Government may delegate, by way of an Order, to a Minister of State any of the powers and duties of the relevant Minister of the Government under any particular Act or any particular statutory power or duty. Such orders can be made in cases where a Minister of State would be expected to carry out statutory functions on behalf of or in addition to a Minister. However, the role and functions of Ministers of State of course often encompass broad areas of responsibility rather than being limited to those powers formally delegated under statute.

As you will appreciate the Department of Justice and Equality has a broad remit and I welcome the support provided by various colleagues who have been assigned to my Department as Ministers of State.

Earlier this year, Mr. David Stanton TD was reappointed Minister of State at the Department of Justice and Equality with special responsibility for Equality, Immigration, and Integration. In July 2017, I received Government approval to delegate powers and duties to Minister of State Stanton TD. These powers and duties are set out in Statutory Instrument 351 of 2017. Minister Stanton's responsibilities include human rights and equality, matters relating to the Irish Refugee Protection Programme, reception and integration matters, various EU funding matters, and matters relating to youth justice, gambling and firearms that fall under the responsibility of the Department of Justice and Equality.

Statutory Instrument 351 differs from the prior Delegation of Functions Order, S.I. No 422 of 2016, by the addition in the Schedule of the Paternity Leave and Benefit Act 2016 ( No. 11 of 2016).

Mr. Finian McGrath TD also remains Minister of State attending Government and Minister of State at the Departments of Social Protection, Justice & Equality and Health with special responsibility for Disabilities. The Office of Minister of State McGrath is located in the Department of Health. I understand that certain statutory functions have been delegated to Minister McGrath by both the Minister for Health and the Minister for Employment Affairs and Social Protection.

Mr. Pat Breen TD was appointed Minister of State at the then named Department of Enterprise and Innovation, the Department of Employment and Social Protection, the Department of the Taoiseach and the Department of Justice and Equality with special responsibility for Trade, Employment, Business, EU Digital Single Market and Data Protection in June 2017, having served as Minister of State for Employment and Small Business from May 2016. His Office is located in the Department of Business, Enterprise and Innovation. Minister Breen's responsibility within my Department is in respect of Data Protection matters. However, I will continue to lead on the legislative passage of the Data Protection Bill.

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