Written answers
Tuesday, 1 February 2022
Department of Employment Affairs and Social Protection
Ministerial Responsibilities
Claire Kerrane (Roscommon-Galway, Sinn Fein)
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534. To ask the Minister for Employment Affairs and Social Protection if she will provide an explanation of the difference between a ministerial order and a ministerial announcement; and if she will make a statement on the matter. [4289/22]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Deputy will be aware that an Act (primary legislation) can delegate powers to a Government Minister to legislate in day-to-day matters arising from that Act. Secondary legislation must be consistent with, and based on, the legislation adopted by the Oireachtas. If it is not, it can be overturned by the courts.
Statutory Instruments can take the form of Ministerial Orders, Regulations and bye laws.
Some Acts provide for a Minister to decide when to bring certain provisions them into force. Such provisions can be commenced by Ministerial Order.
In contrast, Ministerial announcements are generally made in relation to non-statutory schemes.
I understand that the Deputy’s query in relation to the Household Benefits Scheme has been answered in PQ 4288/22.
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