Ministers and Secretaries Act, 1924

JurisdictionIreland
CitationIR No. 16/1924
Year1924


Number 16 of 1924.


MINISTERS AND SECRETARIES ACT, 1924.


ARRANGEMENT OF SECTIONS

Section

1.

Establishment of the Departments of State.

2.

Ministers to be corporations sole and to have certain powers.

3.

Allocation of Departments of State among Ministers.

4.

Remuneration of Ministers.

5.

Collective responsibility of Executive Council preserved.

6.

The Attorney General.

7.

Power to Executive Council to appoint Parliamentary Secretaries.

8.

Constitution of the Council of Defence.

9.

Powers of Executive Council in respect of statutory bodies.

10.

Expenses of public services payable out of special funds.

11.

Power to Minister to function through agency of another Minister.

12.

Power to Executive Council to redistribute public services amongst Ministers.

13.

Orders of Executive Council to be laid before each House of the Oireachtas.

14.

Apportionment of funds between Ministers.

15.

Authentication of official documents.

16.

Executive Council to have a seal.

17.

Proof of official Orders, etc.

18.

References to Ministers in existing Acts.

19.

Laying of reports before the Oireachtas.

20.

Short title and commencement.

SCHEDULE


Act Referred to

Civil Service Regulation Act, 1923

No. 35 of 1923

Adaptation of Enactments Act, 1922

(No, 2 of 1922)


Number 16 of 1924.


MINISTERS AND SECRETARIES ACT, 1924.


AN ACT FOR CONSTITUTING AND DEFINING THE MINISTERS AND DEPARTMENTS OF STATE IN SAORSTAT EIREANN PURSUANT TO THE CONSTITUTION AND DECLARING THE FUNCTIONS AND POWERS OF THE ATTORNEY-GENERAL AND ENABLING THE APPOINTMENT OF PARLIAMENTARY SECRETARIES AND FOR PURPOSES INCIDENTAL THERETO. [21st April, 1924.]

WHEREAS it is enacted by the Constitution of Saorstát Eireann that there shall be a Council responsible to Dáil Eireann to aid and advise in the Government of Saorstát Eireann, and that the said Council shall be styled the Executive Council and shall consist of not more than seven nor less than five Ministers, all being members of Dáil Eireann and appointed by the Representative of the Crown on the nomination of the President of the Executive Council with the assent of Dáil Eireann, who shall be collectively responsible for all matters concerning the Departments of State administered by Members of the Executive Council, and shall meet and act as a collective authority:

AND WHEREAS it is by the said Constitution provided that the Ministers who form the Executive Council shall include the President of the Council, the Vice-President of the Council and the Minister in charge of the Department of Finance:

AND WHEREAS it is also by the said Constitution enacted that Ministers other than those who shall be members of the Executive Council may be appointed by the Representative of the Crown, and that every such Minister shall be nominated by Dáil Eireann on the recommendation of a Committee of Dáil Eireann constituted for that purpose, and it is thereby further provided that every such Minister shall be the responsible head of the Department or Departments under his charge and shall be individually responsible to Dáil Eireann alone for the administration of the Department or Departments of which he is the head:

AND WHEREAS it is also by the said Constitution enacted that the total number of Ministers, including the Ministers who are members of the Executive Council, shall not exceed twelve, and that Ministers shall receive such remuneration as may from time to time be prescribed by law but that the remuneration of any Minister shall not be diminished during his term of office:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

Establishment of the Departments of State.

1.—There shall be established in Saorstát Eireann the several Departments of State specified and named in the eleven following sub-paragraphs, amongst which the administration and business of the public services in Saorstát Eireann shall be distributed as in the said sub-paragraphs is particularly mentioned, and each of which said Departments and the powers, duties and functions thereof shall be assigned to and administered by the Minister hereinafter named as head thereof, that is to say:—

(i) The Department of the President of the Executive Council which shall comprise the business, powers, authorities, duties and functions by the Constitution or by any existing or future Act of the Oireachtas or otherwise conferred on or to be discharged or performed by the Minister, who shall hold the office of and be styled Uachtarán na hArd-Chomhairle or (in English) the President of the Executive Council, and also the custody of and responsibility for all public archives and records and of papers and documents of State and of grants, deeds and other instruments of title relating to the property corporeal and incorporeal, real and personal for the time being vested in Saorstát Eireann and of records of the Executive Council and also the custody of the Seal of the Executive Council and also the responsibility for and control of the official publications of the Executive Council and also the administrative control of and responsibility for such public services and the business, powers, duties and functions thereof as may not for the time being be comprised in any of the Departments of State constituted by this Act.

(ii) The Department of Finance which shall comprise the administration and business generally of the public finance of Saorstát Eireann and all powers, duties and functions connected with the same, including in particular the collection and expenditure of the revenues of Saorstát Eireann from whatever source arising (save as may be otherwise provided by law), and the supervision and control of all purchases made for or on behalf of and all supplies of commodities and goods held by any Department of State and the disposal thereof, and also the business, powers, duties and functions of the branches and officers of the public service specified in the first part of the Schedule to this Act, and of which Department the head shall be, and shall be styled an t-Aire Airgid or (in English) the Minister for Finance.

(iii) The Department of Justice which shall comprise the administration and business generally of public services in connection with law, justice, public order and police, and all powers, duties and functions connected with the same (except such powers, duties and functions as are by law reserved to the Executive Council and such powers, duties and functions as are by the Constitution or by law excepted from the authority of the Executive Council or of an Executive Minister), and shall include in particular the business, powers, duties and functions of the branches and officers of the public service specified in the Second Part of the Schedule to this Act, and of which Department the head shall be, and shall be styled, an t-Aire Dlí agus Cirt or (in English) the Minister for Justice.

(iv) The Department of Local Government and Public Health which shall comprise the administration and business generally of public services in connection with local government, public health, relief of the poor, care of the insane (including insane criminals), health insurance, elections to each House of the Oireachtas, elections to local bodies and authorities, registration of voters, maintenance of public roads, and highways, registration of births, deaths and marriages, and vital statistics and all powers, duties and functions connected with the same, and shall include in particular the business, powers, duties and functions of the branches and officers of the public service specified in the Third Part of the Schedule to this Act, and of which Department the head shall be, and shall be styled, an t-Aire Rialtais Aitiúla agus Sláinte Puiblí or (in English) the Minister for Local Government and Public Health.

(v) The Department of Education which shall comprise the administration and business generally of public services in connection with Education, including primary, secondary and university education, vocational and technical training, endowed schools, reformatories, and industrial schools, and all powers, duties and functions connected with the same, and shall include in particular the business, powers, duties and functions of the branches and officers of the public services specified in the Fourth Part of the Schedule to this Act, and of which Department the head shall be, and shall be styled, an t-Aire Oideachais or (in English) the Minister for Education.

(vi) The Department of Lands and Agriculture which shall comprise the administration and business generally of public services in connection with agriculture and lands, including the fixing of rents and tenure of lands, acquisition by occupying tenants of full ownership by means of public funds, enlargement and other economic improvement of holdings of land, purchase of land for distribution by way of re-sale, relief of rural congestion and like uneconomic conditions, promotion of agriculture by means of educational grants, and of lectures on special subjects, agricultural statistics, forestry, veterinary services, survey and mapping of land, and all powers, duties and functions connected with the same, and shall include in particular the business, powers, duties and functions of the branches and officers of the public services specified in the Fifth Part of the Schedule to this Act, and of which Department the head shall be, and shall be styled, an t-Aire Tailte agus Talmhaíochta or (in English) the Minister for Lands and Agriculture.

(vii) The Department of Industry and Commerce which shall comprise the administration and business generally of public services in connection with trade, commerce, industry...

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