Ministers and Secretaries Act 1924
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) F1[…]
(vii) The Department of Industry and Commerce which shall comprise the administration and business generally of public services in connection with trade, commerce, industry, and labour, industrial and commercial organisations and combinations, industrial and commercial statistics, transport, shipping, natural resources, and all powers, duties and functions connected with the same, including the promotion of trade and commerce by means of educational grants, and shall include in particular the business, powers, duties and functions of the branches and officers of the public services specified in the Sixth Part of the Schedule to this Act, and of which Department the head shall be, and shall be styled, an t-Aire Tionnscail agus Tráchtála or (in English) the Minister for Industry and Commerce.
(viii) F2[…]
(ix) F3[…]
(x) The Department of Defence which shall comprise the administration and business of the raising, training, organisation, maintenance, equipment, management, discipline, regulation, and control according to law of the Military Defence Forces of Saorstát Eireann, and all powers, duties and functions connected with the same, and of which Department the head shall be, and shall be styled, an t-Aire Cosanta or (in English) the Minister for Defence F4[…].
(xi) The Department of External Affairs which shall comprise the administration and business generally of public services in connection with communications and transactions between the Government of Saorstát Eireann and the Government of any other state or nation, diplomatic and consular representation of Saorstát Eireann in any country or place, international amenities, the granting of passports and of visés to passports, and all powers, duties and functions connected with the same, and of which Department the head shall be, and shall be styled, an t-Aire Gnóthaí Coigríche or (in English) the Minister for External Affairs.
Annotations
Amendments:
F1
Repealed (1.09.1928) by Ministers and Secretaries (Amendment) Act 1928 (6/1928), s. 2(4), S.I. No. 49 of 1928.
F2
Repealed (1.09.1928) by Ministers and Secretaries (Amendment) Act 1928 (6/1928), s. 3(4).
F3
Repealed (27.12.1983) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), s. 14(c).
F4
Repealed (1.01.1955) by Defence Act 1954 (18/1954), s. 9 and sch. 1, S.I. No. 233 of 1954.
Modifications (not altering text):
C14
Functions transferred and references to Minister for Finance construed as Minister for Public Expenditure and Reform (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 8, S.I. No. 401 of 2011.
Transfer of certain expenditure functions to Minister.
8.— (1) The functions of the Minister for Finance—
(a) referred to in section 1(ii) of the Act of 1924 relating to the expenditure of the revenues of the State, in so far only as they consist of, or are connected with, the preparation of the estimate of expenditure for each financial year in respect of each supply service, and
(b) under subsections (2) and (4) of section 2 of the Act of 1924,
are transferred to the Minister.
(2) The functions of the Minister for Finance referred to in section 1(ii) of the Act of 1924 consisting of 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 are transferred to the Minister.
(3) The functions of the Minister for Finance (other than functions conferred by or under statute) consisting of the carrying out of reviews of expenditure of public moneys are transferred to the Minister.
C15
Functions transferred and references to Minister for Industry and Energy construed as Minister for Trade Commerce and Tourism (16.12.1983) by Industry (Transfer of Departmental Administration and Ministerial Functions) Order 1983 (S.I. No. 383 of 1983), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Trade, Commerce and Tourism.
(2) References to the Department of Industry and Energy contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Trade, Commerce and Tourism.
4. (1) The functions vested in the Minister for Industry and Energy by or under the statutes and regulations mentioned in the Schedule to this Order are hereby transferred to the Minister for Trade, Commerce and Tourism.
(2) Any functions in relation to industry vested in the Minister for Industry and Energy by section 1 (vii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and not transferred by paragraph 1 of this Article, are hereby transferred to the Minister for Trade, Commerce and Tourism.
(3) References to the Minister for Industry and Energy contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Trade, Commerce and Tourism.
C16
Functions transferred and references to Minister for Industry, Commerce and Energy construed as Minister for Energy (22.01.1980) by Energy (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 9 of 1980), art. 4(2), in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by paragraph (1) of this Article shall, on and after the Department of Energy.
(2) References to the Department of Industry, Commerce and Energy contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (I) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Energy.
4. (1) The functions vested in the Minister for Industry, Commerce and Energy by or under the statutes and statutory instruments mentioned in the Schedule to this Order are hereby transferred to the Minister for Energy.
(2) Any functions in relation to natural resources vested in the Minister for Industry, Commerce and Energy by section 1 (vii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and not transferred by paragraph (1) of this Article are hereby transferred to the Minister for Energy.
...
(4) References to the Minister for Industry, Commerce and Energy contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Energy.
C17
Functions transferred and references construed (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973), art. 3(1)(c), (2), in effect as per art. 1(2), subject to transitional provisions in arts. 5-8.
3. (1) The administration and business in connection with the exercise, performance or execution of— ...
(c) any functions referred to in section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that relate to equipment for the automatic processing of information,
are hereby transferred to the Department of the Public Service.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of the Public Service.
...
(6) References to the Minister for Finance contained in any enactment or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for the Public Service.
C18
Provision construed (11.07.1945) by Minister for Supplies (Transfer of Functions) Act 1945 (21/1945), s. 7(1), commenced on enactment.
Construction of certain enactments.
7.—(1) Paragraph (vii) of section 1 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and the Turf (Use and Development) Act, 1936 (No. 23 of 1936), shall, on and after the appointed day, have effect as if the Transfer of Administration and Functions (Turf) Order, 1941 ( S. R. & O., No. 285 of 1941 ), and the Transfer of Administration and Functions (Turf) Order, 1943 ( S. R. & O., No. 54 of 1943 ), had not been made.
...
C19
Functions transferred and references to Department of Finance construed as Department of Public service (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. 294 of 1973), art. 3(1)(c), 2, in effect as per art. 1(2), subject to transitional provisions in arts. 5-8.
3. (1) The administration and business in connection with the exercise, performance or execution of— ...
(c) any functions referred to in section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that relate to equipment for the automatic processing of information,
are hereby transferred to the Department of the Public Service.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of the Public Service.
Editorial Notes:
E19
Power pursuant to act exercised (1.06.2013) by Burial Ground (Amendment) Regulations 2013 (S.I. No. 144 of 2013), in effect as per reg. 2.