Ministers and Secretaries Act 1924
Number 16 of 1924
MINISTERS AND SECRETARIES ACT 1924
REVISED
Updated to 21 February 2025
This Revised Act is an administrative consolidation of the Ministers and Secretaries Act 1924. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 2025 (1/2025), enacted 21 February 2025, and all statutory instruments up to and including European Union (European Green Bonds Standards and Disclosures) Regulations 2025 (S.I. No. 41 of 2025), made 21 February 2025, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 1924
MINISTERS AND SECRETARIES ACT 1924
REVISED
Updated to 21 February 2025
ARRANGEMENT OF SECTIONS
Acts Referred to
|
No. 35 of 1923 |
|
|
(No, 2 of 1922) |
|
Number 16 of 1924.
MINISTERS AND SECRETARIES ACT 1924
REVISED
Updated to 21 February 2025
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:—
Annotations
Modifications (not altering text):
C1
Application of collectively cited Ministers and Secretaries Acts extended (2.08.2020) by Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 2020 (10/2020), s. 1(3), commenced on enactment.
Department of Further and Higher Education, Research, Innovation and Science
1. ...
(3) The Ministers and Secretaries Acts 1924 to 2017 and the Documentary Evidence Act 1925 shall apply to the Department of Further and Higher Education, Research, Innovation and Science and the member of the Government who is in charge thereof as if that Department of State had been established by section 1 of the Ministers and Secretaries Act 1924.
C2
Application of collectively cited Ministers and Secretaries Acts extended (19.07.2017) by Ministers and Secretaries (Amendment) Act 2017 (18/2017), s. 1(3), commenced on enactment.
Department of Rural and Community Development
1. ...
(3) The Ministers and Secretaries Acts 1924 to 2013 and the Documentary Evidence Act 1925 shall apply to the Department of Rural and Community Development and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act 1924.
C3
Application of collectively cited Ministers and Secretaries Acts extended and functions transferred (4.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 7(3), 8, commenced on enactment.
Department of Public Expenditure and Reform
7.— ...
(3) The Ministers and Secretaries Acts 1924 to 2007 and the Documentary Evidence Act 1925 shall apply to the Department of Public Expenditure and Reform and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Act of 1924.
...
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.
C4
Application restricted (10.04.1995) by Heritage Act 1995 (4/1995), s. 24, commenced on enactment.
Functions of Commissioners of Public Works in Ireland.
24.—The functions of the Commissioners in relation to the national heritage under the enactments set out in the Table to this section shall, notwithstanding anything to the contrary in the Ministers and Secretaries Act, 1924, be performed subject to the supervision of the Minister and to such directions as the Minister may give in relation thereto and the Commissioners shall provide the Minister with such information as the Minister may require for those purposes.
C5
Application of collectively cited Ministers and Secretaries Acts extended (27.12.1983) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), s. 1(3), commenced on enactment.
The Department of Communications.
2.— ...
(3) The Ministers and Secretaries Acts, 1924 to 1980, and the Documentary Evidence Act, 1925, shall apply to the Department of Communications and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act, 1924.
C6
Application of collectively cited Ministers and Secretaries Acts extended (6.12.1977) by Ministers and Secretaries (Amendment) Act 1977 (27/1977), s. 7(3), commenced on enactment.
The Department of Economic Planning and Development
2.— ...
(4) The Ministers and Secretaries Acts, 1924 to 1973, and the Documentary Evidence Act, 1925, shall apply to the Department of Economic Planning and Development and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act, 1924.
...
C7
Application of collectively cited Ministers and Secretaries Acts extended (17.07.1973) by Ministers and Secretaries (Amendment) Act 1973 (14/1973), s. 3(4), commenced on enactment.
The Department of the Public Service
3.— ...
(4) The Ministers and Secretaries Acts, 1924 to 1966, and the Documentary Evidence Act, 1925, shall apply to the Department of the Public Service and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act, 1924.
...
C8
Application of collectively cited Ministers and Secretaries Acts extended (13.07.1966) by Ministers and Secretaries (Amendment) Act 1966 (18/1966), s. 2(3), commenced as per s. 2(1) and S.I. No. 162 of 1966.
The Department of Labour
2.— ...
(3) The Ministers and Secretaries Acts, 1924 to 1959, and the Documentary Evidence Act, 1925, shall apply to the Department of Labour and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act, 1924.
C9
Application of collectively cited Ministers and Secretaries Acts extended (27.07.1959) by Ministers and Secretaries (Amendment) Act 1959 (17/1959), s. 2(3), commenced on enactment.
The Department of Transport and Power
2.— ...
(3) The Ministers and Secretaries Acts, 1924 to 1956, and the Documentary Evidence Act, 1925, shall apply to the Department of Transport and Power and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act, 1924.
...
C10
Application of collectively cited Ministers and Secretaries Acts extended (5.06.1956) by Ministers and Secretaries (Amendment) Act 1956 (21/1956), s. 3(4), commenced on enactment.
The Department of the Gaeltacht
3.— ...
(4) The Ministers and Secretaries Acts, 1924 to 1946 and the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to the Department of the Gaeltacht and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924).
...
C11
Application of collectively cited Ministers and Secretaries Acts, 1924 to 1939 extended (24.12.1946) by Ministers and Secretaries (Amendment) Act 1946 (38/1946), ss. 2(4), 3(4), commenced on enactment.
The Department of Health
2.— ...
(4) The following enactments, that is to say, the Ministers and Secretaries Acts, 1924 to 1939, and the Act of 1925, shall apply to the Department of Health and the Minister having charge thereof as if that Department had been established by section 1 of the Principal Act.
...
The Department of Social Welfare
3.— ...
(4) The following enactments, that is to say, the Ministers and Secretaries Acts, 1924 to 1939, and the Act of 1925, shall apply to the Department of Social Welfare and the Minister having charge thereof as if that Department had been established by section 1 of the Principal Act.
...
C12
Application of collectively cited Ministers and Secretaries Acts extended (8.09.1939) by Ministers and Secretaries (Amendment) Act 1939 (36/1939), s. 2(4), commenced on enactment.
The Department of Supplies
2.— ...
(4) The Principal Act (except section 1 and sub-section (1) of section 2 thereof and the sections thereof repealed by this or any other Act) shall apply to the Department of Supplies and the Minister having charge thereof as if that Department had been established by section 1 of the Principal Act.
C13
Application of collectively cited Ministers and Secretaries Acts construed (8.09.1939) by Ministers and Secretaries (Amendment) Act 1939 (36/1939), s. 2(4), commenced on enactment.
Minister without portfolio.
4.—(1) Nothing in the Ministers and Secretaries Acts, 1924 and 1928, or this Act shall render it obligatory for every member of the Government to be a Minister having charge of a Department of State.
(2) A member of the Government who is not a Minister having charge of a Department of State shall be known as a Minister without portfolio.
(3) The Government may, whenever they think proper so to do, assign to any particular Minister without portfolio a specific style or title which shall be judicially and officially noticed.
Editorial Notes:
E1
Previous affecting provision: power pursuant to Act exercised (9.07.1951) by Money Order Amendment (No. 14) Regulations 1951 (S.I. No. 295 of 1951), in effect as per art. 3; revoked (1.01.2002) by Money Order Amendment (No. 34) Scheme 2002 (S.I. No. 96 of 2002, art. 3 and sch. item 11, in effect as per art. 3.
E2
Previous affecting provision: power pursuant to Act exercised (9.07.1951) by Postal Order (Inland) Amendment (No. 4) Regulations 1951 (S.I. No. 294 of 1951), in effect as per art. 4; revoked (1.01.2002) by Postal Order (Inland) Amendment (No. 26) Scheme 2002 (S.I. No. 95 of 2002), art. 3 and sch. item 4, in effect as per art. 3.
E3
Previous affecting provision: power pursuant to Act exercised (19.05.1938) by Foreign and Colonial Parcel Post Amendment (No. 6) Warrant 1938 (S.I. No. 114 of 1938), in effect as per art. 4; revoked (18.05.1953) by Foreign Parcel Post Warrant 1953 (S.I. No. 418 of 1953), art. 36 and sch. 6, in effect as per art. 1(2).
E4
Previous affecting provision: power pursuant to Act exercised (19.05.1938) by Inland Post Amendment (No. 33) Warrant 1938 (S.I. No. 113 of 1938), in effect as per art. 4; revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939), art. 67 and sch. 6, in effect as per art. 1(2).
E5
Previous affecting provision: power pursuant to Act exercised (1.07.1936) by Inland Post Amendment (No 31) Warrant 1936 (S.I. No. 203 of 1936), in effect as per art. 6; revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939), art. 67 and sch. 6, in effect as per art. 1(2).
E6
Previous affecting provision: power pursuant to Act exercised (12.07.1934) by Foreign and Colonial Parcel Post Amendment (No. 5) Warrant 1934 (S.I. No. 185 of 1934), in effect as per art. 4; revoked (17.09.1951) by Foreign Parcel Post Amendment (No. 7) Warrant 1951 (S.I. No. 300 of 1951), art. 4.
E7
Previous affecting provision: power pursuant to Act exercised (1.04.1929) by Money Order Amendment (No. 13) Regulations 1929 (S.I. No. 14 of 1929), in effect as per art. 3; revoked (1.01.2002) by Money Order Amendment (No. 34) Scheme 2002 (S.I. No. 96 of 2002), art. 3 and sch. item 10, in effect as per art. 3.
E8
Previous affecting provision: power pursuant to Act exercised (1.06.1928) by Foreign and Colonial Parcel Post Amendment (No. 4) Warrant 1928 (S.I. No. 31 of 1928), in effect as per art. 4; revoked (18.05.1953) by Foreign Parcel Post Warrant 1953 (S.I. No. 418 of 1953), art. 36 and sch. 6, in effect as per art. 1(2).
E9
Previous affecting provision: power pursuant to Act exercised (1.06.1928) by Inland Post Amendment (No. 30) Warrant 1928 (S.I. No. 30 of 1928), in effect as per art. 3; revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939) art. 67 and sch. 6, in effect as per art. 1(2).
E10
Previous affecting provision: power pursuant to Act exercised (1.03.1928) by Inland Post Amendment (No. 29) Warrant 1928 (S.I. No. 9 of 1928), in effect as per art. 16; revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939) art. 67 and sch. 6, in effect as per art. 1(2).
E11
Previous affecting provision: power pursuant to Act exercised (22.11.1926) by The Money Order Amendment (No. 12) Regulations 1926 (S.I. No. 71 of 1926), in effect as per art. 4; revoked (1.01.2002) by Money Order Amendment (No. 34) Scheme 2002 (S.I. No. 96 of 2002), art. 3 and sch. item 9, in effect as per art. 3.
E12
Previous affecting provision: power pursuant to Act exercised (15.11.1926) by Foreign and Colonial Post Amendment (No. 3) Warrant 1926 (S.I. No. 69 of 1926), in effect as per art. (4), revoked (1.09.1949) by Foreign Post Warrant 1949 (S.I. No. 267 of 1949), art. 61 and sch. 5, in effect as per art. 1(2).
E13
Previous affecting provision: power pursuant to Act exercised (15.11.1926) by Foreign and Colonial Parcel Post Amendment (No. 3) Warrant 1926 (S.I. No. 68 of 1926), in effect as per art. (4); revoked (18.05.1953) by Foreign Parcel Post Warrant 1953 (S.I. No. 418 of 1953), art. 36 and sch. 6, in effect as per art. 1(2).
E14
Previous affecting provision: power pursuant to Act exercised (1.01.1926) by The Inland Post Amendment (No. 28) Warrant 1925 (S.I. No. 64 of 1925), in effect as per art. (3); revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939) art. 67 and sch. 6, in effect as per art. 1(2).
E15
Power pursuant to Act exercised (1.05.1925) by Inland Post Amendment (No. 27) Warrant 1925 (S.I. No. 25 of 1925), in effect as per art. (6); revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939) art. 67 and sch. 6, in effect as per art. 1(2).
E16
Previous affecting provision: power pursuant to Act exercised (1.01.1925) by Inland Post Amendment (No. 26) Warrant 1924 (S.I. No. 33 of 1924), in effect as per art. 3; revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939) art. 67 and sch. 6, in effect as per art. 1(2).
E17
Previous affecting provision: power pursuant to act exercised (1.09.1924) by Foreign and Colonial Parcel Post Amendment (No. 2) Warrant 1924 (S.I. No. 28 of 1924), in effect as per art. (5); revoked (18.05.1953) by Foreign Parcel Post Warrant 1953 (S.I. No. 418 of 1953), art. 36 and sch. 6, in effect as per art. 1(2).
E18
Previous affecting provision: power pursuant to Act exercised (1.09.1924) by Inland Post Amendment (No. 25) Warrant 1924 (S.I. No. 27 of 1924), in effect as per art. (5); revoked (1.09.1939) by Inland Post Warrant 1939 (S.I. No. 202 of 1939) art. 67 and sch. 6, in effect as per art. 1(2).