MINISTERS AND SECRETARIES (AMENDMENT) ACT, 1928

AN ACT TO MAKE CERTAIN CHANGES IN THE ORGANISATION OF THE DEPARTMENT OF LANDS AND AGRICULTURE AND THE DEPARTMENT OF FISHERIES CONSEQUENTIAL ON THE RECENT INCLUSION OF THE IRISH LAND COMMISSION IN THE DEPARTMENT OF FISHERIES AND FOR THE LIKE REASON TO CHANGE THE NAMES OF THOSE DEPARTMENTS AND THE STYLES OF THE MINISTERS WHO ARE THE HEADS THEREOF RESPECTIVELY AND FOR THOSE AND OTHER PURPOSES TO AMEND THE MINISTERS AND SECRETARIES ACT, 1924. [28th June, 1928.]

WHEREAS by virtue of the Irish Land Commission (Redistribution of Public Services) Order, 1927, made by the Executive Council on the 20th day of July, 1927, under sub-section (2) of section 12 of the Ministers and Secretaries Act, 1924, the whole of the public services and officers of the Irish Land Commission have become and now are included in the Department of Fisheries:

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

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and

the word “agriculture” includes horticulture, forestry, dairying, the breeding, rearing or keeping of horses, cattle, sheep, swine, rabbits, poultry, bees and other live stock, and any industries immediately connected with and subservient to any of the said matters, and the word “agricultural” shall be construed accordingly.

2 Department of Agriculture.

2.—(1) From and after the commencement of this Act the Department of Lands and Agriculture shall be known as the Department of Agriculture and the Minister who is head of that Department shall be and shall be styled, an t-Aire Talmhaíochta or (in English) the Minister for Agriculture.

• (2) The said Department of Agriculture shall comprise the administration and business generally of public services in connection with the aiding, improving and developing of agriculture, including education in agriculture and in subjects relating thereto; the distribution, carriage and marketing of agricultural produce; inquiries, experiments and research in agricultural science and in matters relating thereto; the collection and publication of data and information relating to agriculture and agricultural produce; the promotion of co-operation for agricultural purposes; veterinary services; animal and plant disease and pests; and all powers, duties and functions connected with the said public services or any of them; and shall include in particular the business, powers, duties and functions of the branches and officers of the public services specified in the First Part of the Schedule to this Act.

• (3) Every mention or reference contained in any Act of the Oireachtas passed before the commencement of this Act or in any order rule or regulation made or to be made under any such Act or under any British Statute of or to the Minister for Lands and Agriculture and every mention or reference contained in any such Act, rule, or regulation which is required by section 18 of the Principal Act to be construed as a mention of or reference to the Minister for Lands and Agriculture shall (save when and in so far as such mention or reference is made in relation to the Irish Land Commission) be construed and have effect as a mention of or reference to the Minister for Agriculture.

• (4) Paragraph (vi) of section 1 of the Principal Act and the Fifth Part of the Schedule to the Principal Act are hereby repealed.

3 Department of Lands and Fisheries.

3.—(1) From and after the commencement of this Act the Department of Fisheries shall be known as the Department of Lands and Fisheries and the Minister who is head of that Department shall be, and shall be styled, an t-Aire Tailte agus Iascaigh or (in English) the Minister for Lands and Fisheries.

• (2) The said Department of Lands and Fisheries shall comprise the administration and business generally of public services in connection with lands (including the fixing of rents and tenure of lands and the 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 un-economic conditions, the promoting of rural industries (other than agriculture and industries immediately connected therewith or auxiliary thereto the administration and business generally of the public services relating to which are by this Act assigned to the Department of Agriculture), fisheries (including deep-sea fisheries, tidal waters fisheries, coastal fisheries, inland waters fisheries, and industries connected with the same), and all powers, duties and functions connected with the said public services or any of them and shall include in particular the business, powers, duties and functions of the branches and officers of the public services specified in the Second Part of the Schedule to this Act.

• (3) Every mention or reference contained in any Act of the Oireachtas passed before the commencement of this Act or in any order, rule or regulation made or to be made under any such Act or under any British Statute of or to the Minister for Fisheries shall be construed and have effect as a mention of or reference to the Minister for Lands and Fisheries.

• (4) Paragraph (viii) of section 1 of the Principal Act and the Seventh Part of the Schedule to the Principal Act are hereby repealed.

4 Amendment of section 12 of the Principal Act.

4.—(1) To remove doubts it is hereby declared and enacted that the powers conferred on the Executive Council by sub-section (2) of section 12 of the Principal Act extend and always have extended to public services established by or under Acts of the Oireachtas passed after the passing (whether before or after the commencement) of the Principal Act as well as to public services established by or under British Statutes or by or under Acts of the Oireachtas passed before the Principal Act.

• (2) Whenever the Executive Council by Order made under sub-section (2) of section 12 of the Principal Act re-distributes any public services amongst any of the Ministers and Departments of State it shall be lawful for the Executive Council by the same Order to make such changes in the styles and titles of the Ministers and Departments of State affected by such redistribution as appear to the Executive Council to be expedient in consequence of such redistribution.

5 Short title, commencement, construction and citation.

5.—(1) This Act may be cited as the Ministers and Secretaries (Amendment) Act, 1928.

• (2) This Act shall come into operation on such day as shall be fixed for that purpose by an order of the Executive Council.

• (3) This Act shall be construed as one with the Principal Act, and that Act and this Act may be cited together as the Ministers and Secretaries Acts, 1924 and 1928.

SCHEDULE. First Part.

Particular Branches of Administration assigned to an Roinn Talmhaíochta (the Department of Agriculture).

The Department of Agriculture and Technical Instruction for Ireland (except the business and functions relating to fisheries and technical instruction and except particular services expressly assigned by the Principal Act to the Department of Education).

The Ministry of Agriculture and Fisheries except so far as concerned with the Ordnance Survey.

The Royal Veterinary College of Ireland.

Farm Institutes of or controlled by Government.

The Royal Botanic Gardens.

Second Part.

Particular Branches of Administration assigned to an Roinn Tailte agus Iascaigh (the Department of Lands and Fisheries).

The Irish Land Commission (including the late Congested Districts Board for Ireland).

The Public Trustee in Ireland.

The Department of Agriculture and Technical Instruction for Ireland—Fisheries Branch.

The Conservators of Fisheries.