Ministers and Secretaries (Amendment) Act 2011

PART 1 Preliminary and General

1. Short title, commencement, collective citation and construction.

1.— (1) This Act may be cited as the Ministers and Secretaries (Amendment) Act 2011.

(2) Sections 8, 9, 10 and 16(3), and Parts 3 and 4 shall come into operation on the appointed day.

(3) The Ministers and Secretaries Acts 1924 to 2007 and this Act may be cited together as the Ministers and Secretaries Acts 1924 to 2011 and shall be construed together as one Act.

2. Definitions.

2.— In this Act—

“Act of 1924” means the Ministers and Secretaries Act 1924;

“Act of 1939” means the Ministers and Secretaries (Amendment) Act 1939;

“Act of 1945” means the National Stud Act 1945;

“Act of 1963” means the Companies Act 1963;

“Act of 1976” means the Gas Act 1976;

“Act of 1983” means the Postal and Telecommunications Services Act 1983;

“Act of 1988” means the Forestry Act 1988;

“Act of 1993” means the Irish Aviation Authority Act 1993;

“Act of 1996” means the Harbours Act 1996;

“Act of 1997” means the Electoral Act 1997;

“Act of 1998” means the Turf Development Act 1998;

“Act of 2001” means the Electoral (Amendment) Act 2001;

“appointed day” shall be construed in accordance with section 6;

“Minister” has the meaning assigned to it by subsection (2) of section 7;

“prescribed” means prescribed by regulations;

“statute” means—

(a) an Act of the Oireachtas, or

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution;

“statutory instrument” has the same meaning as it has in the Interpretation Act 2005.

3. Public service body.

3.— (1) For the purposes of this Act, each of the following is a public service body, and “public service” shall be construed accordingly:

(a) the Civil Service of the State;

(b) the Civil Service of the Government;

(c) the Garda Síochána;

(d) the Permanent Defence Force within the meaning of the Defence Act 1954;

(e) a local authority within the meaning of the Local Government Act 2001;

(f) the Health Service Executive;

F1[(g) an education and training board;]

(h) a relevant body, whose members of staff are persons to whom a public service pension scheme in force immediately before the passing of this Act applies;

(i) a relevant body—

(i) whose members of staff are persons in respect of whom the Minister for Finance had, immediately before the passing of this Act, the power to apply the provisions of a public service pension scheme, and

(ii) for the time being standing prescribed by the Minister for Finance.

(2) In this section—

“public service pension scheme” means an occupational pension scheme or pension arrangement (howsoever described)—

(a) provided for under the Superannuation Acts 1834 to 1963 or any other statute, and

(b) made or approved by a Minister of the Government;

“relevant body” means—

(a) a body (other than a company established under the Companies Acts) established by or under statute,

(b) a company established under the Companies Acts all of the shares in which are held—

(i) by or on behalf of a Minister of the Government, or

(ii) by directors appointed by a Minister of the Government,

(c) a subsidiary within the meaning of section 155 of the Act of 1963 of—

(i) a body to which paragraph (a) applies, or

(ii) a company to which paragraph (b) applies,

(d) a body funded, wholly or partly, out of moneys—

(i) provided by the Oireachtas, or

(ii) from the Central Fund or the growing produce thereof,

or

(e) a company or body under the control, within the meaning of section 11 of the Taxes Consolidation Act 1997, of—

(i) a company to which paragraph (b) applies,

(ii) a subsidiary to which paragraph (c) applies,

(iii) a body to which paragraph (a) or (d) applies, or

(iv) a public service body to which paragraph (e), (f) or (g) of subsection (1) applies,

for the time being standing prescribed by the Minister.

4. Regulations.

4.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Disapplication of section 7 of Official Languages Act 2003.

5.— Section 7 of the Official Languages Act 2003 shall not apply to this Act.

PART 2 Department of Public Expenditure and Reform

6. Appointed day.

6.— The Government may by order appoint a day to be the appointed day for the purposes of this Act.

7. Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

(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.

(4) For the purposes of section 6(1) of the Act of 1939 the Department of Public Expenditure and Reform and the office of the Minister for Public Expenditure and Reform shall be deemed to have been established immediately upon the passing of this Act, but any order under the said section 6(1), relating to that Department or that Minister of the Government, made before the appointed day shall not be expressed to come into operation on a day that is earlier than the appointed day.

8. 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.

9. Transfer of certain other functions to Minister.

9.— (1) (a) Subject to paragraph (b), the following functions of the Minister for Finance are transferred to the Minister, except in so far as they consist of the power to pay moneys out of the Central Fund:

(i) all functions (including functions conferred by or under statute) relating to superannuation, remuneration (including allowances and expenses), appointment and terms and conditions of service of members of staff of public service bodies;

(ii) all functions (including functions conferred by or under statute) relating to remuneration (including fees, allowances and expenses), appointment and terms and conditions of service of members, or members of boards, of public service bodies;

(iii) the functions consisting of the sanctioning or approval of expenses incurred in the administration of any statute;

(iv) all functions (including functions conferred by or under statute) relating to superannuation, remuneration (including allowances and expenses) and terms and conditions of service of—

(I) a member of either House of the Oireachtas,

(II) a member of a local authority (within the meaning of the Local Government Act 2001),

(III) a person—

(A) elected under the European Parliament Elections Act 1997 to be a member of the European Parliament, or

(B) who is regarded under that Act as having been elected to be a member of that Parliament,

(IV) a judge of a court established under th ke law of the State,

(V) a person who is the holder of a qualifying office within the meaning of Part IV of the Ministerial and Parliamentary Offices Act 1938,

(VI) the President of Ireland.

(b) This subsection shall not effect the transfer to the Minister of functions of the Minister for Finance consisting of the superannuation or remuneration of members, members of boards, or members of staff of a body to which section 21 applies.

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.

(4) The functions of the Minister for Finance in relation to each of the following bodies are transferred to the Minister:

(a) the Commissioners of Public Works in Ireland;

(b) the Commission for Public Service Appointments;

(c) the Public Appointments Service;

(d) the Commissioner of Valuation;

(e) the State Laboratory.

10. Functions in relation to further modernisation and development of public service.

10.— (1) It shall be a function of the Minister to—

(a) formulate and develop, in consultation with other Ministers of the Government and public service bodies, the policies required to further modernise and develop the public service and enable the efficient and effective provision of services by public service bodies,

(b) make proposals to the Government for the implementation of such policies,

(c) coordinate the implementation of such policies determined by the Government as are designed to effect further modernisation and development of the public service,

(d) conduct regular and periodic reviews of the implementation of such policies and to report thereon to the Government,

(e) promote value for money in the provision of public services,

(f) formulate and develop policies in relation to the procurement of goods and services (including services consisting of the carrying out of works) by Departments of State or other public service bodies, and

(g) develop procedural frameworks for the procurement of goods and services (including services consisting of the carrying out of works) by Departments of State or other public service bodies.

(2) In this section “public service body” does not include a body specified in Schedule 1 or a subsidiary (within the meaning of section 155 of the Act of 1963) of such a body.

11. Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

12. Pending legal proceedings.

12.— Where, immediately before the appointed day, any legal proceedings are pending to which the Minister for Finance is a party and the proceedings have reference to functions transferred by this Act, the name of the Minister shall, to the extent that they have such reference, be substituted for the Minister for Finance in those proceedings and the proceedings shall not abate by reason of such substitution.

13. Completion of certain matters commenced before appointed day.

13.— Anything commenced but not completed before the appointed day by or under the authority of the Minister for Finance may, in so far as it relates to a function transferred by this Act, be carried on and completed by the Minister.

14. Operation of certain instruments made before appointed day.

14.— Every instrument (including any certificate or licence) granted or made in the performance of a function transferred by this Act shall, if and in so far as it was operative immediately before the appointed day, continue to have effect from the appointed day as if it had been granted or made by the Minister.

15. Construction of references.

15.— (1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

(2) References to the Minister for Finance contained in the memorandum or articles of association of any company in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

16. Transfer of property, etc. to Minister.

16.— (1) All property, rights and liabilities held, enjoyed or incurred before the appointed day by the Minister for Finance in connection with any function transferred by this Act shall be and are hereby transferred to the Minister and, accordingly, without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, from the appointed day, vest in the Minister,

(b) the said rights shall, from the appointed day, be enjoyed by the Minister, and

(c) the said liabilities shall, from the appointed day, be the liabilities of the Minister.

(2) All moneys, stocks, shares and securities transferred to the Minister by this section that, on the appointed day, stand in the name of the Minister for Finance shall, upon the request of the Minister, be transferred into his or her name.

(3) The Minister shall not, without the consent of the Minister for Finance, make a decision in relation to—

(a) the disposal of State land (within the meaning of the State Property Act 1954) or any other property that immediately before such disposal was owned by a Minister of the Government or the Commissioners of Public Works in Ireland, where the value of the land or property exceeds €50 million,

(b) the application or expenditure of the proceeds of any such disposal, where such proceeds exceed €50 million, or

(c) the application or expenditure of the proceeds of the disposal of any other property (either real or personal), where such proceeds exceed €50 million.

(4) (a) Any shares or stock issued to the Minister for Finance by a public service body and registered in his or her name or held in trust on his or her behalf by any person, in accordance with a relevant enactment, shall on the appointed day, stand transferred to the Minister or be held in trust on behalf of the Minister, as may be appropriate, and from that day references in a relevant enactment to the Minister for Finance shall be construed as references to the Minister.

(b) This subsection shall apply notwithstanding any restriction contained in any enactment in relation to the transfer or alienation of shares or stock to which a relevant enactment applies.

(c) In this subsection—

“Act of 2004” means the State Airports Act 2004;

“relevant enactment” means—

(i) section 5 (amended by sections 6 and 14 of theMinerals Company Act 1945) or 15 of the Minerals Exploration and Development Company Act 1941,

(ii) section 16 of the Act of 1945,

(iii) section 7B (inserted by section 16 of the Energy (Miscellaneous Provisions) Act 2006) of the Act of 1976,

(iv) section 19 of the Act of 1983,

(v) section 17 or 22 of the Act of 1988,

(vi) section 19 or 24 of the Act of 1993,

(vii) section 19 of the Act of 1996,

(viii) section 14 or 15 of the Act of 1998,

(ix) section 10 or 11 (amended by section 6(4) of, and the Schedule to, the Act of 2004) of the Air Navigation and Transport (Amendment) Act 1998,

(x) section 2 (amended by section 21 of the Energy (Miscellaneous Provisions) Act 2006) of the Electricity (Supply) (Amendment) Act 2001,

(xi) section 10 of the Act of 2004, or

(xii) Regulation 40 or 45 of the European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000).

16A. F2[Control of terms and conditions of public servants

16A.(1) Where—

(a) the Minister has approved a term or condition as being a term or condition that shall apply for the time being in respect of the employment of a class or category of public servant (whether that approval takes the form of an approval as such, any other form of sanction or the giving of consent by the Minister to a decision of another person in the matter), and

(b) a contract of employment in respect of a public servant falling within that class or category is entered into that contains a term or condition that corresponds or is equivalent to the term or condition standing so approved but which is more favourable to the public servant than that term or condition,