This Bill provides for the establishment of a Department of Supplies and for certain amendments in the Ministers and Secretaries Acts, 1924 and 1928, which experience has shown to be desirable. The 8th September, 1939, is the date upon which the appointment of a Minister for Supplies was made by the Government.
The new Department has, of course, been set up to meet emergency conditions, and while it may accordingly be regarded as in the nature of a temporary organisation, it will be necessary to have regard to the fact that the Minister for Supplies may find it necessary to enter into contracts and to appear as plaintiff or defendant in the courts. It is desirable, therefore, that the Minister should be established as a corporation sole, with the capacity to sue and be sued in a like manner as other Ministers in charge of Departments of State. Incorporation implies, in law, perpetual succession, and the Government are advised that the establishment of a purely temporary body as a corporation sole would be open to objection on legal grounds. To put a term on the life of the Department in the Bill would leave the liability in law of the Minister and his servants obscure. It is for this reason that the Bill has not been framed on the basis of establishing a temporary Department, and specific amending legislation to wind up the Department and to provide for matters in the nature of commitments, etc., arising out of its activities, will, in due course, be required.
The Bill provides for various other matters not of a temporary nature, including, in particular, the office of Minister without portfolio, the transfer of Departments of State to and from Ministers, the arrangements to be made for the administration of Departments during the temporary inability of Ministers, the right of audience of Parliamentary Secretaries in the Houses of the Oireachtas, and the extension of the existing powers of delegation to Parliamentary Secretaries so as to include powers and duties of a statutory kind.
The Bill repeals Sections 11 and 12 of the Act of 1924 and Section 4 of the Act of 1928, and provides in more suitable form for the powers of the Government under these sections, which relate generally to transfers of what may be termed subordinate functions of Departments, and to changes in the titles of Ministers and Departments. It also gives covering statutory authority to the changes in the names of certain Ministers and Departments which were adopted on the coming into operation of the new Constitution.
It is hardly necessary to deal in detail at this stage with the proposals, which are really self-explanatory.