Wednesday, 9 March 2005

Questions (114)

Ruairí Quinn

Question:

154 Mr. Quinn asked the Tánaiste and Minister for Health and Children the practice in her Department relating to the identification for legal and administrative purposes of her Department as an entity separate and distinct from her own legal personality as Minister, indicating whether contracts or other legal rights or liabilities are entered into, accepted or enjoyed in the name of her Department rather than in her own name; if so, the nature of those contracts, rights and liabilities. [8170/05]

Written answers

Tánaiste and Minister for Health and Children (Ms Harney)

The Ministers and Secretaries Act, 1924 and the Public Service Management Act 1997, set out clearly the legal position of Government Ministers and Departments. Section 3 of the Public Service Management Act 1997 restates the responsibility of Ministers for the performance of functions which are assigned to their Department. Section 2(1) of the Act of 1924 provides that each Minister shall be a corporation sole and shall have perpetual succession and an official seal, and may sue and be sued, and may acquire, hold and dispose of land for the purposes of the functions, powers or duties of the Department of State of which she or he is head or of any branch thereof. Contracts and all other legal rights or liabilities are, therefore, either entered into, accepted or enjoyed in the name of the Minister or on behalf of the Minister.