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Ministerial Functions

Dáil Éireann Debate, Wednesday - 22 June 2016

Wednesday, 22 June 2016

Questions (128)

Lisa Chambers

Question:

128. Deputy Lisa Chambers asked the Minister for Education and Skills the number of occasions in each of the years from 2011 to 2016 to date in which the powers vested in him or any other Minister in his Department were exercised without any express act of delegation by departmental officials of certain seniority and responsibility, as per the Carltona doctrine. [17468/16]

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Written answers

The Carltona doctrine arose from the case of Carltona Ltd. versus the Commissioner of Works in the United Kingdom. The key principle that was derived from the judgment is that acts of Government Departmental officials are synonymous with the actions of the minister who holds a seal of office for a particular Department.

The information requested by the Deputy is rather broad and not readily available and would take an inordinate amount of time and staff resources to research and compile. However, in the event the Deputy has a concern about a particular issue or decision concerning my Department, she should identify this and I will request officials at my Department to forward her the information.

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