Department of State (Ireland)

A Department of State (Irish: Roinn Stáit) of Ireland is a department or ministry of the Government of Ireland. The head of such a department is called a Minister of the Government; prior to 1977 such ministers were called Ministers of State, a term now used for junior (non-cabinet) ministers.[1] Most members of the government are Ministers of the Government, though there may occasionally be a minister without portfolio. The law regarding the departments of state and ministers of the government is based in the Constitution of Ireland, primarily in Article 28, with legislative detail in the Ministers and Secretaries Acts 1924 to 2017.

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Overview

There are seventeen individual departments of state in the Irish Government. Each department is led by a Minister of the Government, who is appointed by the President on the nomination of the Taoiseach and approval of Dáil Éireann, and cover matters that require direct political oversight. For all departments, the Minister in question is known as Minister for … and is a member of the Cabinet; a cabinet-level minister without a department is called a minister without portfolio though the only permanent appointment on this basis was during The Emergency, between 1939 and 1945. A Minister of the Government is usually supported by a one or more Ministers of State, also known as junior ministers, and may delegate powers to such officials in accordance with law.

Under the terms of the Constitution, there may be no fewer than seven, and no more than fifteen members of the cabinet, though ministers are permitted by law to be responsible for more than one department. At present, Paschal Donohoe is Minister for Finance and Minister for Public Expenditure and Reform, while Leo Varadkar is Taoiseach and Minister for Defence.

The Minister of the Government has the power to suggest and propose new or amended legislation to the Government relating to matters that arise in their own department. Ministers are also entitled to make statutory instruments, also known as delegated or secondary legislation. Statutory instruments allow the minister to give effect to or implement legislation without the need to have every detail passed by the Oireachtas. Statutory instruments do not have to be approved by the Oireachtas, although they may be cancelled by either the Dáil or the Seanad and may not supplant the role of primary legislation.

Each department of state has a permanent staff that remains in office regardless of changes in government or the Oireachtas. The departments' staff are described as the civil service. The administrative management of the department is led by a senior civil servant known as a secretary-general. These officials advise and assist the minister in the running of the department.

The names and functions of the separate departments of states have in some cases changed significantly from their creation. The transfer of functions between departments usually occurs after a general election, but may also be instigated by a new Taoiseach or at any stage of a cabinet reshuffle. The Department of Public Expenditure and Reform has created guidelines of best practice for the management of these transfers.[2]

List of departments of state
See also: Disused titles of Departments of State (Ireland)

Current departments of state, listed under their present title.

Department of State Creation Incumbent Minister Ministerial Office
Agriculture and Marine 1919 Barry Cowen Agriculture and Marine
Defence 1919 Simon Coveney Defence
Finance 1919 Paschal Donohoe Finance
Foreign Affairs 1919 Simon Coveney Foreign Affairs
Enterprise, Trade and Employment 1919 Leo Varadkar Enterprise, Trade and Employment
Housing, Local Government and Heritage 1919 Darragh O'Brien Housing, Local Government and Heritage
Justice 1919 Helen McEntee Justice
Education 1921 Norma Foley Education
Climate Action, Communication Networks and Transport 1921 Eamon Ryan Climate Action, Communication Networks and Transport
Taoiseach 1937 Micheál Martin Taoiseach
Health 1947 Stephen Donnelly Health
Social Protection, Community and Rural Development and the Islands 1947 Heather Humphreys Social Protection, Community and Rural Development and the Islands
Department of Children, Disability, Equality and Integration 1956 Roderic O'Gorman Children, Disability, Equality and Integration
Media, Tourism, Art, Culture, Sports and the Gaeltacht 1977 Catherine Martin Media, Tourism, Art, Culture, Sports and the Gaeltacht
Public Expenditure and Reform 2011 Michael McGrath Public Expenditure and Reform
Higher Education, Innovation and Research 2017 Simon Harris Higher Education, Innovation and Research

Past Departments of state, listed under their final title

Department of state Operation Functions transferred to
Department of Posts and Telegraphs 1922–1984 Department of Communications
Department of Supplies 1939–1945 Department of Industry and Commerce
Department of Labour 1966–1993 Department of Enterprise and Employment
Department of the Public Service 1973–1987 Department of Finance
Department of Communications 1984–1991 Department of Tourism, Transport and Communications
Department of Equality and Law Reform 1993–1997 Department of Justice, Equality and Law Reform

References
  1. Item 18, Schedule to the Interpretation Act, 1937, as amended by section 4 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977
  2. "Transfer of Functions: Guidelines and Best Practice Handbook". Government of Ireland. 25 April 2016. Retrieved 10 September 2019.
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