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Ministers and Secretaries Acts
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Ministers and Secretaries Acts
The Ministers and Secretaries Acts 1924 to 2020 is the legislation which governs the appointment of ministers to the Government of Ireland and the allocation of functions between departments of state. It is subject in particular to the provisions of Article 28 of the Constitution of Ireland. The Acts allow for the appointment of between 7 and 15 Ministers of Government across 17 Departments, and for the appointment of up to 20 junior ministers, titled Ministers of State, to assist the Ministers of Government in their powers and duties.
The principal act is the Ministers and Secretaries Act 1924 and was one of the key statutes enacted by the Irish Free State. The Constitution of the Irish Free State in 1922 had provided for the formation of a cabinet called the Executive Council. The 1924 Act formally defined the government departments that were to exist in the Free State, created their titles and outlined their responsibilities. The Act has been amended and affected by subsequent legislation which may be cited together and construed as one Act. The names and functions of departments have changed frequently by secondary legislation. Although the secretaries created by the 1924 Act were later replaced by ministers of state, as amendments to the principal Act, subsequent legislation changing the structures of government departments have continued to use the title Ministers and Secretaries Act.
From 1801 to 1922, Ireland had been governed as part of the United Kingdom. The legal government of Ireland was an executive and Privy Council of Ireland under the British Lord Lieutenant of Ireland; in practice, the Dublin Castle administration was run by the Chief Secretary for Ireland.
After the 1918 general election, MPs elected for Sinn Féin established the extrajudicial Dáil Éireann (House of Assembly) in January 1919 and made a unilateral declaration of independence of the Irish Republic. This operated without external recognition under the terms of the Dáil Constitution. Its executive, the Ministry of Dáil Éireann, was headed by the President of Dáil Éireann. In January 1922, a majority of the Dáil accepted the terms of the Anglo-Irish Treaty which agreed the terms of the independence of the Irish Free State from the United Kingdom.
In January 1922, a Provisional Government of Ireland was formed, approved by the members elected for the House of Commons of Southern Ireland in accordance with the provisions of the Treaty. By Order in Council under the Irish Free State (Agreement) Act 1922, the British Government formally transferred powers to the Provisional Government on 1 April 1922.
On 6 December 1922, under the Treaty's provisions, the new Constitution of the Irish Free State, having been enacted separately by the Third Dáil, sitting as a constituent assembly, and the Parliament of the United Kingdom, came into force through a proclamation issued by the King. Both the Dáil Ministry and the Provisional Government were replaced by the Executive Council, under the chairmanship of the President of the Executive Council. Initially its governmental offices were an amalgam of posts from the Lord Lieutenant's administration, the Provisional Government and the Dáil Ministry. For example, there was an Irish Postmaster General, a post that had existed in the Lord Lieutenant's administration, and a Minister for Home Affairs, an office created as part of the Dáil ministry.
In the Governor-General's Address to Dáil Éireann at the State Opening of the Oireachtas on 3 October 1923 the first indication was given that:
Amongst the measures to be submitted to you will be one providing for the organisation of the great departments of State, the distribution of their functions in a manner calculated to bring about greater efficiency in administration, and the regular Constitution of the Ministries charged with the administration of the various Departments of Government.
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Ministers and Secretaries Acts
The Ministers and Secretaries Acts 1924 to 2020 is the legislation which governs the appointment of ministers to the Government of Ireland and the allocation of functions between departments of state. It is subject in particular to the provisions of Article 28 of the Constitution of Ireland. The Acts allow for the appointment of between 7 and 15 Ministers of Government across 17 Departments, and for the appointment of up to 20 junior ministers, titled Ministers of State, to assist the Ministers of Government in their powers and duties.
The principal act is the Ministers and Secretaries Act 1924 and was one of the key statutes enacted by the Irish Free State. The Constitution of the Irish Free State in 1922 had provided for the formation of a cabinet called the Executive Council. The 1924 Act formally defined the government departments that were to exist in the Free State, created their titles and outlined their responsibilities. The Act has been amended and affected by subsequent legislation which may be cited together and construed as one Act. The names and functions of departments have changed frequently by secondary legislation. Although the secretaries created by the 1924 Act were later replaced by ministers of state, as amendments to the principal Act, subsequent legislation changing the structures of government departments have continued to use the title Ministers and Secretaries Act.
From 1801 to 1922, Ireland had been governed as part of the United Kingdom. The legal government of Ireland was an executive and Privy Council of Ireland under the British Lord Lieutenant of Ireland; in practice, the Dublin Castle administration was run by the Chief Secretary for Ireland.
After the 1918 general election, MPs elected for Sinn Féin established the extrajudicial Dáil Éireann (House of Assembly) in January 1919 and made a unilateral declaration of independence of the Irish Republic. This operated without external recognition under the terms of the Dáil Constitution. Its executive, the Ministry of Dáil Éireann, was headed by the President of Dáil Éireann. In January 1922, a majority of the Dáil accepted the terms of the Anglo-Irish Treaty which agreed the terms of the independence of the Irish Free State from the United Kingdom.
In January 1922, a Provisional Government of Ireland was formed, approved by the members elected for the House of Commons of Southern Ireland in accordance with the provisions of the Treaty. By Order in Council under the Irish Free State (Agreement) Act 1922, the British Government formally transferred powers to the Provisional Government on 1 April 1922.
On 6 December 1922, under the Treaty's provisions, the new Constitution of the Irish Free State, having been enacted separately by the Third Dáil, sitting as a constituent assembly, and the Parliament of the United Kingdom, came into force through a proclamation issued by the King. Both the Dáil Ministry and the Provisional Government were replaced by the Executive Council, under the chairmanship of the President of the Executive Council. Initially its governmental offices were an amalgam of posts from the Lord Lieutenant's administration, the Provisional Government and the Dáil Ministry. For example, there was an Irish Postmaster General, a post that had existed in the Lord Lieutenant's administration, and a Minister for Home Affairs, an office created as part of the Dáil ministry.
In the Governor-General's Address to Dáil Éireann at the State Opening of the Oireachtas on 3 October 1923 the first indication was given that:
Amongst the measures to be submitted to you will be one providing for the organisation of the great departments of State, the distribution of their functions in a manner calculated to bring about greater efficiency in administration, and the regular Constitution of the Ministries charged with the administration of the various Departments of Government.
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