Transfer and Delegation of Ministerial and Departmental Functions to Minister Donohoe

The government has today (4 July 2023) approved Orders to bring into effect the transfer of responsibility for functions, relating to ethics legislation and the Standards in Public Office Commission, to the Minister for Public Expenditure, NDP Delivery and Reform.

The functions transferred to the Minister for Public Expenditure, NDP Delivery and Reform include functions under the:

• Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 (known as the Ethics Acts)
• Regulation of Lobbying Act 2015 and the Regulation of Lobbying (Amendment) Act 2022
• Ministerial and Parliamentary Offices Act 1938, as amended
• Electoral Act 1997, as amended

With this transfer of functions, Minister Donohoe takes on policy responsibility for the Ethics in Public Office Act 1995, the Standards in Public Office Act 2001, the Regulation of Lobbying Act 2015, as amended and the Ministerial and Parliamentary Offices Act 1938, as amended with effect from 5 July 2023.

On 18 January 2023 the Taoiseach set out in Dáil Éireann that, following the Minister for Public Expenditure, National Development Plan Delivery and Reform’s recusal of the functions, responsibility for ethics legislation and the Standards in Public Office Commission or SIPO would transfer from the Minister for Public Expenditure, National Development Plan Delivery and Reform to the Minister of Finance. The relevant functions were those in the following pieces of legislation:

• the Ethics in Public Office Act 1995 and the Standards of Public Office Act 2001 (known as the Ethics Acts)
• Part 15 of the Local Government Act 2001
• the Regulation of Lobbying Act 2015 and the Regulation of Lobbying (Amendment) Act 2022
• the Oireachtas (Ministerial and Parliamentary Offices) Acts
• the Electoral Act 1997, as amended

On 28 February 2023, Government approved SI No. 89 of 2023, Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 and SI No. 88 of 2023, Public Expenditure, National Development Plan Delivery and Reform (Delegation of Ministerial Functions) Order 2023 which gave effect to the transfer of functions with effect from 1 March 2023.

On 12 June 2023, the Taoiseach instructed that, given the conclusion of the Standards in Public Office Commission process relating to Minister Paschal Donohoe, there was no further need for the recusal of the functions relating to SIPO by the Minister for Public Expenditure, NDP Delivery and Reform and that responsibility for ethics legislation and SIPO should revert from the Minister for Finance to the Minister for Public Expenditure, NDP Delivery and Reform.

The Taoiseach’s instruction will be given effect by the Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) (No.2) Order 2023 and the Public Expenditure, National Development Plan Delivery and Reform (Delegation of Ministerial Functions) (Revocation) Order 2023. The Orders were approved by Government on 4 July 2023 and will come into effect on 5 July 2023.