Public Service Management Act, 1997
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act, unless the context otherwise requires—
“civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ;
num: 2
paragraphs: —(1) This Act shall apply to a Scheduled Office specified in column (1) of Part I of the Schedule at any reference number if, but only if, the person who holds the office specified in column 2 of Part I of the Schedule at that reference number consents thereto in writing, and any such consent shall be binding in respect of any subsequent holder of the office concerned.
num: 3
paragraphs: —A Minister of the Government having charge of a Department shall, in accordance with the Ministers and Secretaries Acts, 1924 to 1995, be responsible for the performance of functions that are assigned to the Department pursuant to any of those Acts.
num: 4
paragraphs: —(1) Except as otherwise directed by the Government or provided by or under any other Act, the Secretary General of a Department or Head of a Scheduled Office, as the case may be, shall, subject to the determination of matters of policy by the Minister of the Government having charge of the Department or Scheduled Office or by the Government, have the authority, responsibility and accountability for carrying out the following duties in respect of the Department or Scheduled Office:
num: 5
paragraphs: —(1) A statement referred to in this Act as a “strategy statement” shall—
num: 6
paragraphs: —Subject to section 12 , the Secretary General of a Department or the Head of a Scheduled Office shall, in accordance with directions issued from time to time by the Government, be accountable to the Minister of the Government having charge of the Department or Scheduled Office in carrying out the duties or functions referred to in section 4 .
num: 7
paragraphs: —Subject to any other Act but notwithstanding anything in this Act, the Minister of the Government having charge of a Department or a Scheduled Office may, in writing, give directions to the Secretary General of the Department or Head of the Scheduled Office in connection with the obligations of the Secretary or Head under sections 4 to 6 , other than section 4 (1)(h).
num: 8
paragraphs: —Nothing in this Act shall be construed as limiting the power of a Minister of the Government to delegate a function under any other Act.
num: 9
paragraphs: —(1) The assignment of the responsibility for the performance of functions to officers or to a grade or grades of officer of a Department or a Scheduled Office shall include a requirement, where deemed appropriate to the assignment, that the officer to whom the assignment is made shall—
(a) provide policy advice in relation to the subject-matter of the assignment and related matters,
(b) achieve the outputs specified in the assignment,
(c) assume responsibility for the statutory schemes or programmes specified in the assignment,
(d) assume responsibility for the delivery of quality services in respect of the area of the assignment,
num: 10
paragraphs: —The Secretary General of a Department or Head of a Scheduled Office or any other officer of the Department or Scheduled Office who is designated for the purposes of this section by the aforesaid Secretary General or Head and to whom the relevant responsibility for the performance of functions has been assigned, shall, when requested to do so in writing by a committee of either or both of the Houses of the Oireachtas authorised in that behalf to make the request in connection with the subject-matter before the committee, appear before the committee in relation to any strategy statement that has been laid before each House of the Oireachtas under section 5 (2) in respect of the Department or Scheduled Office.
num: 11
paragraphs: —(1) The Government may, by order, on the request of a Minister of the Government having charge of a Department, referred to subsequently in this section as “Minister”, appoint Special Advisers to the Minister or to a Minister of State who is assigned to that Department or to a Scheduled Office specified at reference numbers 1 or 6 of Part II of the Schedule :
Provided that the number of Special Advisers shall not—
(a) in the case of a Minister (other than the Taoiseach or the TÃ¡naiste or the leader of a political party registered in the Register of Political Parties), be greater than 2,
(b) in the case of a Minister of State who regularly attends meetings of the Government, be greater than 2, and
(c) in the case of any other Minister of State, be greater than one.
(2) A Special Adviser to a Minister or to a Minister of State, as the case may be, shall—
(a) assist the Minister or the Minister of State, as the case may be, by—
(i) providing advice,
(ii) monitoring, facilitating and securing the achievement of Government objectives that relate to the Department, as requested by the Minister or the Minister of State, as the case may be, and
(iii) performing such other functions as may be directed by the Minister or the Minister of State, as the case may be, that are not otherwise provided for in this Act and do not involve the exercise of any specific powers conferred on the Minister or the Minister of State, as the case may be, or any other office holder by or under any other Act, and
(b) be accountable to the Minister or the Minister of State, as the case may be, in the performance of those functions.
(3) The terms and conditions of employment of a Special Adviser shall be such as may be determined from time to time by the Minister for Finance.
(4) The term of office of a Special Adviser shall cease—
(a) in the case of a Special Adviser to the Minister, on the date on which the Minister ceases to hold the office by reference to which he or she is an office holder, or
num: 12
paragraphs: —(1) A Minister of the Government having charge of an office (being a Department or a Scheduled Office) may, jointly with a Minister of the Government having charge of another such office or other such offices after consultation with the Secretary General or Head of each Department or, as the case may be, Scheduled Office concerned, by order assign to one or more civil servants responsibility for the performance of functions in relation to matters that pertain to the offices aforesaid concerned as may be specified in the order or in any order made by those Ministers of the Government in substitution therefor.
(2) A function of the Minister of the Government under this section may be delegated to a Minister of State under section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 , only as respects other functions of that Minister of the Government standing delegated to that Minister of State under the said section 2.
(3) An assignment by Ministers of the Government under subsection (1) of responsibilities for the performance of functions shall be construed as reserving to those Ministers of the Government the right to perform those functions concurrently with the assignees.
(4) An order under subsection (1) shall specify the manner in which the civil servants to which the order relates shall be accountable for the carrying out of the responsibilities concerned and, where the Minister for Finance has agreed (which he or she is hereby authorised to do) that those responsibilities are to include functions pertaining to the utilisation of financial resources related to the carrying out of those responsibilities, the Minister for Finance may specify the manner in which the civil servants concerned shall be accountable for such utilisation.
(5) An order made by Ministers of the Government under subsection (1) shall specify the date when the assignment made thereby shall cease and may be amended or revoked by the Ministers of the Government before that date.
num: 13
paragraphs: —(1) The Government may by order declare any office specified at reference numbers 2 to 5 of column (2) of Part I of the Schedule to be a corporation sole for the purpose of the office specified in column (2) of the Schedule at that reference number.
(2) An office declared under subsection (1) to be a corporation sole shall have perpetual succession and an official seal (which shall be officially and judicially noticed) and may sue and be sued and may acquire, hold and dispose of land for the purposes of the office.
num: 14
paragraphs: —(1) This Act may be cited as the Public Service Management Act, 1997.
(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.