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Delegation of powers and duties of Ministers of the Government to Ministers of State.
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2.—(1) It shall be lawful for the Government, by order made on the request of a Minister of the Government, to delegate to a Minister of State assigned to the Department of State of which the Minister of the Government has charge all the powers and duties of such Minister of the Government under any particular Act or any particular statutory power or duty of such Minister of the Government.
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(2) The following provisions shall apply and have effect in relation to a delegation to a Minister of State under this section, that is to say:—
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(a) the Government may at any time revoke the delegation either at the request of the Minister of the Government on whose request it was made or without any such request,
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(b) the delegation shall terminate on the happening of either or both of the following events, that is to say, the Minister of the Government on whose request such delegation was made ceasing (otherwise than by a resignation from office to which Article 28.11.1° of the Constitution refers) to be the Minister of the Government to whose powers and duties the delegation relates or the Minister of State to whom the delegation was made ceasing to be Minister of State assigned to the Department of State of which the said Minister of the Government has charge,
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(c) the delegation shall operate, so long as it continues in force, to confer on and vest in the Minister of State to whom it is made each of the statutory powers and duties delegated by the delegation,
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(d) every statutory power and duty delegated by the delegation shall be exercisable and performed by such Minister of State in his own name but subject to the general superintendence and control of the Minister of the Government on whose request it was made and subject to any conditions or restrictions stated in the delegation,
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(e) every statutory power or duty delegated by the delegation shall, notwithstanding the delegation, continue to be vested in the Minister of the Government on whose request the delegation was made but shall be so vested concurrently with such Minister of State and so as to be capable of being exercised or performed by either such Minister of the Government or such Minister of State, and
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(f) the delegation shall not remove or derogate from the responsibility of the Minister of the Government on whose request it was made to Dáil Éireann or as a member of the Government for the exercise or performance of the statutory powers and duties thereby delegated.
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