S.I. No. 165/2011 - Social Inclusion (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th April, 2011.

The Government, in exercise of the powers conferred on them by section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 (No. 36 of 1939), hereby order as follows:

1. (1) This Order may be cited as the Social Inclusion (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

(2) This Order comes into operation on 1 May 2011.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social Protection.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Social Protection.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs in relation to—

(a) co-ordinating the implementation of Government strategies for social inclusion through the monitoring and reporting mechanisms provided for in the National Action Plan for Social Inclusion, the National Development Plan and Towards 2016, the 10-year Framework Social Partnership Agreement, 2006-2015,

(b) promoting the incorporation of anti-poverty and social inclusion objectives in public policy development and promoting the implementation of poverty impact assessment,

(c) analysing the impact and effectiveness of public policy on poverty and social exclusion,

(d) promoting the development of data strategies and research to inform anti-poverty and social inclusion policies and practice and facilitating improved monitoring of outcomes,

(e) monitoring and reporting on poverty trends at national and European levels and participating in the social inclusion work of the European Union, Council of Europe and the Organisation for Economic Co-operation and Development (OECD), as appropriate,

(f) developing appropriate mechanisms to promote the participation of people experiencing poverty and social exclusion and those who work with them in policy development and its implementation, and

(g) promoting co-operation on social inclusion issues between the State and other jurisdictions, in particular, Northern Ireland,

are transferred to the Minister for Social Protection.

(2) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Social Protection.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Community, Equality and Gaeltacht Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for Social Protection, the name of the Minister for Social Protection shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Community, Equality and Gaeltacht Affairs or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Community, Equality and Gaeltacht Affairs may, in so far as it relates to functions transferred by this Order to the Minister for Social Protection, be carried on or completed on or after such commencement by the Minister for Social Protection.

6. Every document (including any certificate or licence) granted or made in the performance of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect from such commencement as if it had been granted or made by the Minister for Social Protection.

7. References to the Minister for Community, Equality and Gaeltacht Affairs contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Social Protection.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Community, Equality and Gaeltacht Affairs in connection with the functions transferred by this Order are transferred to the Minister for Social Protection and, accordingly, without any further conveyance, transfer or assignment, on such commencement—

(a) that property, real and personal, vests in the Minister for Social Protection,

(b) those rights shall be enjoyed by the Minister for Social Protection, and

(c) those liabilities are liabilities of the Minister for Social Protection.

(2) All moneys, stocks, shares and securities transferred to the Minister for Social Protection by this Article which, on the commencement of this Order, are standing in the name of the Minister for Community, Equality and Gaeltacht Affairs shall on the request of the Minister for Social Protection be transferred into the name of the Minister for Social Protection.

GIVEN under the Official Seal of the Government,

5 April 2011.

ENDA KENNY,

Taoiseach.