Ministers and Secretaries Act 1924
Encyclopedia
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
. Two years earlier the Irish Free State Constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
had provided for the formation of a cabinet called the Executive Council
Executive Council of the Irish Free State
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, the role of the Executive Council was to "aid and advise" the Governor-General who would exercise the executive authority on behalf of the King...
. The Ministers and Secretaries Act, 1924 formally defined the government departments that were to exist in the Free State, created their titles and outlined their responsibilities. Though much of the Act has been repealed or amended, the Act is still seen as the foundation stone for the structures of modern Irish government.
Origins
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
of 1921, two governmental systems co-existed uneasily.
Lord Lieutenant's administration
The legal government of Ireland was an executive and Irish Privy CouncilPrivy Council of Ireland
The Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
under the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Lord Lieutenant of Ireland
Lord Lieutenant of Ireland
The Lord Lieutenant of Ireland was the British King's representative and head of the Irish executive during the Lordship of Ireland , the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...
but in reality run by the effective prime minister, the Chief Secretary for Ireland
Chief Secretary for Ireland
The Chief Secretary for Ireland was a key political office in the British administration in Ireland. Nominally subordinate to the Lord Lieutenant, from the late 18th century until the end of British rule he was effectively the government minister with responsibility for governing Ireland; usually...
.
In January 1922, the Lord Lieutenant's administration was replaced by the Provisional Government
Provisional Government of Southern Ireland
The provisional Government of Southern Ireland was the provisional government for the administration of Southern Ireland between 16 January 1922 and 6 December 1922. The government was effectively a transitional administration for the period between the ratifying of the Anglo-Irish Treaty and the...
, chosen by the House of Commons of Southern Ireland in accordance with the provisions of the Treaty and the earlier Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
.
The Irish Republic
Between 1919 and 1922, alongside and challenging the legal but unpopular British régime, a self declaredDeclaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
Irish Republic
Irish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
existed, having been chosen by the extrajudicial Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
(House of Assembly) made up of Irish MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
s elected in the 1918 general election. Its structures were laid out in its temporary constitution, the Dáil Constitution
Dáil Constitution
The Constitution of Dáil Éireann , more commonly known as the Dáil Constitution, was the constitution of the 1919–22 Irish Republic. It was adopted by the First Dáil at its first meeting on 21 January 1919 and theoretically remained in force for four years. As adopted it consisted of only five...
. Its executive, the Aireacht
Aireacht
The Aireacht or Ministry was the cabinet of the 1919–1922 Irish Republic. The Ministry was originally established by the Dáil Constitution adopted by the First Dáil in 1919, after it issued the Irish Declaration of Independence...
, was headed by the President of Dáil Éireann
President of Dáil Éireann
The President of Dáil Éireann was the leader of the revolutionary Irish Republic of 1919–1921. The office, also known as Príomh Aire , was created in the Dáil Constitution adopted by Dáil Éireann, the parliament of the Republic, at its first meeting in January 1919. This provided that the...
, who in August 1921 became President of the Republic
President of the Irish Republic
President of the Republic was the title given to the head of the Irish ministry or Aireacht in August 1921 by an amendment to the Dáil Constitution, which replaced the previous title, Príomh Aire or President of Dáil Éireann...
.
Enactment of the 1922 constitution
In December 1922, under the Treaty's provisions, the new constitution, having been enacted separately by the Third DáilThird Dáil
The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was:*the "provisional parliament" or "constituent assembly" of Southern Ireland from 9 August 1922 until 6 December 1922; and...
, sitting as a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
, and the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, came into force through a proclamation issued the King.
Both the Republican and Provisional governments were replaced by one legal government, the Executive Council, under the chairmanship of the President of the Executive Council
President of the Executive Council of the Irish Free State
The President of the Executive Council of the Irish Free State was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937...
. Initially its governmental offices were an amalgam of posts from the Lord Lieutenant's administration, the Provisional Government and the Aireacht. 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 Republican government.
Abolitions, creations and renamings
In the Governor-General's speech in the Dáil chamberDáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
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.
This was done in 1924, by means of the Ministers and Secretaries Act, by which the governmental structures that were intended to be a permanent feature of independent Irish government were regularised and defined. Some long-standing positions, like those of Postmaster-General and Solicitor-General, were abolished, as was the Ministry for Labour, a post created originally in the Dáil Constitution. Others, most notably another created in the days of the Republic, the Ministry of Home Affairs, underwent a name change, moving from the British-sounding name Home Affairs which had parallels with Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, to the more Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an-sounding Minister for Justice.
Structures created
The government departmentsDepartment of State (Ireland)
A Department of State of Ireland, is a department or ministry of the Government of Ireland. The head of such a department is a Minister of the Government , often called a 'cabinet minister' or 'government minister' which should not be confused with Minister of State which is a junior non-cabinet...
created were:
- Department of the President of the Executive CouncilDepartment of the TaoiseachThe Department of the Taoiseach is the government department of the Taoiseach of Ireland. It is based in Government Buildings, the headquarters of the Government of Ireland, on Merrion Street in Dublin....
(Departmental head: President of the Executive Council)
- Department of FinanceDepartment of Finance (Ireland)The Department of Finance is a department of the Government of Ireland. It is led by the Minister for Finance and is assisted by one Minister of State....
(Departmental head: Minister for Finance)
- Department of Justice (Departmental head: Minister for Justice)
- Department of Local Government and Public Health (Departmental head: Minister for Local Government and Public Health)
- Department of Education (Departmental head: Minister for Education)
- Department of Lands and Agriculture (Departmental head: Minister for Lands and Agriculture)
- Department of Industry and Commerce (Departmental head: Minister for Industry and Commerce)
- Department of Fisheries (Departmental head: Minister for Fisheries)
- Department of Posts and TelegraphsMinister for Posts and Telegraphs (Ireland)The Minister for Posts and Telegraphs was a senior post in the government of the Irish Free State and the Republic of Ireland from 1924 to 1984, when the post and the department was abolished....
(Departmental head: Minister for Posts and Telegraphs)
- Department of DefenceDepartment of Defence (Ireland)The Department of Defence is the department of the Government of Ireland that is responsible for preserving peace and security in Ireland and abroad...
(Departmental head: Minister for Defence)
- Department of External AffairsDepartment of Foreign Affairs (Ireland)The Department of Foreign Affairs and Trade is a department of the Government of Ireland that is responsible for promoting the interests of Ireland in the European Union and the wider world...
(Departmental head: Minister for External Affairs)
Other key parts of the Act
The Act created the post of Attorney-General of the Irish Free StateAttorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
. He was to take over
- the business, powers, authorities, duties and functions formerly vested in or exercised by the Attorney-General for IrelandAttorney-General for IrelandThe Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
, the Solicitor-General for IrelandSolicitor-General for IrelandThe Solicitor-General for Ireland was the holder of an Irish and then United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. At least one holder of the office, Patrick Barnewall played a significant role in...
, the Attorney-General for Southern Ireland, the Solicitor-General for Southern Ireland, the Law Adviser to the Lord Lieutenant of Ireland and any or all of them respectively….
The Act also created the post of Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
, a junior minister below cabinet rank.
It also created an official Seal for the Executive Council, and created a Council for Defence to aid and advise the Minister for Defence.
The Act provided for the existence of ministerial salaries for members of the Executive Council and Parliamentary Secretaries.
It also stated that all executive orders were to be published in the Irish state gazette, which was to be known as Iris Oifigiúil
Iris Oifigiúil
Iris Oifigiúil replaced the former Dublin Gazette on 31 January 1922 as the official newspaper of record of the Irish Free State, the state which has since become known as Ireland....
.
Enactment of the law
The Ministers and Secretaries Bill, 1924, which was proposed by the Cumann na nGaedheal Executive Council of W. T. Cosgrave, was passed by Dáil ÉireannDáil Éireann (Irish Free State)
Dáil Éireann served as the directly elected lower house of the Oireachtas of the Irish Free State from 1922 to 1937. The Free State constitution described the role of the house as that of a "Chamber of Deputies". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad...
and Seanad Éireann
Seanad Éireann (Irish Free State)
Seanad Éireann was the upper house of the Oireachtas of the Irish Free State from 1922–1936. It has also been known simply as the Senate, or as the First Seanad. The Senate was established under the 1922 Constitution of the Irish Free State but a number of constitutional amendments were...
before receiving the Royal Assent from the Governor-General
Governor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
, Timothy Michael Healy
Timothy Michael Healy
Timothy Michael Healy, KC , also known as Tim Healy, was an Irish nationalist politician, journalist, author, barrister and one of the most controversial Irish Members of Parliament in the House of Commons of the United Kingdom of Great Britain and Ireland...
.
Long-term impact of the Act
Though much of what it contained has been repealed or amended, the Act remains one of the most important pieces of statute law enacted by independent Ireland. The structures, with modification, as initially created in 1924 continue to the present. Ten of the eleven departments, with some changes in name and roles, continue in existence; only the Department of Posts and Telegraphs has been abolished, in 1984, with its role handed over to the semi-state companies An PostAn Post
An Post is the State-owned provider of postal services in the Republic of Ireland. An Post provides a universal postal service to all parts of the country as a member of the Universal Postal Union...
and Telecom Éireann
Telecom Éireann
Telecom Éireann, or formally Bord Telecom Éireann - The Irish Telecommunications Board, was created by the Postal & Telecommunications Services Act, 1983 from the Department of Posts and Telegraphs, Ireland, under the leadership of the Minister for Posts & Telegraphs...
— the latter was subsequently privatised and is now a private company called Eircom.
The Department of Industry and Commerce was increased in its role and renamed in 1995 while the Department of External Affairs was replaced by the Department of Foreign Affairs in 1972.
The Department of Local Government and Public Health ended up splitting in three to form the Department of Local Government (later called the Department of the Environment), the Department of Health and the Department of Social Welfare.
Part of the Department of Industry and Commerce was made into a separate Department of Labour in the mid 1960s, subsequently abolished in the late 1990s.
The post of Parliamentary Secretary was abolished in 1978 and replaced by a new, higher profile junior ministerial post called Minister of State
Minister of State
Minister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...
.
Through there are no secretaries to be covered by later Acts, in honour of the first Act all subsequent laws changing the structures of government departments have used the name the Ministers and Secretaries Act also.
Footnotes
- Governor-General Tim Healy, speaking from the throneSpeech from the ThroneA speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
at the opening of the OireachtasOireachtasThe Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
on 3 October 1924 - The department was previously known as the Ministry of Home Affairs in the Republic and between 1922 and 1924.
- This new department replaced the Department of Agriculture and Technical Drawing that had existed under the Lord Lieutenant originally under Sir Horace Plunkett at the start of the century.
- The Republic's Ministry of Labour, once held by Constance Markievicz was abolished and its responsibilities given to the new Department.
- This department and minister assumed the role of the Postmaster General of the United Kingdom in the jurisdiction of the Irish Free State. The office of Postmaster General of Ireland had been abolished in 1831 as a consequence of the Act of Union 1800Act of Union 1800The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
. - Section 6(1).