APPENDIX 2 MINISTERIAL POWERS (DELEGATION) DECREE
[August 25th, 1921]
During the continuance of the present war, and any temporary suspension thereof, the following provisions shall have effect:—
1. The several Departments specified in the schedule hereto may from time to time by Orders to be signed by the Minister delegate all or any of the powers of the Department (to be specified in such order) within the area of any County or County Borough to an “Administrative Committee” constituted as hereinafter set forth.
(provided that the exercise of such powers by such Committee shall at all times be subject to the control of the Minister and any powers so delegated may at any time be withdrawn.)
2. There shall be an “Administrative Committee” in each County and Borough. The Committee as a whole shall have collective responsibility for all powers delegated to it, but in the case of the powers delegated by each Department, some one member of the Committee, shall have charge of and accept respective responsibility for the exercise of such powers, provided, however, that, if thought fit, the same member may have charge of the powers delegated by the Departments of:
(c) Trade and Commerce
or any two of them.
3. An “Administrative Committee” shall consist of a Chairman, the members of Dáil Éireann resident in the County or County Borough as the case may be and not more than four other persons (who need not be members of the County or Borough Council) appointed by the County or Borough Council. The Committee may appoint a Secretary to be approved of by the Department of Local Government and may employ any necessary officers and may delegate all or any of the powers which have been delegated to the Committee to any person or persons approved of by the County or Borough Council.
4. Where (a) A County or Borough Council shall, for one month, after having been duly requested in writing by the Ministry or Department so to do, refuse or neglect to appoint an “Administrative Committee” then the Ministry may appoint such Committee.
(b) A Committee after appointment shall fail to function to the satisfaction of the Ministry then the Ministry may appoint a new “Administrative Committee” to replace the Committee, so failing to function; and the provisions of this Decree shall apply to such appointments as if the Ministry were for the purpose of this Decree substituted for such County or Borough Council so neglecting or refusing as aforesaid.
5. Where, owing to circumstances arising out of the present war, it is in the opinion of the Chairman of the Council difficult or impracticable for a County or Borough Council to appoint such Committee, then either the Ministry may make such appointment or may delegate the making of the same to be made by the Chairman after consultation with such members of the Council as he shall think fit. An “Administrative Committee” so appointed shall have the same powers as if it had been appointed by the Council. Casual vacancies in a Committee so appointed may be filled by the Chairman of the Council.
6. Chairmen and members of “Administrative Committees” shall not be called upon to hold any other office or fulfil any other public duties which would prevent or interfere with their acting as members of such Committee.
7. An “Administrative Committee” shall hold office for twelve months from the date of appointment. Casual vacancies may be filled by the Committee of Borough Council but where it shall be difficult or impracticable for the Council to make such appointments, or the Council shall neglect for one month so to do, then a person may be temporarily appointed a member of such Committee by the Ministry until the vacancy can be filled by the County or Borough Council.
8. “The Ministry” shall mean the Ministry of Dáil Éireann.
“The Minister” shall in each case mean the Minister who is head of his Department.
“The Department” shall in each case mean the Department concerned.
(1) Home Affairs (including Judiciary, Police and Emigration).
(2) Local Government.
(3) Agriculture (including Food Supplies).
(4) Labour (including all matters concerned with the boycott of Belfast and English goods).
(5) Trade and Commerce.