Public Service Management Act, 1997
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Special Advisers. |
11.—(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 Tánaiste 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 | ||
(b) in the case of a Special Adviser to a Minister of State assigned to a Department or to a Scheduled Office, on the expiration of the assignment of the Minister of State to that Department or to that Scheduled Office. | ||
(5) The provisions of the Ethics in Public Office Act, 1995 , other than subsections (2) and (6)(a) of section 19, that apply in respect of a special adviser referred to in that section apply in respect of a Special Adviser appointed under this Act. |