S.I. No. 234/2025 - Cyber Security (Transfer of Departmental Administration and Ministerial Functions) Order 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd June, 2025.

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 Cyber Security (Transfer of Departmental Administration and Ministerial Functions) Order 2025.

(2) This Order comes into operation on 1 June 2025.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Justice.

(2) References to the Department of the Environment, Climate and Communications contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

3. (1) The functions vested in the Minister for the Environment, Climate and Communications –

(a) by or under the provisions of the Act specified in Part 1 of the Schedule, and

(b) under the Regulations specified in Part 2 of the Schedule,

are transferred to the Minister for Justice.

(2) References to the Minister for the Environment, Climate and Communications contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Justice.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for the Environment, Climate and Communications is a party and the proceedings have reference to functions transferred by this Order to the Minister for Justice, the name of the Minister for Justice 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 the Environment, Climate and Communications 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 the Environment, Climate and Communications may, in so far as it relates to a function transferred by this Order to the Minister for Justice, be carried on or completed from such commencement by the Minister for Justice.

6. Every document (including any certificate or licence) granted or made in the exercise 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 Justice.

7. References to the Minister for the Environment, Climate and Communications contained in the constitution 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 Justice.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for the Environment, Climate and Communications in connection with the functions transferred by this Order are transferred to the Minister for Justice and, accordingly, without any further conveyance, transfer or assignment, on such commencement –

(a) that property, both real and personal, vests in the Minister for Justice,

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

(c) those liabilities are liabilities of the Minister for Justice.

(2) All moneys, stocks, shares and securities transferred to the Minister for Justice by this Article which, on the commencement of this Order, are standing in the name of the Minister for the Environment, Climate and Communications shall, on the request of the Minister for Justice, be transferred into the name of the Minister for Justice.

SCHEDULE

Part 1

Article 3(1)(a)

Section 3 (insofar as it relates to the functions in sections 6 and 20), sections 6 and 7 and Part 3 of the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (No. 4 of 2023)

Part 2

Article 3(1)(b)

European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 ( S.I. No. 360 of 2018 )

Regulation 79 of the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 )

GIVEN under the Official Seal of the Government,

27 May, 2025.

MICHEÁL MARTIN,

Taoiseach.