Dáil Éireann Debate, Tuesday - 18 November 2025
388. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he has considered the introduction of a sunset clause mechanism for certain statutory bodies to ensure periodic review of relevance and performance; and if he will make a statement on the matter. [63587/25]
View answerThe effectiveness and efficiency of delivering public services through public bodies is a key concern of Government. It is of the utmost importance that the structural organisation of all the public bodies that make up the State are managed to provide value for money and that statutory public bodies are wound down if they have delivered their public good or if their services are better delivered by another entity.
As the Deputy may be aware, the establishing legislation for a statutory body defines the functions, structure, board composition and powers of the body being established and is therefore unique to the body.
In drafting the specific establishing legislation for the statutory body, consideration can be given to organisational longevity. For example, the Institutional Burials Act 2022 Act establishing the Office of the Director of Authorised Intervention para 9(1)(a) requires the relevant Minister to specify the “period of time for which the office shall continue in operation”, para 9(2) of that Act provides for the relevant Minister to consider the appropriateness of extending the period of operation of the Office and para 98 of the Act provides for the dissolution of the Office.
However nearly all of the 255 non-commercial agencies on the CSO's 2024 Register of Public Sector Bodies under the aegis of Departments exist to meet an ongoing public need and do not require a statutory sunset clause mechanism in their establishing legislation. These bodies consist of hospitals, education training boards, museums, third level institutions and health sector regulators among others. It should also be noted that Government does wind down organisations that have substantially delivered their public good such as the National Asset Management Agency which is in the process of being wound down itself.
Furthermore, in accordance with The Code of Practice for the Governance of State Bodies, each Department must carry out a timely Periodical Critical Review (PCR) of the performance and governance of State bodies under their ambit. A key focus of the PCR is to ensure the continued relevance and role of the body, having regard to ongoing changes in the external environment, Government objectives and other factors, and where the role of the body remains relevant, the review provides an opportunity for an external assessment to consider whether performance can be improved.
