Ruairi Quinn (Dublin South East, Labour) | Oireachtas source

I move amendment No. 12:

In page 16, subsection (2), lines 29 and 30, to delete “A notice of intention to propose a resolution under subsection (1)” and substitute the following:
“Where an education and training board intends to propose a resolution to suspend the chief executive of that board for any of the reasons set out in subsection (1), a notice of intention to propose the resolution”.

Amendment Number 12 is a drafting amendment. Its purpose is to make clear that where an ETB intends to propose a resolution to suspend its chief executive, a notice of intention to propose that resolution must be served on the chief executive. Amendments Nos. 13 and 14 relate to the power to suspend and remove a chief executive. At present, a notice of intention to propose such a resolution requires the signatures of at least one third of education and training board members. The resolution must be approved of two thirds of members to be passed.

Given the pivotal role of a chief executive in the running of an education and training board and the effect such a process can have both on him or her and on the organisation generally, this procedure is not something to be entered into lightly. I have sought to keep the maximum number of members on an education and training board at a relatively modest level to ensure that the governance of the new bodies is workable. We will return to this matter later. As a result, it is sufficient for a notice to suspend to be considered if a mere six members approve of it. Having reflected on this, in my judgment it is too low a threshold. I am therefore proposing to increase this threshold to half the members or nine people. Regarding the threshold to have the resolution passed, I have looked again at the local government model from which this is drawn. In the corresponding provision for county managers, the threshold required is three quarters rather than two thirds. I am proposing to amend this provision to bring it into line with that position.

These provisions set the thresholds which, once reached, trigger consideration of suspension of a chief executive and the initiation of a disciplinary process. The levels set for them must be reasonable having regard to the need to have a consensus among board members as to the seriousness of the matter before them. I believe that the revised thresholds achieve this. If there is any change in the composition of the total numbers, we might have to revisit this. I put the members on notice about that because I am aware it is a matter of concern for people. However, in the context of 18 members, I propose that members accept these new threshold levels.