James Reilly (Dublin North, Fine Gael) | Oireachtas source

Under section 16K, the Bill currently provides that in the extended absence of a DG or if the office of DG is vacant, the functions of the DG may be performed for such period not exceeding six months by an appointed director, that is, a member of the directorate designated by the Minister. However, on further reflection, there is a need to address absences by the DG that are not extended absences and it is important that even a short absence by the DG should not leave the executive without someone who could clearly and authoritatively exercise the important functions of the DG. Given this proposed change to cover short absences, from an operational and practical perspective, the DG is better placed to designate someone to act in his or her absence. However, such designation is subject to the consent of the Minister. For completeness, when the DG returns to duty, the designated director automatically ceases to perform the functions of the DG.

In the different scenario of a vacancy in the office of the DG, the amendment provides that the Minister will designate the appointed DG who will act in an interim capacity. The designation of an appointed director to act as DG in the event of a vacancy is temporary. Under section 16L(1), the Minister is required to take steps to fill the vacancy as soon as may be practicable. Amendment No. 13 is consequential. When the DG is not present or the office is vacant, the appointed director designated by the DG for the purpose of his or her absence or in the case of a vacancy, or the appointed director designated by the Minister, if any has been so designated, will, if present, chair meetings of the directorate.