Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 20:

In page 15, before section 9, to insert the following new section:11.--(1) The Government may, subject to this section, remove a member of the Authority from office, but only--

(a) where one or more of the grounds referred to in subsection (2) apply,
(b) subsections (3) to (6) have been complied with, and
(c) no appeal against the decision of the Government under subsection (6) has been made under subsection (7) within the period specified in that subsection or, where such an appeal has been made, the High Court has affirmed the decision,

and then, and only then, where a resolution is passed by both Houses of the Oireachtas calling for the member’s removal from office.
(2) The grounds referred to in subsection (1) are that, in the opinion of the Government, the member--

(a) has become incapable through ill health of effectively performing the functions of the office,
(b) has committed stated misbehaviour,
(c) has a conflict of interest of such significance that he or she should cease to hold the office, or
(d) is otherwise unfit to hold the office or unable to discharge its functions.

(3) Where the Government proposes to remove a member pursuant to subsection (1), they shall notify the following in writing of their proposal--

(a) the member concerned, and
(b) the body referred to in section 8(4) that nominated that member for appointment as a member of the Authority.

(4) A notification under subsection (3) shall include--

(a) a statement of the reasons for the proposal,
(b) a statement that the member concerned, and the body referred to in subsection (3)(b), may, within 30 working days of the sending of the notification or such other period as the Government, having regard to the requirements of natural justice, may specify, make representations in the prescribed manner to the Government as to why the member should not be removed from office, and
(c) a statement that, where no representations are received within the period specified under paragraph (b), the Government will, without further notice, proceed with the removal of the member from office in accordance with this section.

(5) In considering whether to remove a member from office, the Government shall take into account--

(a) any representations made pursuant to subsection (4)(b), and
(b) any other matter that the Government consider relevant for the purpose of their decision.

(6) Where, having taken into account the matters referred to in subsection (5), the Government decide to remove the member from office, they shall notify the member, and the body referred to in subsection (3)(b), in writing of their decision and of the reasons for it.
(7) The member or, as the case may be, the body referred to in subsection (3)(b), may, within 30 working days of the sending of the notification under that subsection, appeal to the High Court against the decision of the Government.
(8) On hearing an appeal under subsection (7), the High Court may, as it thinks proper, either affirm or overturn the decision concerned.".

The proposed Government amendment No. 20 is a new section, the side note of which reads: "Removal of member of Authority." It can be described as another cornerstone of the independence-enhancing amendments being tabled today, in that it seeks to replace section 8(12) of the published Bill with a much more detailed provision, the intention of which is to address previously voiced concerns that the Government would have a free hand in the removal of members of the authority without fair process or external scrutiny. Again, I would emphasise that this is something that was never intended to occur.

Key aspects of the new section are the following: the requirement of an Oireachtas resolution confirming the Government's decision that a member of the authority ought to be removed for one or more of the reasons set out in subsection (2); the criteria for removal set out in subsection (2), which no longer include the Bill's controversial original text that the removal of the words "appears to be necessary for the effective performance of the functions of the Authority", but instead state that the person " is otherwise unfit to hold the office or unable to discharge its functions"; the right of reply of the person to be removed and his or her nominating body; and the additional safeguard of an appeal to the High Court by the person concerned or his or her nominating body.