Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 32:

In page 35, subsection (1), line 23, after “to” where it firstly occurs to insert “the Board of”.

We accepted the Minister's amendment to section 46 to substitute "chairperson" in favour of "chief executive officer". I hope that the same spirit will apply now. With regard to the board and chairperson, section 47(1) is unclear on the power of the Minister to give direction to the agency. It states:

Notwithstanding sections 41 and 44 and directions issued under those sections, the Minister may give an additional direction in writing to the Agency for any purpose relating to this Act and concerning--

I seek certainty. The Minister has acknowledged that "chief executive officer" was wrong in subsection (8), line 13. We have now agreed unanimously to substitute "chairperson". In this instance, we need clarity and certainty. Our proposition is that section 47(1) requires the insertion of " the Board of". In other words, the Minister may give an additional direction in writing to the board of the agency for any purpose relating to the Act. It is important because it is about the line of authority, line management and the line of communication. It is most certainly a case of the Minister to the board and the chief executive to the board, not the Minister to the chief executive. It is important in this instance that we make it clear that the Minister's engagement with the agency is with the board of the agency and with Ms Gibbons as the chairperson designate to the board. I commend the amendment to the Minister.