Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I will address amendments Nos. 108, 109, 111, 114 and 115, as jointly tabled by Deputies Ó Broin and Gould. I will also deal with amendment No. 110 tabled by Deputies Richard Boyd Barrett, Gino Kenny, Paul Murphy, Bríd Smith and Mick Barry and amendment No. 112 tabled by Deputy Duncan Smith.

Amendments Nos. 108 to 111, inclusive, seek to include additional provisions in section 15 regarding the experience or qualifications of persons to be appointed as directors of the board in respect of experience in land management, land economics, sustainable land use, delivery of housing, public and affordable housing and homelessness services and homeless prevention. I am opposing these amendments as I believe that this section as drafted has sufficient provisions to cover what is intended by these proposals. As currently drafted, subsection 6 provides that the Minister will appoint to the board persons with "satisfactory experience, competence or qualifications in relation to construction, delivery of housing, which may include delivery of social and affordable housing, finance, and corporate governance." I believe the current text is sufficiently broad to encompass the criteria proposed and does not require amending. Additionally, both the code of practice for the governance of State bodies and the guidelines on appointments to State boards advise that the chair of the board should be consulted with to determine skills that are required for new board members. In addition, the programme for Government provides that the LDA board should include a cross spectrum of housing, financial, governance and other independent experts needed to fulfil its remit and I am fully committed to ensuring that this happens.

Amendment No. 112 seeks to insert a new provision after subsection 6 to provide that among the board there would be at least one person who is a director or employee of a registered charity engaged in the delivery of social and affordable housing and one person who is a nominee of the General Council of County Councils and the Association of Municipal Authorities of Ireland, acting jointly. I am opposing this amendment as it is not usual practice for commercial State boards to be obliged under legislation to have nominees from specific sectors to be appointed to the board. The process for the appointment of board members will be open and transparent carried out through normal State boards procedures and it will be open for representatives of these bodies to put their names forward for consideration. Additionally, both the code of practice for the governance of State bodies and the guidelines on appointments to State boards advise that the chair of the board should be consulted with to determine skills that are required for new board members.

Amendment No. 113 seeks to insert further text into subsection 7, which provides for the Minister to endeavour to ensure the board has an equitable balance of men and women. I am opposing this amendment as I believe that the State board appointments process adequately covers the need to ensure diversity on all State boards. Both the code of practice for the governance of State bodies and the guidelines on appointments to State boards advise that the diversity of existing board members should be considered when approving new appointments to a State board. This includes all forms of diversity, including gender and racial diversity. As a consideration of diversity is explicitly stated in both sets of guidelines that will apply to the LDA, it is not necessary for a provision for diversity on the board to be included in the legislation. I am committed to ensuring that there will be an equitable balance of women and men on the LDA board.

Amendment No. 114 seeks to amend section 15 by inserting a new subsection to provide that members of the board shall self-declare if they have any conflicting financial interests relating to the usage of land for social and affordable housing. I am opposing this amendment as this is already covered by the code of practice for the governance of State bodies, which provides that the boards of all State bodies should should have procedures in place to monitor and manage potential conflicts of interest of board members and management. The code of practice will apply to the board of the LDA. I do not consider it necessary to put an additional provision into this legislation as it is already adequately covered by the code.

Amendment No. 115 seeks to amend section 15 by inserting a new subsection to provide that the Minister shall lay a report on the appointment of the board before the Houses of the Oireachtas and the relevant Oireachtas committee. I am opposing this amendment as I do not consider it necessary. It will be the case that all appointments to the board of the LDA will be carried out through the State boards process. This is in line with the code of practice for the governance of State boards. As standard, the Public Appointments Service will run all LDA board competitions in partnership with the New Economy and Recovery Authority, NewERA, and shortlisted candidates will be presented to the Minister for consideration. Furthermore, details of all board appointments for the LDA and indeed other State bodies are publicly available on stateboards.ieand will also be available on the LDA's website.