Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

We are in danger of overly complicating matters. To some extent, this is a break with previous practice. In the Minister's opinion, board members must have knowledge and experience of matters relating to the interests of employees. That could be an employment lawyer who has occasionally represented workers but spent most of their life representing employers. That is a legitimate pursuit, but it would not necessarily be correct to suggest they would be a representative of workers' interests.

I do not accept the Minister's point about a board member having to act in the interests of the board. That is the case with any State board. Board members have fiduciary duties. That is the case for nominees to any board whether they are nominated by ICTU or the National Women's Council. Those organisations are in a position to nominate or propose people to be considered as board members but once a nominee goes onto a board, he or she has a fiduciary duty and responsibility to the company or organisation. That is not new. That has always been the way, and rightly so. It is not the case that they should be reporting back to ICTU about the positions they take. Once someone goes onto a board, his or her responsibility is to the board. The objective here is to ensure that somebody is appointed who has a very strong level of experience, understanding or perspective of the workers' movement and of workers' interests. Given the role the Irish Congress of Trade Unions has enjoyed in legislation, in social partnership and all the rest of it, this is a break with previous practice.

That we might find a representative of workers' interests other than the Irish Congress of Trade Unions is a new departure, a break from previous practice. The reasons I have been given are not at all compelling. We are over-complicating something that should be very straightforward. This committee recommended that there be a voice that reflects the experience of those representing workers' rights. The Minister said she is accepts this but we have a very fluffy section instead of just allowing the Irish Congress of Trade Unions to nominate somebody and be done with it.