Joe O'Brien (Dublin Fingal, Green Party) | Oireachtas source

I move amendment No. 26:

In page 39, between lines 23 and 24, to insert the following:

“Amendment of Schedule 1 to Principal Act

38. Schedule 1 to the Principal Act is amended— (a) by the insertion, in paragraph 2, of the following subparagraph after subparagraph (3):

“(3A) Where the office of the chairperson is vacant, an interim chairperson may be appointed by the Minister from among the members of the Authority for the duration of the vacancy and where the Minister does so, the interim chairperson shall perform all the functions assigned to the chairperson by or under this Act and references in this Act to the chairperson shall be construed as including references to the interim chairperson.”,

and

(b) by the substitution, in paragraph 3(3), of the following clauses for clauses (a) and (b):

“(a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged,

(b) is an individual who is party to an insolvency arrangement that has not ceased to have effect,”.”.

The existing provisions of the Charities Act 2009 only allows for the appointment of a temporary chairperson from among the membership of the authority for meetings of the authority. The amendment will ensure that an interim chairperson can be appointed by the Minister, should the role of chairperson become vacant for a period of time. The second part of this amendment is technical and of drafting nature and has not changed the policy intent as contained in the published Bill with respect to persons who have been discharged from bankruptcy or exited insolvency arrangements.