Joe Costello (Dublin Central, Labour)

I move amendment No. 13:

In page 11, between lines 35 and 36, to insert the following:

"(14) Without prejudice to subsection (12), a cesser under subsection (13)(a) or (c) by virtue of an order of a court shall not operate until the ordinary time for appeal has expired, or until the final determination of any appeal lodged during such time, whichever last occurs.".

This amendment is related to amendment No. 12 because the Minister agreed to re-examine some of the grounds under which an individual could be disqualified from membership of the authority. I have two concerns about his proposals. The first is that nobody should be disqualified without having access to due process so that an appeal would be completed before any disqualification could take place. This is the thrust of the amendment, which states a cesser under subsection (13)(a) or (c) by virtue of an order of a court shall not operate until the ordinary time for appeal has expired, or until the final determination of any appeal lodged during such time, whichever last occurs. This relates to when a person is asked to step down but appeals the decision. The amendment provides that the final decision will not become operational until such time as the process had been determined.

The Minister agreed to examine my second concern, which relates to some of the grounds for disqualification. An individual can be disqualified from the authority if he or she is adjudicated bankrupt. All bankruptcy means is that someone has lost his or her money. It does not mean that he or she has committed a crime or gone through a court process. Bankruptcy should not result in automatic disqualification. According to the Minister of State, the Minister has decided not to delete this section because it appeared somewhere else. I do not believe that bankruptcy is a ground for disqualification and it seems strange to include simple bankruptcy as a ground for disqualification in the Bill. Anyone could, for one reason or another, find himself or herself bankrupt. Many people find themselves in such a predicament during the course of their lifetime, depending on the nature of their employment or developments in the areas in which they have invested. Bankruptcy may not have been due to any misbehaviour on their part. It does not suggest that there has been any referral to the courts for prosecution.

Making a compositional arrangement with creditors also does not smack of criminality or any form of misbehaviour. It is the normal procedure which takes place when a bankruptcy occurs. Creditors must be dealt with and the law demands that a compositional arrangement is set up. It is quite innocent and should not be grounds for anyone to lose his or her position on a board if he or she has been appointed to it as a result of his or her talents or abilities.

Being sentenced to imprisonment on conviction on indictment and ceasing to be an ordinary resident in the State are appropriate grounds for disqualification. If a member does not reside in the State, he or she cannot do his or her job. It is unfair to use bankruptcy and the making of arrangements with creditors as grounds for disqualification or removal from the authority. The Minister should re-examine the situation.

If an individual becomes bankrupt for legitimate reasons, he or she is entitled to appeal his or her removal from the board. Why should he or she be removed from the board until his or her appeal is heard?

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