Dáil debates

Tuesday, 22 September 2009

Public Appointments Transparency Bill 2008: Second Stage.

 

6:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Fianna Fail)

I also compliment Deputy Varadkar on his initiative in bringing forward this legislation. I wish to pay tribute to the Minister of State, Deputy Mansergh, a colleague of mine in the South Tipperary constituency, on the role he played as an adviser to many former Taoisigh and various Departments before becoming a Member of the Houses.

The Bill proposes that Oireachtas committees should scrutinise all ministerial nominees for the positions of chairman and chief executive of statutory agencies and public bodies which receive more than €1 million - a considerable amount of money - in public funding. A number of concerns arise in respect of the Bill, which involves the Oireachtas taking executive functions onto itself in vetting and confirming appointments to State boards and cuts across the normal corporate governance arrangements for such boards in respect of the appointment of chief executive officers.

Unfortunately, as everyone is aware, we have been let down by a few individuals. There are many hundreds of decent and honourable people who serve on State boards, who give freely of their time and expertise and who bring to those boards a broad range of diverse ideas. The normal process is for Ministers to propose appointments to the boards of State bodies. These appointments often proceed by way of memoranda to Government and are discussed before decisions are made. Ministers can be questioned and held accountable by the Houses of the Oireachtas in respect of such appointments and can be asked to justify them.

In making appointments to boards, Ministers seek to ensure that those who are nominated to serve bring with them the best range of relevant skills and experience required by a particular body. These decisions are normally approached in a conscientious manner, following consultation, and usually take time to complete.

Ministers are not completely unfettered in the context of making appointments. They must take account of any specific legislative requirements that exist. I refer here to requirements relating to the appointment of worker directors or representatives of nominating bodies, the provisions contained in the equality legislation and relevant Government policies, such as those relating to the need for gender balance on State boards. Increasingly, governing legislation prescribes desirable attributes in respect of prospective board members.

As already stated, there are many fine and public-spirited citizens who contributed to State boards in the past and who continue to do so under the current, allegedly flawed, system. In the past, that system may not always have been as focused on professional capacity as is the case at present. However, the necessary improvement in the calibre of appointees has taken place in the recent past.

In light of the level of public scrutiny and the quite onerous responsibilities of directors, a decision to accept a position as a chairperson or board member is not to be entered into lightly. Nominees must be confident of their professional capacity to serve. I would not like all of the criticism being levelled to be reserved for those on this side of the House. In the past, a few people who were appointed to particular positions by Fine Gael-led Governments were involved with failed institutions. The making of questionable appointments is not the preserve of any one party. It is time this matter was examined.

In light of the existence of so many quangos, it is important that legislation such as that before us be considered. I have been in the House for only a short period and the learning curve has been steep. I discovered, for example, that when Members table questions to Ministers in respect of the HSE, the NRA, the RSE, the EPA and countless other quangos, they do not receive proper replies. Our questions are forwarded to the agencies to which I refer, which is extremely unsatisfactory. Ministers must be held accountable in respect of the boards for which they are responsible.

We should look to the example provided by the boards of organisations which operate in the voluntary sector. These boards provide exemplary leadership in the communities they represent.

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