Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 16:

In page 34, line 34, after "to" to insert "the Board of".

On the power of the Minister to give direction to the agency, the Bill states, "Notwithstanding sections 41 and 44 and directions issued under those sections, the Minister may give an additional direction in writing to the Agency for any purpose relating to this Act and concerning—", and it goes on with paragraphs (a) and (b), and then subsections (2) to (6), inclusive.

My sense of it is that the appropriate target for any directions in writing emanating from the Minister should be to the board of the agency rather than to the agency, and subsection (1) is open to misinterpretation. It could be to the chief executive officer or senior executives, as the case might be, but I believe that the chain of contact and the point of impact in terms of the Minister's position should be with the board. That clarification is necessary. The Minister, in issuing any additional direction, should do so in writing to the board of the agency. I hope that is self-explanatory.

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