Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

Circular 12/2010: Protocol for Civil Servants nominated to the boards of non-commercial State bodies lays down a detailed framework for civil servants who are board members to report to the relevant Minister in certain circumstances. The relevant Minister is the Minister under whose aegis the body falls. The purpose of the protocol is to set out the reporting obligations of the nominee civil servant board member in the extreme situation where serious issues arise that are not being addressed by the board and where the chairperson of the board does not report such. Accordingly, for example, the circular provides that where there is a significant public policy issue or where there is disagreement at board level, the civil servant board member should request the chairman to notify the Minister or failing that, notify the Minister himself or herself. Moreover, the circular provides that the civil servant board member should present information directly to the relevant Minister in cases where there are serious weaknesses in controls that have not been addressed, or where there is a significant strategic or reputational risk to the body that is not being addressed, or where there are serious concerns about possible illegality or fraud. The operation of the circular is subject to the legal common law, fiduciary and statutory responsibilities of the nominee civil servant board member.

The protocol is intended to contribute to greater accountability in the non-commercial State sector by providing further guidance for civil servant nominees on the boards of non-commercial State bodies above and beyond the governance framework already prescribed for all members of State boards and set out in the code of practice for the governance of State bodies. In the normal course of events the correct line of authority is from the chairman of the board to the relevant Minister. As a general principle, the civil servant nominee board member has a responsibility to act collectively in decision-making and I am satisfied that Circular 12/2010 issued by my Department provides guidance and guidelines for civil servants nominated to the boards of non-commercial State bodies which ensures proper accountability and reporting arrangements.

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