Dáil debates

Wednesday, 10 November 2021

Companies (Corporate Enforcement Authority) Bill 2021: Report and Final Stages

 

7:12 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank the Deputy for coming some way towards meeting our concerns. As I explained on Committee Stage, I am supportive of the principle behind this amendment, which is to minimise the time period in which there would be acting members. We also discussed that the principle behind what we are doing here is to ensure, as far as possible, that vacancies at member level are planned and filled seamlessly, without any need for acting members. That is the ultimate goal. However, practically speaking and notwithstanding that the Deputy has increased the proposed timeframe from eight weeks to 12, there is a need to provide in law for unforeseen circumstances, which can arise suddenly to cause a vacancy that must be temporarily filled.

The six-month maximum is a standard provision for authorising an acting member and a realistic timeframe for the appointment process for such a senior post, which involves an open competition. I assure the Deputy again that the acting member will have all the same powers as a permanent member. The Deputy was also concerned about backfilling any post left vacant as a consequence of an internal candidate taking on the role as an acting member. I reiterate that the Government has been focused on ensuring the new authority has the resources and funding it needs to carry out its remit, particularly at senior and specialist level. I understand a number of recruitment campaigns are currently under way.

Additional resilience will enhance the authority's ability to take account of unforeseen circumstances and the backfilling of posts, if needed, will be addressed on a case-by-case basis in normal ways. I will certainly be ensuring any temporary authorisations under this section are for the shortest possible timeframe, pending an open competition, but I cannot accept the amendment to reduce the timeframe to 12 weeks, on practical grounds.

Some of the people who will be filling these positions are very senior and quite often, may have to give two or three months' notice to their existing employment to take up this position. That is after being awarded the new position, not taking account of advertising, shortlisting and interviewing. The 12-week timeframe is too short. I accept where the Deputy is coming from and our intention is not to work towards six months. That is at the very outer limit.

It is hoped in a normal case of events, when people signify they are going through retirement, the process can commence prior to that person's departure and one will not need an acting up period. We are talking about unforeseen circumstances, such as somebody suddenly taking ill or perhaps dying, unfortunately. In cases such as those, 12 weeks is not practical. On that basis, unfortunately, I will not be able to accept the amendment.

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