Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I do not understand the Department's objection to this because it seems to be a departure from prior policy. Apart from the fact that predecessors of the pension board would have had representatives in this arena, the fiduciary duties and responsibility to board are a red herring. Ultimately, once anyone who is nominated by an appropriate nominating body goes on a board, their responsibilities when they are in that boardroom are to that organisation.

I can give a slightly different example. Regarding the Good Friday Agreement bodies, if Fine Gael, as it is entitled to do, nominates somebody to the board of Foras na Gaeilge or one of the other Good Friday Agreement bodies, they are not required to resign their membership of Fine Gael or anything like that. However, when they are at meetings of Foras na Gaeilge their responsibilities are to that organisation. Similarly, with organisations that nominate to any of the State boards, once the nominee is fulfilling their functions as a member of that board, their responsibility is to that board and not to any other organisation they are a member of. That is long-settled company law in terms of fiduciary duties. There is no question of that anywhere else where relevant organisations have the power to nominate to a body. There is no question of them being delegates on behalf the nominating organisation. That has never been the case.

It is about ensuring that the person is appointed not only for their expertise but also to bring the perspective of that particular element of Irish life, in this instance workers' rights and the trade union movement. ICTU is not any run-of-the-mill organisation. It is an organisation that is recognised in many pieces of legislation both as a nominating body or an appropriate party in negotiation and different elements like that. Indeed, it is also a nominating body for one of the Houses of the Oireachtas. This is not just any random organisation. This is a well-established organisation that has a certain status in Irish life, a certain authority and a certain legitimate claim to be the key body that represents the interests of workers' rights in Ireland. I have raised concerns about the legislation, that if these funds are not managed correctly, workers could be left out of pocket. It is important that voice is recognised and has status. Who better to do that than the nominee put forward by the Irish Congress of Trade Unions?

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