Richard Bruton (Dublin North Central, Fine Gael)
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Question 129: To ask the Minister for Arts, Sport and Tourism when the vacant positions on the Arts Council will be filled; the criteria that will be used in their selection; and if he will make a statement on the matter. [33870/08]

Martin Cullen (Waterford, Fianna Fail)
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I am considering the vacancies on the board of the Arts Council and hope to make an announcement in the immediate future. The remaining members of the board, whose terms expire in 2011, are sufficient to provide a quorum for the council and under the Arts Act 2003 the deputy chair can take the place of the chair until a new chair is appointed.

In appointing new members to the board cognisance needs to be had of the following provisions under the Arts Act 2003. Members of the Arts Council must have a special interest in or knowledge of the arts. The board must have a minimum of six men and six women; therefore the new appointments must be made up of a minimum of one man and five women and the chair can be either male or female. Persons aged 70 or over cannot be appointed to State boards. A range of all disciplines as per the Arts Act needs to be represented. The Act states that "arts" means any creative or interpretative expression, whether traditional or contemporary, in whatever form, and includes, in particular, visual arts, theatre, literature, music, dance, opera, film, circus and architecture, and includes any medium when used for those purposes.

Olivia Mitchell (Dublin South, Fine Gael)
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I understand from speaking to former members of the Arts Council that the remaining members are not quorate. Given that the budget will be announced shortly, they are most anxious that they will be in a position to implement their spending plans with all speed immediately after the budget. At the moment they feel hamstrung owing to the lack of members.

I wish to comment about the independence of members of boards, particularly the chairperson of a board. I do not in any way criticise the outgoing chairperson of the Arts Council, who was superb and very committed. Nevertheless she was placed in an invidious position, being clearly a supporter of a particular party. When people have two masters it is very difficult for them to perform their job with absolute independence. I can think of other cases. For instance, the chairperson of the Disability Authority is also the CEO of Rehab. It is client and master together and it is a very difficult position in which to place people.

I am anxious that there would be transparency in the appointment of people to the Arts Council, in particular where independence is required. They are supposed to be the challengers of society who question what we do and how we go forward. The Minister should ensure that whoever is appointed will be able to serve the arts community and the taxpayer rather than any political master.

Martin Cullen (Waterford, Fianna Fail)
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I am glad the Deputy prefaced her remarks about the outgoing chairperson.

Olivia Mitchell (Dublin South, Fine Gael)
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She was a superb chairperson.

Martin Cullen (Waterford, Fianna Fail)
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My view and the general view without fear or favour is that she was an excellent and superb chairperson. Many people in this House as well as outside it often complain to me that the Arts Council is far too independent.

Olivia Mitchell (Dublin South, Fine Gael)
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It is meant to be independent.

Martin Cullen (Waterford, Fianna Fail)
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One can never win. I also know the other person to whom the Deputy referred. She is superb and is greatly committed to that area.

Olivia Mitchell (Dublin South, Fine Gael)
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I have no doubt about that.

Brendan Howlin (Wexford, Labour)
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The Minister is going beyond the scope of the question.

Martin Cullen (Waterford, Fianna Fail)
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I know that. However, I wanted to put it on the record for fear that if I did not respond it might be taken to acquiesce with the Deputy's view. She is superb in the roles she fulfils.

Olivia Mitchell (Dublin South, Fine Gael)
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It is an unfair position in which to put someone.

Martin Cullen (Waterford, Fianna Fail)
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They are not without their difficulties. My intent is to appoint someone to the chair of the Arts Council who has an interest in and some knowledge of the arts and has the business capacity to manage a budget in the order of €70 million or €80 million, which is very significant. That is not a small business, it is a significant amount of resources. I have not made a decision. I probably would have preferred to have done so, but events in the past week or two got in the way of doing so. I intend to make that announcement as quickly as possible.

Mary Upton (Dublin South Central, Labour)
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I am surprised and shocked to hear that someone over 70 may not be a member of the board.

Martin Cullen (Waterford, Fianna Fail)
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That has nothing to do with the Arts Council. That is the general legislative position relating to all State bodies.

Mary Upton (Dublin South Central, Labour)
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I appreciate that, but it is food for thought and is something we should consider. It is ageist. In the context of arts and culture, there are so many excellent people over 70 in the arts world who would be excellent in that role. We should do it as a precedent to at least shake up the legislation in that area.

Martin Cullen (Waterford, Fianna Fail)
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That is the position. I agree it appears somewhat ageist. I am unsure as to the genesis of this legislation and whether it was introduced in recent years or in years past. We are all living much longer and are hopefully much healthier. Perhaps the provision could be reconsidered in the future. It was not regarding the Arts Council that I made the point, it was regarding State boards in general, and that is the legislative position.