Enda Kenny (Mayo, Fine Gael)
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Question 5: To ask the Taoiseach the appointments made by him since June 2002 to the State boards or other agencies within his aegis; and if he will make a statement on the matter. [46591/08]

Enda Kenny (Mayo, Fine Gael)
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Question 6: To ask the Taoiseach the names, occupations and dates of appointment of those appointed to the boards of the State agencies and bodies under the aegis of his Department; and if he will make a statement on the matter. [46596/08]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 7: To ask the Taoiseach the appointments made by him to the boards of agencies or other bodies operating under the aegis of his Department; and if he will make a statement on the matter. [3147/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 8: To ask the Taoiseach the appointments made by him to State boards; if he proposes to reform the manner in which such appointments are made; and if he will make a statement on the matter. [7051/09]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 5 to 8, inclusive, together.

The information sought by the Deputies concerning appointments made by me or my predecessor to State boards and agencies under the aegis of my Department since June 2002 is set out in the following tables. The relevant bodies are the National Statistics Board, the Law Reform Commission, the National Economic and Social Development Office, the National Centre for Partnership and Performance, the National Economic and Social Council and the National Economic and Social Forum.

The members of State bodies under the aegis of my Department are appointed through well established nominating procedures, which are outlined in the National Economic and Social Development Office Act 2006, having regard to the remits of the bodies and consequently the particular competencies and skills expected of their members. In many instances, the members are nominated through relevant nominating panels. NESC and NESF, for example, comprise representatives of the various pillars involved in social partnership; that is, employer bodies, trade unions, farming organisations and community and voluntary organisations. The procedures for appointing the members of the National Statistics Board are outlined in the Statistics Act 1993. Therefore, any change to these procedures may require a change in the law.

Additional information not given on the floor of the House.

Enda Kenny (Mayo, Fine Gael)
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My question refers to the chairs of the boards of banks that have received the State guarantee. The Taoiseach should be in a position to have them come before Dáil committees to answer questions. Given the controversy surrounding the former director of FÁS and the chief executive of the regulatory authority, who both received serious amounts of money when they left their positions, does the Taoiseach think there is an opportunity to write into the conditions for all future contract appointments that abuse of privilege or straying outside the remit of one's appointment would result in non-payment of a golden handshake? I note, for example, the Committee on Finance and the Public Service has stated that the sums paid to the regulator should be taken back. This is clearly a cause for serious public anxiety.

The Taoiseach's predecessor has stated in response to questions that Dáil committees should have some sort of role in the appointment of persons to State boards, and important boards in particular. Does the Taoiseach agree that if the Government or a Minister intends to appoint a person to a somewhat important State board, that person should appear before a committee to explain what he or she can offer the board in question, in other words, his or her qualifications to deal with Government policy in so far as the board's remit is concerned? The previous Taoiseach said that he would involve committees to some extent, not in an interrogatory role but to give the prospective appointee an opportunity to set out his or her qualifications and experience and what he or she proposes to bring to the board. This might result in a better situation than what has obtained heretofore under all Governments.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not have supplementary information on that matter based on the questions which have been tabled. Committees have the right and entitlement to invite people before them to discuss a range of policy questions not only in respect of the particular competencies they bring to the operation of State boards but also in terms of the policies that are being implemented, which are presumably consistent with Government policy as outlined by the relevant Minister. I understand that facility is available to all committees.

The question also relates to the conditions and contracts of employment which boards enter into with the executives they appoint. Presumably they act on legal advice on any arrangements arrived at subsequently in terms of severance or other matters.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Gilmore. I will try to return to Deputy Kenny.

Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle stopped me in my tracks.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is a hard thing to do.

Eamon Gilmore (Dún Laoghaire, Labour)
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I understand the Government has announced the appointment of a new RTE authority. I ask the Taoiseach why the authority was left vacant since the beginning of the year and whether he will take this opportunity to inform the House of the identity of the new chairman and members of the authority——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Questions Nos. 5 to 8, inclusive, pertain to the Taoiseach's Department.

Eamon Gilmore (Dún Laoghaire, Labour)
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——and their period of office.

Brian Cowen (Laois-Offaly, Fianna Fail)
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As the Ceann Comhairle stated, this State board is not under my aegis. I am sure the requisite announcement and communication of decisions taken will be done by the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan. I understand this is an interim authority pending the enactment of legislation providing for the broadcasting authority of Ireland, which represents a further reform of broadcasting. If my memory serves me correctly, this legislation will see the establishment of a broadcasting commission. In respect of the interim authority being announced this afternoon, the question of committees having an input or making further suggestions to the Minister is an innovation instigated by the latter.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have asked the Taoiseach his proposals on the reform of appointments to State boards. I hope he recalls that on numerous occasions I have urged him and his predecessor to seriously address this issue because I believe it is a closed process which does not allow fair——

John O'Donoghue (Kerry South, Ceann Comhairle)
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This is a time for seeking information not sharing it.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——and responsible consideration of all those who would be willing to give service to State bodies. I probably did not realise the half of it. Will the Taoiseach accept as highly questionable the efficacy of appointing former board members of discredited financial institutions to State boards and the continued service on the boards of State bodies of former members of boards of institutions such as, for example, Anglo Irish Bank? Does the Taoiseach propose, in the context of reform and redress of the whole process of appointments to State boards, to take into account the facts in regard to a number of these bodies and the fact that former directors of Anglo Irish Bank are currently serving on the boards of public bodies despite all the questions that remain unanswered in regard to the extent of the knowledge of people at the helm of Anglo Irish Bank down through the years of its highly irregular and illegal activities?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy will be aware these are matters that are under investigation. In the interests of the principle of accountability not being breached, it is important those given the authority to act independently, as provided for under Acts of the Oireachtas, are able to do their job in respect of any issue referred to them. That is what is happening in regard to the specific case mentioned by the Deputy.

All non-executive members of boards, namely, board appointees, are dependent upon the information provided to them by executive members of management in terms of papers supplied to the board for the purpose of overseeing policy and giving strategic direction to the organisation of which they are members. One should not, therefore, presume upon the idea that non-executive members of the board were, in the first instance, informed or in all circumstances au fait with any inappropriate or unacceptable conduct brought to their attention. As I stated, the specific case referred to by the Deputy is under investigation and should be allowed, in the interests of everybody, to be pursued vehemently and vigorously and brought to a conclusion in the shortest possible timeframe.

My response, in general terms, is that the performance of those who are members of State boards determines their suitability or otherwise in respect of any particular job. It should be stated — this is not always recognised — that people who take up appointment as members of boards, be they semi-State or non-commercial organisations, many of which are public service in nature, do so out of a sense of public service and in the interests of pursuing objectives which serve the common good.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Kenny. I will come back later on if I can to Deputy Ó Caoláin.

Enda Kenny (Mayo, Fine Gael)
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An appointment is required in respect of governorship of the Central Bank. A replacement must also be found for the chief executive of the regulatory authority. I am not sure whether these two entities will continue as separate entities or if they are to be merged. Will the Taoiseach ensure that the position or positions to be filled will be opened up to competition not alone in Ireland, but from abroad to ensure people who believe they have the qualifications to fulfil those roles will have an opportunity to apply for appointment? Does the Taoiseach envisage an involvement of the relevant Dáil committee with such people to allow them to outline their qualifications, experience and what they could bring to the position to be filled, whether it is a regulator, governorship or an amalgamated position? I would like to see a situation whereby State boards, when employing a chief executive, write into the contract of employment that if the position of responsibility is abused then any golden handshakes simply do not apply. For example if a young garda graduates from Templemore, signs a contract and serves for 30 years, but abuses that privilege, that person should lose all of the benefits that come with being a member of the Garda Síochána. Recently, there has been a seething anger on the streets as a result of what has occurred. That should be regulated and controlled and the Taoiseach is in a position to do so and I will support him in that regard.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There is a difference between an executive position and membership of a board.

Brian Cowen (Laois-Offaly, Fianna Fail)
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This is beyond the remit of the questions asked.

Enda Kenny (Mayo, Fine Gael)
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These are relevant questions as the Ceann Comhairle is aware.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The question of reforms that will take place in respect of regulatory matters, financial and otherwise, but especially financial, in the present circumstances, is something that has been accorded the highest priority by the Minister for Finance. He would intend to bring proposals to Government very shortly regarding that matter. It would be his intention in respect of any vacancies that arise or any posts to be filled, that we would employ people who would be eminently suitable and capable of doing a job which would be, perhaps, a different type of job from that which was the case in the past. In respect of contracts of employment entered into by authorities with executive management or anyone else, it is always open to an authority to have available to it not only rights of compensation, but rights of dismissal in the event of that being warranted.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I referred to the need for reform of the appointments process, in respect of which my question was quite particular, in line with the questions I and others have already asked this afternoon. What reform measures does the Taoiseach now intend to make? I do not ask this on the basis of making judgments in respect of anyone who has served in these capacities. Would the Taoiseach not accept the important need to ensure public confidence in the appointments system, and confidence into the future in respect of those entrusted with these responsibilities in the interest of the public in the first instance? The particular areas of crossover I have indicated vis-À-vis Anglo Irish Bank stretch into such bodies as Forfás, Bord na Móna and the Dublin Airport Authority, to name but some.

Is the Taoiseach in a position, or has he taken the time, to inform himself of the extent of the crossover between directors and members of the boards of financial institutions and those appointed by this and previous Administrations, especially in the past decade or 12 years, to various State bodies? Would the Taoiseach not accept in respect of those appointed heretofore that now is a very good time to review the practice of appointment in a non-judgmental sense, and to open it up to transparency and to the full raft of very good citizens with a variety of experiences who could bring their own special knowledge and expertise to these State boards in the future?

Brian Cowen (Laois-Offaly, Fianna Fail)
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As I have said, there are many people who act on State boards, some in the singular and some in the plural who have shown and displayed not only a strong commitment to public service, but a strong competence and professionalism and have brought these particular attributes to the fore in respect of their involvement in State boards throughout the years. Among the requirements for appointment to a board with a major role are financial management and accountancy skills, and familiarity with procedures in that area. Those are prerequisites for any role in corporate governance. Many people — I will not go into the specifics — have displayed all these attributes through their business experiences as executives running organisations, which they bring to bear beneficially in non-executive capacities. Non-executive board members of any organisation require and depend on the papers provided to them by executives in order to ask questions or inquire into any policy directive or initiative consistent with the strategic direction set out by the board.

One cannot make the assumptions the Deputy makes regarding some of the matters still under investigation. Let the investigation point it out and bring it to the fore in due course based on the facts. The Deputy asks for a non-judgmental approach but the best way to achieve that is to consider the performance of the executives within the organisations they serve. It remains a matter for individual board members to indicate whether they are no longer in a position to serve for personal or professional reasons. I am sure they take that into account in determining the length of their tenure on any of these boards.

Eamon Gilmore (Dún Laoghaire, Labour)
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Is it still the practice that when a Minister proposes to appoint a State board, or to make appointments to an existing State board, that the proposed membership is notified to the Government two weeks in advance of the appointment? Did that happen in the appointment of the RTE Authority just announced? What is the understanding between the parties in Government with regard to the composition of State boards? Is there a formula which applies for the nomination of members of State boards?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Does this refer to the Taoiseach's appointments?

Eamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach can speak about his own appointments if he wants to.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Appointments to some State boards require prior Government approval. The practice initiated when Deputy Gilmore's party took office in 1992, requiring matters to be brought to the attention of party leaders before State board appointments were decided, continues. As the Deputy knows, every State board does not require prior formal Government approval. The specific matter he raises would have been discussed. The Minister would have brought this to my attention recently and I would have left the ultimate decision to the Minister, as is my practice, and I would inquire whether the formation or composition of a board had a broad range and balance of competence and skills to ensure it was effective. I do not lay down preconditions or set formulae. I like to see people, regardless of their background, being brought forward on the basis of their ability to contribute. The sponsoring Minister needs to consider the competencies of the people in question.