Brian Lenihan Jnr (Dublin West, Fianna Fail)

The board must meet at least 11 times a year. The board also has power to lay down rules and regulations regarding presence and absence. It is normal on any body to have such rules. In all corporate practice there is a fundamental distinction between a person missing a meeting and being absent and a person being excused for non-attendance. I do not believe the amendment reflects that fact.

Regarding the more fundamental point on the quorum, I could postulate contingencies which might appeal to the Senators where they would be very glad that the quorum is fixed at five. For example, if the health service executive was anxious to make further provision for what is already an excellent Caredoc service in Carlow or provide an extension of the services at Nenagh Hospital, and was advised by the chief executive that an urgent decision was required and it was impossible to assemble more than five members of the board to make this decision, I am certain the Senators would welcome the fact that the quorum was fixed at five. A quorum is a basic legal requirement. It is a minimum, not a maximum. It is envisaged that the board will work as a board with the collective wisdom and intelligence of its members. To legislate for a universal attendance at every meeting is not something we as sensible legislators should do.