Sean Barrett (Independent)

I move amendment No. 138:

In page 63, paragraph 4(3), to delete lines 22 and 23 and substitute the following:

"(3) The Minister, subject to due process, may at any time remove from office a member of the Authority if it has been proven that—".

This was a worry and the Minister of State and other Members have acknowledged that it is a bit draconian for something concerned with education, which is about free flow of ideas. The current form is "The Minister at any time may remove from office a member of the Authority if, in the opinion of the Minister...". There are various disabilities or faults indicated, including a person falling into ill health, which is all right. There is also reference to stated misbehaviour, which we can debate presently. There is reference to removal of a member appearing to the Minister to be necessary for the effective performance by the authority of its functions. My amendment includes a reference to due process.

Firing people from boards has proved problematic in the past and people have brought cases to the courts and been reinstated, although that was not in the educational sphere. I believe it concerned members of the CIE board who at one stage objected to being removed. There should be some process and the Minister should not be able to act in line with some of the stronger and more totalitarian sections of Bill. He or she should not be able to say that "Mr. Bloggs" should not be on the board and it appears to be necessary, for the effective performance of the authority, to fire the individual. The concern is with the "opinion" of the Minister. I wonder if the Minister of State will consider some due process, as a decision may be upheld that a person is unsuitable for the post, but it should not be on a ministerial whim or opinion.