Diarmuid Wilson (Fianna Fail) | Oireachtas source

The Minister of State is aware we raised our concerns about this issue on Committee Stage. Until quite recently, when a citizen of the State took an action to the Supreme Court, it was not possible for a citizen to stand for election to the either House of the Oireachtas, the Presidency or the European Parliament if he or she was adjudged a bankrupt. If a person holding any of these positions was adjudged a bankrupt, he or she would have to resign. This law has been changed. On Committee Stage I asked the Minister of State to seek advice from the Attorney General on the constitutionality of preventing a person who was adjudged a bankrupt or who entered into a financial arrangement with creditors being disbarred from sitting on the board of this organisation. Did the Minister of State seek the advice of the Attorney General in this regard or did he seek advice from the officials? My advice is it is unconstitutional to prevent such people from sitting on the board.

The answer the Minister of State gave me on Committee Stage was that it was normal procedure. I pointed out to him during the debate that normal procedures no longer exist and things have moved on. During my time in the House it was normal procedure to prevent county or city councillors from sitting on boards. There was no reason for this other than civil servants decided they should not sit on the boards. This was removed as a result of consistent objections on all sides of the House. It is equally wrong to prevent people who have fallen on hard times and have had to come to an arrangement with creditors, and in some cases who have been adjudged a bankrupt, from sitting on the board.I have been advised that it is also unconstitutional. Senator Ó Domhnaill pointed out that a number of well-known sports personalities who are currently experiencing financial difficulties could make excellent members of the board. High-profile former Members of the Oireachtas could be equally capable of contributing to the board but they will be prevented from doing so under this legislation. A considerable number of voluntary and professional sporting organisations are facing financial problems. Will the directors of those organisations be prevented from sitting on the board if they are declared bankrupt or have to come to an arrangement with their creditors? Will the Minister of State to explain to the House why he is preventing these people from sitting on the board? I urge him to reconsider and withdraw the ban.