Gerald Nash (Louth, Labour) | Oireachtas source

Section 3 of the Schedule to the Bill deals with the resignation and termination of office of members of the Low Pay Commission. Section 3(2)(c) provides that the Minister may remove a member of the commission from office if, in the opinion of the Minister, the member has not complied with section 14 of the Ethics in Public Office Act, 1995 in the performance of his or her functions as a member of the commission. Section 14 of the Ethics in Public Office Act, 1995 refers to officeholder obligations. As members of the commission do not fall under the definition of officeholder in the meaning of the 1995 Act, it is not appropriate to include a reference to section 14 of the Act in the Bill. Accordingly, it is necessary to amend this reference in the Bill. The new proposed provision repeats similar provisions regarding members of the Fiscal Advisory Council in the Schedule to the Fiscal Responsibility Act 2012.

With regard to amendment No. 28, the Schedule to the Bill already provides the Minister with the possibility of removing a member of the Low Pay Commission from office if the member has committed stated misbehaviour, or the removal of the member appears to be necessary for the effective performance by the commission of its functions. I expect an employer member who commits an offence under the National Minimum Wage Act to fall within these categories. Moreover, a member could be found to have committed an offence under the full range of employment rights legislation which could make his or her membership of the commission untenable. Accordingly, I cannot accept the amendment.