Seanad debates

Wednesday, 11 November 2015

National Cultural Institutions (National Concert Hall) Bill 2015: Committee Stage

 

10:30 am

Photo of Fiach MacConghailFiach MacConghail (Independent) | Oireachtas source

I bprionsabal aontaím leis an méid a bhí le rá ag an Seanadóir ó thaobh neamhspléachas an bhoird. It is a tricky one. One of the concerns I would like to impart, with Senators Norris and Ó Clochartaigh, is the perceived independence of the appointment process. Does the Bill, as currently drafted, offer a guarantee that the transparency, clarity and independence of the appointment mechanism towards board appointments is as clean as a whistle? I would like to hear the Minister's view and believe she might need to examine this before Report Stage in terms of bringing forward an amendment to satisfy the need for independence. While I want to hear what the Minister has to say on that, let us assume there is a process that can guarantee transparency, the right expertise for the board and equality in terms of gender but also in terms of the listed experience and expertise. From having served on boards and as a CEO to boards, I know the balance of expertise is very important. My position differs slightly from that of Senators Norris and Ó Clochartaigh in that I believe there needs to be somebody who can assess the needs of a board. At present, that is a chairperson. However, as each four or five-year term evolves, boards of arts organisations and national organisations will have different and varying strategic interests, and these will change over time. For example, the National Concert Hall might make a board appointment of someone with experience in philanthropy or, indeed, someone who will give money. Who mediates this and who will decide on that expertise?

In the Bill, there is a sense that the chairperson is the one who is most suitably qualified, subject to the fact he or she has been appointed properly, with full transparency and a sense of fair play. My concern in teasing this out is that I think the chairperson is the most appropriate person to assess the necessary skills and to work with the Department, the Minister or the Public Appointments Service. Section 10(2)(b) states, "When making an appointment under paragraph (a)the Minister shall consult the chairperson of the Board in relation to the expertise that is required on the Board." That is the issue. If a board is appointed, somebody who might not have the same experience could win the election for chair because he or she is a better politician or better at attracting votes. However, he or she might not be the best person in terms of assessing the overall skills requirements and expertise that is required on a board.

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