Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 2:

In page 12, to delete lines 28 to 31.

I appreciate that we raised this again on Second Stage and the Minister responded but this covers a situation where, under subsection (8), a chief executive officer may appear before the Committee for Public Accounts or when he or she makes reports on finances, etc. This is very much a gagging clause on the CEO of the National Concert Hall. Section 18(9) states::

In the performance of the duties of chief executive officer under subsection (8), the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

It is unnecessary and totally out of order that we should gag the CEO. For example, the Minister could be a fan of a particular type of music, say country music. He or she could make it a policy that the National Concert Hall should play more country music gigs. After some time it is found that this is not what the audience is looking for, the concert hall loses income and is in a position where it is losing a lot of money. If the CEO is then brought before the Committee of Public Accounts and asked to answer for the financial problems, is he or she allowed to say that money was lost because of Government policy? It is outrageous that the CEO could not express that opinion. We do not suggest that every person must agree with the opinion expressed or that the Minister must agree with it but one would imagine that if an opinion is expressed then an opposing view would be asked for.

It also could call into question the integrity and autonomy of the members of a committee in making up their minds based on the evidence that is put before them.

It is a bad idea to even give the impression of gagging a CEO. This clause is unnecessary. It should be quashed and removed from the Bill.