Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

Subsections (8) and (9) are useful provisions as they underline the director's accountability to the Oireachtas in the particular forum of the Committee of Public Accounts. In tandem with this accountability, there is an obligation on the director not to 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. This provision is limited and relates only to the appearance of the CEO before the Committee of Public Accounts on the issues outlined in subsection (8). They mainly relate to financial issues. This relates only to subsection (8). This provision is not unusual and has appeared in a number of recent pieces of legislation, such as the Irish Human Rights and Equality Commission Act 2014, the Competition and Consumer Protection Act 2014 and the Education and Training Boards Act 2013.

This is not gagging the CEO. Nor indeed is it undermining the CEO. A director can say what he or she wants, where he or she wants and when he or she wants, except in one place - at the Committee of Public Accounts. That is the only place the director is asked not to comment on policy. Section 27 requires the CEO to appear before other Oireachtas committees, where this restriction does not apply. The CEO can say what he or she wants in front of any other Oireachtas committee and there is no intention to subject him or her to a different standard from that to which other CEOs of State organisations are held. There is always a full and frank exchange of views between CEOs and directors of institutions and the Department. Such ongoing dialogue is certainly of benefit to the Department in the exercise of its functions. On that basis, I will not be accepting the amendment.