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

As Senators will be aware section, 10(3) provides that the Minister shall designate one member of the board to be the chairperson for a period of five years.

In response to Senator Mac Conghail, who asked how the term of board members would be determined, lots will be drawn to determine those who will serve for three, four or five years. The chairperson will be appointed for the full five-year term.

The effect of this amendment would be to provide that the chairperson be elected by the board members. We had a very interesting and wide-ranging debate on Committee Stage, for which I thank the Senators. The rationale behind this provision focuses on the nature of the relationship between the Minister and the chairperson. As I have said previously, the chairperson of any State board has an important position as head of the board and has the responsibility of overseeing the management and direction of the organisation. It is equally important that the chairperson has an effective working relationship with the Minister, as the chairperson forms an essential bridge between the board and the Minister. The issue of transparency around the process was raised on Committee Stage, and Senators will be aware that the norm in the majority of State boards is that the Minister appoints the chairperson. Examples include the provisions in the Sport Ireland Act 2015, the Competition and Consumer Protection Act 2014, the Further Education and Training Act 2013, the Child and Family Agency Act 2013, the Qualifications and Quality Assurance (Education and Training) Act 2012, the National Cultural Institutions Act 1997, and the Arts Act 2003.

Under the Public Appointments Service system, an independent panel assesses all applications for appointment to the State board and a short list is sent to the Minister, who makes the board appointments having examined and assessed the skill set involved. In my case, I discuss it with my officials so that we can find the best people for the job. The application process allows interested parties who have applied for a position on the board to indicate whether they would like to serve as a chairperson. It will also allow them to outline to the Minister why they would be qualified to do the job. Having all of this knowledge regarding the skill set, the Minister makes the decision on who to appoint to the chair.

When a new board is appointed, I believe the members of the new board would not have the necessary information regarding the skill sets of their fellow board members to make an informed decision as to who was the best person for the position of chairperson. A chairperson needs a particular set of skills. I am satisfied that the Minister of the day, whoever it is, will have access to all of the CVs and will also have access to the people who are interested in taking the role of chairperson, and all interested members will have outlined their skill sets and abilities. The Minister will have that information but - let me repeat - the new board would not have that type of information and would be making a decision without the benefit of that information. As members will be aware, prospective chairpersons now appear before a joint committee of the Oireachtas prior to their appointment, and this allows Members an involvement in the scrutiny process. We all want to ensure we have the most effective process possible for selecting the best possible chairperson. Senator O'Keeffe, in her contribution on Committee Stage, alluded to the potential difficulties with a new group whose members are drawn together for the first time who are then asked to make a decision as to whom the group wants as chairperson.

Members may have differing views on achieving the same objective, but the objective we all share is an effective process for appointing the chairperson. I have listed with interest to the debate on both Committee and Report Stages. My view is that the Minister of the day should continue to appoint the chairpersons of public bodies such as the National Concert Hall. The legislation sets out clear lines of accountability through the Minister to the Oireachtas. It is important, therefore, that the Minister appoint the chairperson. I have gone a long way towards ensuring the independence of the National Concert Hall, and section 8 expresses that. I cannot accept the amendment.