Malcolm Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 45:

In page 52, to delete line 25.

I raised this issue with the Minister, Deputy Darragh O'Brien, on Second Stage. It applies in general to State boards, but to the specific exclusion of members of local authorities from serving as members of State boards. This makes perfect sense in the case of Members of the Oireachtas who have been involved in the legislative process in the setting up of this body and so on, but I do not see any reason a member of a local authority should be excluded from consideration to be a member of this authority. This also relates to consideration of such members for the role of chief executive of MARA.

I am not saying that just because somebody is a member of a local authority he or she would be automatically appointed. I certainly do not believe it should be the case that a councillor would be allowed to ask a Minister to appoint him or her to a board. If at some stage in the future we have a councillor who is an eminent marine biologist, a specialist in the engineering of wind turbines or who has an intricate knowledge of marine matters I do not believe he or she should be excluded from being allowed to sit on the board of MARA on the basis that he or she is a councillor.

I am asking that the relevant provision around local authority membership would be removed from this legislation. I note in particular that even though local authority members are being excluded, the legislation provides for a representative of the City and County Management Association. This does not make sense. The argument that may be made is that local authorities have some involvement in the early stages of the planning process. It would be extremely peripheral if there is, but we are excluding councillors on that ground while allowing for a chief executive of a local authority to be appointed. The language used within the legislation is "representative" rather than "nominee", which is also of concern. It is not making sense to me.

I will give an example with regard to Wexford County Council, with which I am familiar.Let us say we had elected somebody with an extensive knowledge of the marine as a councillor. That is perfectly possible in some of our coastal communities in say, Kilmore Quay or up in Courtown or wherever. He or she is qualified to be a member of this authority on all other grounds but because he or she decided to serve his or her local community by being elected to a local authority, he or she is automatically ruled out of consideration. Despite this, the chief executive of Wexford County Council, who, arguably, might have far greater say in the planning process in any licensing or foreshore issues that emerge could be considered for appointment. Frankly, I do not think that is fair.

By the way, I do not have a problem with a chief executive being there but it is completely unfair to exclude members of local authorities simply because they are serving. The request here is not about the Minister being allowed to appoint any member of a local authority. The individual concerned should be qualified. This must apply to all State boards. A habit has developed in recent years where we exclude local authority members from everything. As the Minister of State will know from his other role with the electoral commission legislation, we are trying to get some of the best people into local government. We are trying to encourage them. We should also be trying to encourage the best people onto State boards but we should not be forcing extremely qualified and skilled people to have to choose between the two.

I raised this the Minister, Deputy Darragh O'Brien, on Second Stage and privately. He said the case I was making was interesting and compelling. I am interested in hearing the Minister of State's response. I do not believe there are solid grounds as to why, all else being equal, members of local authorities should be excluded.