Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 43:

In page 9, to delete lines 6 to 17.

This seeks the deletion of the proposed new subsection (4) of section 108, which currently provides that where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the board is not available to enable the board effectively to perform its functions, the Minister may, as an interim measure, appoint from persons who are or were or are established civil or public servants or employees of the board. This is the same issue, the one I have spoken about at length. I do not believe it would be appropriate to create a law allowing a board, which for the sake of the democratic process must be independent, to be staffed, even on an interim basis, by civil servants and employees of the board. This does not constitute a separation of powers. I will not elaborate further but believe there is genuine concern about this issue.

One reason we need to expand the number making decisions, which is what other parts of the section are doing, is that we need to ensure the appropriate skills and expertise are applied in the making of decisions. Amendment No. 43 fundamentally opposes the proposal that persons of specific expertise would be replaced by civil servants chosen by the Minister.

Amendment No. 44 amends the proposed subsection (4) by restricting persons who are or who have in the previous 12 months been established civil servants from appointment to the positions of temporary chair or temporary member of the board. The temporary chair position is of particular concern in this regard.

Amendment No. 45 seeks to delete the provision in respect of employees of the board.