Written answers
Thursday, 16 November 2006
Department of Enterprise, Trade and Employment
Appointments to State Boards
5:00 pm
Dan Boyle (Cork South Central, Green Party)
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Question 128: To ask the Minister for Enterprise, Trade and Employment the statutory processes involved in the appointment of chairs and members of non-Departmental public bodies under the remit of his Department and their legislative origin. [38340/06]
Micheál Martin (Cork South Central, Fianna Fail)
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The information requested by the Deputy, which is included in the following table, refers to Bodies or Agencies that come under my Department's remit and which are funded by my Department, but which are statutorily independent of the Department in the execution of their day-to-day functions.
I should also say that under Delegation of Ministerial Functions Orders, responsibility for making a number of the appointments, which fall to be made by the Minister for Enterprise, Trade & Employment have been delegated to my colleague Ministers of State in the Department. This delegation of functions does not, however, alter the modalities of how these appointments are made.
| Name of Body/Office | Statutory process for appointing Chair | Statutory process for appointing the Members | Legislative origin |
| Competition Authority | The Minister for Enterprise, Trade & Employment appoints the Chair following a competition and selection process held under Sections 15 and 17 of the Civil Service Commissioners Act, 1956 | The Minister for Enterprise, Trade & Employment appoints the Members, having being advised by the Civil Service Commissioners following a competition and selection process held under Sections 15 and 17 of the Civil Service Commissioners Act, 1956 | Section 35 of the Competition Act, 2002 |
| Irish Auditing and Accounting Supervisory Authority (IAASA) | The Chair is nominated and appointed by the Minister for Enterprise, Trade & Employment in accordance with Section 11(1) & (2) of the Companies (Auditing and Accounting) Act 2003. | The Board of Directors are appointed by the Minister for Enterprise, Trade & Employment in accordance with Section 11(1) and (2) of the Companies (Auditing and Accounting) Act 2003. | Companies (Auditing and Accounting) Act 2003 |
| Company Law Review Group | The Chair is appointed by the Minister for Enterprise, Trade & Employment under Section 69(2) of the Company Law Enforcement Act 2001 | The Members are appointed by the Minister for Enterprise, Trade & Employment under Section 69(2) of the Company Law Enforcement Act 2001 | Company Law Enforcement Act 2001 |
| Forfás | The Minister for Enterprise Trade and Employment, with the consent of the Minister for Finance, appoints the Chair of the Board of Forfás under powers conferred by the Industrial Development Acts 1993-2003, Paragraphs 2 (6), (7), of the 1st Schedule. | The Minister for Enterprise, Trade & Employment appoints Members to the Board of Forfás, with the consent of the Minister of Finance under Paragraph 2(5), 1st Schedule, Industrial Development Acts 1993-2003. | Industrial Development Acts 1993-2003. |
| Enterprise Ireland | The Chair is appointed by the Minister for Enterprise, Trade & Employment, with the consent of the Minister for Finance, under Section 9 (5) of the Industrial Development (Enterprise Ireland) Act, 1998. | The Board Members are appointed by the Minister for Enterprise, Trade & Employment, with the consent of the Minister for Finance, under Section 9 (4) of the Industrial Development (Enterprise Ireland) Act, 1998. | Industrial Development (Enterprise Ireland) Act, 1998. |
| IDA Ireland | The Chair is appointed by the Minister for Enterprise, Trade & Employment, with the consent of the Minister for Finance, under Section 2 (6) of the First Schedule of the Industrial Development Act 1993. | The Members are appointed by the Minister for Enterprise, Trade & Employment, with the consent of the Minister for Finance, under Section 2 (5) of the First Schedule of the Industrial Development Act 1993. | Industrial Development Act 1993. |
| Name of Body/Office | Statutory process for appointing Chair | Statutory process for appointing the Members | Legislative origin |
| Crafts Council of Ireland | The Crafts Council of Ireland was established by the Crafts Sector in 1973 and is a not-for-profit company limited by guarantee without share capital. It is, therefore, not a statutory body and procedures regarding the appointment of board members are set out under its Memorandum and Articles of Association. By agreement with the Department and in recognition of the grant-in-aid it receives from the State via Enterprise Ireland, the Minister appoints the Chairperson and four other members to the fifteen-member Board. While the Minister and the Department do not have statutory powers with regard to the Council, funding is provided on the basis that the Council undertakes enterprise development functions for the Crafts sector in line with its strategy. | As outlined across, the Minister appoints the Chairperson and four other members to the fifteen-member Board. | While not a State Body established under statute, given that exchequer funding is made available via Enterprise Ireland to the Crafts Council of Ireland each year, in order to support the crafts industry, the Minister may appoint 5 members to the Board of Crafts Council of Ireland including the Chairperson under Section 37 (a)-(d) of the Memorandum and Articles of Association of the Crafts Council of Ireland Limited. |
| National Standards Authority Ireland | The Minister for Enterprise, Trade & Employment appoints the Chair under the provisions of the National Standards Authority of Ireland Act, 1996. | The Minister for Enterprise, Trade & Employment appoints the Members of the Authority under the provisions of the National Standards Authority of Ireland Act, 1996. | National Standards Authority of Ireland Act 1996. |
| Shannon Free Airport Development Company Limited | The legislation establishing the company does not provide any statutory process for the appointment of Chairs, but does provide that the company is subject to relevant Company Law. Appointments are made in accordance with the provisions of Articles 73 to 87 and 94 of the company's Articles of Association. Essentially, this provides that the Minister for Enterprise, Trade & Employment makes such appointments after consultation with the Minister for Finance and the Minister for Arts, Sport and Tourism. | The legislation establishing the company does not provide any statutory process relating to the appointment of Board Members, but does provide that the company is subject to relevant Company Law as outlined across. Appointments are made in accordance with the provisions of Articles 73 to 87 and 94 of the company's Articles of Association. Essentially, this provides that the Minister for Enterprise, Trade & Employment makes such appointments after consultation with the Minister for Finance and the Minister for Arts, Sport and Tourism. | Shannon Free Airport Development Company Limited Act, 1959. |
| Name of Body/Office | Statutory process for appointing Chair | Statutory process for appointing the Members | Legislative origin |
| InterTrade Ireland | The Chair of InterTradeIreland is appointed in accordance with the interim Ministerial decision-making procedures that currently apply in relation to the North/South Implementation Bodies and Tourism Ireland Limited. In accordance with these procedures the Minister for Enterprise Trade and Employment, along with a Minister of the UK Government, is responsible for appointing the Chair of InterTradeIreland. The statutory process for appointing the Chair of the Board of InterTradeIreland is set out in the British–Irish Agreement Act 1999, as amended by the British-Irish Agreement (Amendment) Act, 2002. | The Members of the Board of InterTradeIreland are also appointed in accordance with the interim Ministerial decision-making procedures. In accordance with these procedures the Minister for Enterprise Trade and Employment, along with a Minister of the UK Government, is responsible for appointing the Members of the Board of InterTradeIreland. The statutory process for appointing the Members of the Board of InterTradeIreland is set out in the British-Irish Agreement Act 1999, as amended by the British-Irish Agreement (Amendment) Act, 2002. | Arising from the Good Friday Agreement, 1998, the British-Irish Agreement Act, 1999, established six North/South Implementation Bodies including InterTradeIreland. The Board of InterTradeIreland ordinarily consists of twelve Members, six of whom are nominated by the South and six by the North. There are currently eleven Members on the Board of InterTradeIreland. As a result of the suspension of the Northern Ireland Assembly in October 2002, the North/South Ministerial Council cannot meet. As a consequence the British-Irish Agreements have been amended. The amendments provide that during the period of suspension of the North/South Ministerial Council, the British and Irish Governments take joint decisions, when appropriate, on matters relating to InterTrade Ireland and the other North/South Implementation Bodies. |
| Name of Body/Office | Statutory process for appointing Chair | Statutory process for appointing the Members | Legislative origin |
| County Enterprise Boards (CEBs) | The CEBs are established as companies in accordance with the Companies Acts. The appointment of Chairs of the CEBs is governed by the Memorandum and Articles of Association of each Board. At the First Meeting of the Board following each Annual General Meeting the Directors elect from amongst themselves a person, other than a Local Authority Representative, to be Chair of the Company and of the Board of Directors. In the absence of the Chair at any meeting of the Company or the Board, the Members present shall elect from amongst themselves a person to act as Chair of that meeting. Section 10 of the Industrial Development Act, 1995 granted the CEBs formal statutory recognition. Each CEB operates as a company limited by guarantee and has its individual Memorandum and Articles of Association, Manual of Accounting Procedures and an Operating Agreement with the Minister for Enterprise, Trade and Employment. | The appointment of Board Members of the CEBs is also governed by the Memorandum and Articles of Association of each Board. The Membership of each Board consists of representatives from a number of categories — local authority elected representatives, Farmers' organisation representatives, ICTU, IBEC/CIF, the State Development Agencies and persons involved in small business, community organizations or local economic development. Where a Member from one of the above categories ceases to be a Member of the Board, that Member shall be replaced by a new Member from the same category as the former Member. The Minister for Enterprise, Trade & Employment may at any time alter or vary the category of persons, bodies or organisations from whom persons are eligible for election as Members or nominated to the Board. | Industrial Development Act, 1998. |
| Science Foundation Ireland | Appointments to the Board of Science Foundation Ireland are governed by statute under the Industrial Development (Science Foundation Ireland) Act 2003 and are made on the basis of the relevant experience and skills of the individuals concerned. The issues of gender balance, industrial and higher education expertise are also taken into consideration. The Minister for Enterprise, Trade & Employment designates one Member of the Board as the Chair. | The Members of the Board are appointed by the Minister for Enterprise, Trade & Employment, as outlined in column 2, with the consent of the Minister for Finance, following consultation with the Minister for Education and Science. The Minister for Education and Science nominates a person for appointment to the Board also. | Industrial Development (Science Foundation Ireland) Act 2003 Sections (1) to (7) – Board of Foundation |
| Name of Body/Office | Statutory process for appointing Chair | Statutory process for appointing the Members | Legislative origin |
| Health and Safety Authority | The Chair is appointed by the Minister for Enterprise, Trade & Employment, after consultation with such organisations as the Minister considers to be representative of workers and of employers. | Section 37 of the Safety, Health and Welfare at Work Act, 2005, states that, of the ordinary Members of the Authority: | Safety, Health and Welfare at Work Act, 2005 |
| Labour Court | The Chair is appointed by the Minister for Enterprise, Trade & Employment, under Section 10(3) of the Industrial Relations Act, 1946.Appointments as Deputy Chairmen by the Minister for Enterprise, Trade & Employment are provided for under Section 4(1) and 4(4) of the Industrial Relations Act, 1969 and Section 8(3) of the industrial Relations Act, 1976. | Members are appointed by the Minister for Enterprise, Trade & Employment upon nomination by ICTU (workers' Member) and IBEC (employers' Member) under either Section 10(4) or 10(5) of the Industrial Relations Act, 1946. | Industrial Relations Act, 1946; Industrial Relations Act, 1969; Industrial Relations Act, 1976. |
| Employment Appeals Tribunal | The Minister for Enterprise, Trade & Employment, appoints the chair under Section 39 of the Redundancy Payments Act, 1967, as amended. | The Minister for Enterprise, Trade & Employment, appoints the vice-chairmen and Members of the Employment Appeals Tribunal under section 39 of the Redundancy Payments Act, 1967, as amended. 36 of the Members are nominated by the Irish Congress of Trade Unions and the remaining 36 by various employer bodies for appointment by the Minister. | Redundancy Payments Act, 1967 as amended. |
| Labour Relations Committee | The Chair is appointed by the Minister for Enterprise, Trade & Employment, after consultation with such organisations as the Minister considers to be representative of workers and of employers, under Paragraph 2 of the Fourth Schedule of the Industrial Relations Act 1990. | Paragraph 3 of the Fourth Schedule of the Industrial Relations Act 1990 states that, of the ordinary Members of the Commission— | Industrial Relations Act, 1990. |
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