Written answers
Thursday, 10 December 2009
Department of Environment, Heritage and Local Government
Departmental Agencies
11:00 pm
Joanna Tuffy (Dublin Mid West, Labour)
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Question 166: To ask the Minister for the Environment, Heritage and Local Government the State agencies under the aegis of his Department to which the new Code of Practice for the Governance of State Bodies applies; and if he will make a statement on the matter. [46482/09]
Joanna Tuffy (Dublin Mid West, Labour)
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Question 167: To ask the Minister for the Environment, Heritage and Local Government if all the boards of State agencies under the aegis of his Department, which are required to implement the new code of practice for the governance of State bodies, have formally adopted the Code at a Board meeting; if they have undertaken training to ensure proper implementation of this code; if they have in place monitoring procedures to ensure proper compliance with this code; and if he will make a statement on the matter. [46483/09]
John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 166 and 167 together. My Department takes seriously the governance arrangements of agencies under its aegis. Agencies are required to confirm that they comply with the up-to-date requirements of the Code of Practice for the Governance of State Bodies (published May 2009), and are regularly reminded of the corporate governance provisions contained in both their own specific and other relevant legislation. There are currently 20 agencies of varying size and function operating under the Department's aegis. In line with recent Government Decisions, work is ongoing to progress the amalgamation of some of these agencies, including the Local Government Management and Computer Services Boards and a number of housing-related agencies (including the Affordable Homes Partnership and National Building Agency). The Code makes provision for certain requirements to be applied proportionately to smaller bodies. In particular cases, the Code is considered to have a disproportionate effect on such bodies because of either the nature or scale of their activities, the resources available to them, or their governing statutes. In other cases, some agencies within my remit have particular governing structures (e.g. tribunal structures) which differ from the conventional Board structure of state agencies. This group of agencies include the Building Regulations Advisory Board, Designated Appeals Advisory Board, Comhar, Fire Services Council and the Rent Tribunal. My Department is working with these organisations to agree the extent to which the requirements of the Code might suitably be adopted in each case. The table sets out the position regarding the adoption of the revised Code of Practice in all of the agencies under the Department's remit. My Department will continue to work with all the agencies concerned to ensure that both the internal practices of the bodies and their external relations with the Government, the Oireachtas, the Minister for Finance and my own Department, meet the highest standards of corporate governance.
| Agency | Revised Code adopted at Board Meeting | Training Undertaken | Monitoring In Place |
| Affordable Homes Partnership | Yes | YesExecutive training has been provided in relation to performance management. Advice has been received on implementation issues for new areas of the Code including risk and performance management. | YesThe Board has requested that the Audit and Risk Committee ensures that, as part of the annual audit plan, procedures are put in place to provide assurance on compliance with the Code. A Chief Risk Officer has been appointed. |
| An Bord Pleanála | Not as yet | YesStaff from the agency have received training and the IPA have been engaged to provide guidance on a strategy framework for the organisation. | YesThere are monitoring procedures in place through the Director of Corporate Affairs, Board Secretary and Internal Auditor to ensure compliance with the previous code of practice. The Board is fully aware of the new Code and is reviewing its procedures to determine what changes, if any, are required to these. |
| An Comhairle Leabharlanna | Not as yetScheduled for next meeting of the Board | Not as yetTraining being arranged with the LGMSB. | YesExisting procedures will be reviewed after formal adoption of revised code. |
| Building Regulations Advisory Board | *see earlier note in relation to the application of the Code being proportional to the size and structure of the body | n/a | n/a |
| Comhar | *see earlier note in relation to the application of the Code being proportional to the size and structure of the body | n/a | n/a |
| Designated Appeals Advisory Board | *see earlier note in relation to the application of the Code being proportional to the size and structure of the body | n/a | n/a |
| Dublin Docklands Development Authority | Yes | Not as yet | YesInternal controls are in place, overseen by the Board, to ensure proper compliance. Some of these controls are being enhanced. |
| Fire Services Council | *see earlier note in relation to the application of the Code being proportional to the size and structure of the body | n/a | n/aLocal Government Computer Services BoardNot as yet |
The LGMSB will shortly be merged with the LGCSB to form the LGMA, which will comply fully with the new Code. Pending the enactment of the necessary legislation, both Boards have appointed the same members to their respective Boards and continue to comply with the 2001 Code.
| Not as yetFull adoption planned post merger. See note below. | Not as yetSee note below | |
| Local Government Management Services Board | Not as yet - see footnote above | Not as yetFull adoption planned post merger. See note below.Not as yetSee note below |
| Environmental Protection Agency | Not as yetAdoption planned after training is completed in early 2010. | Not as yetTraining planned for January 2010.YesCurrent monitoring structures will be reviewed after adoption of new code. |
| Heritage Council | Not as yetScheduled for next meeting of the Board in February 2010 | Not as yetThe Board will consider this at its meeting in FebruaryYesCurrent monitoring structures will be reviewed after adoption of new code |
| Housing Finance Agency | Yes | YesDirectors of the agency receive induction training on corporate governance matters, including the Code. Further training is planned.Yes |
| Irish Water Safety | Yes | Not as yetThe requirement for training is under review by the BoardYesOngoing monitoring by the Finance Committee |
| Limerick Northside Regeneration Agency | Yes | Not as yetA suite of Governance Manuals (10) have been prepared and circulated within the agency to reflect the revised CodeYesInternal compliance mechanisms in place |
| Limerick Southside Regeneration Agency | Yes | Not as yetA suite of Governance Manuals (10) have been prepared and circulated within the agency to reflect the revised CodeYesInternal compliance mechanisms in place |
| National Building Agency | Not as yetFormal adoption scheduled for next meeting of the Board in mid-December 09 – 2 presentations given to date to Board on new procedures | YesCEO and Company Secretary have received formal training and have presented outcomes to BoardYesMonitoring being overseen by current Board. However new range of monitoring procedures will be adopted once final decisions have been made on merging of housing agencies and new structures in 2010. |
| Private Residential Tenancies Board | Yes | YesYes |
| Radiological Protection Institute of Ireland | Not as yetScheduled for Board meeting in early 2010 | Not as yetThe Executive of the agency are reviewing changes in the new code and preparing to update their Corporate Governance ManualYesThe RPII Audit Committee regularly reviews compliance with the Code. |
| Rent Tribunal | *see earlier note in relation to the application of the Code being proportional to the size and structure of the body |
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