Billy Timmins (Wicklow, Independent)
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45. To ask the Minister for Education and Skills the position regarding S32 (2) of the Education and Training Boards Act 2013 (details supplied); if he will amend the legislation accordingly; and if he will make a statement on the matter. [24048/14]

Ruairi Quinn (Dublin South East, Labour)
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The position is that, in accordance with Section 32 (2) of the Education and Training Boards Act 2013, the Minister may by order specify a class, description or grade of position of employment in an education and training board (ETB) the members of which are ineligible to be a member of a board, having regard to the desirability of (a) maintaining the distinction between reserved functions and executive functions of the board and (b) avoiding, as far as possible, any appearance of a conflict of interest that could arise by a member of staff holding a particular class, description or grade of position and, at the same time, being a member of a board.

In accordance with Section 32(2), it is my intention to specify all grades of staff, the duties of which are wholly or mainly of an administrative, executive or clerical nature and the maximum remuneration for which exceeds the maximum remuneration for the office of Clerical Officer. I am doing so in order to maintain a clear distinction between the reserved and executive functions of a board and to avoid the appearance of a conflict of interest were a member of staff also to be a member of the board. My intentions are consistent with the arrangements that applied in the vocational education committees and arrangements that exist elsewhere, for example in regard to the eligibility of staff grades in local authorities to be members of a local authority. I also intend to designate certain specific management grades of ETBs as ineligible.

I note a reference in the correspondence provided by the Deputy that, potentially, certain categories of staff would not be adequately represented on boards under the proposed arrangements. The Deputy should note that the boards of ETBs carry out certain specific reserved functions only, in accordance with the Education and Training Boards Act 2013, and that members of boards are neither elected nor appointed, as the case may be, in order to represent staff or specific categories of staff of a board.