Written answers
Thursday, 7 July 2016
Department of Education and Skills
Corporate Governance
Frank O'Rourke (Kildare North, Fianna Fail)
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105. To ask the Minister for Education and Skills the procedures in place, in view of the emphasis his Department has on new corporate governance guidelines for agencies under his remit, to ensure persons deemed to be debtors are not actively engaged in the management of such agencies while such debts are not discharged; the procedures in place to notify his Department of any such debtors who are members of boards under his aegis; if debtors are currently on boards under his aegis; and if he will make a statement on the matter. [20215/16]
Richard Bruton (Dublin Bay North, Fine Gael)
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My Department's oversight of corporate governance for agencies is informed by the stipulations of the Department of Public Expenditure and Reforms Code of Practice for State Agencies.
Additionally the Standards in Public Office Commission operates a supervisory role under the Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001, to underpin oversight of accountability in Irish public life.
The tax clearance provisions of the Standards in Public Office Act 2001 apply to persons appointed to "senior office", i.e. to a designated position of employment or to a designated Board membership in a public body under the 1995 Ethics Act, in relation to which the remuneration is not less than the lowest remuneration of a Deputy Secretary General in the civil service. All persons appointed to a designated Board membership "senior office" must provide to the Standards in Public Office Commission not more than nine months after the date on which he or she is appointed:
- a tax clearance certificate that is in force and was issued to the person not more than nine months before, and not more than nine months after, the appointment date; or
- an application statement that was issued to the person and was made not more than nine months before, and not more than nine months after, the appointment date; and
- a statutory declaration, made by the person not more than one month before, and not more than one month after, the date of appointment, that he or she, to the best of his or her knowledge and belief, is in compliance with the obligations imposed on him or her by the Tax Acts and is not aware of any impediment to the issue of a Tax Clearance Certificate.
Investigations
Board members and employees in public bodies can be subject to an investigation by the Standards Commission, either where it considers it appropriate to do so, or following a complaint, or where there is contravention of the tax clearance requirements.
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