Environmental Protection Agency Act, 1992
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Director General. |
21.—(1) The Director General shall be appointed by the Government. | |
(2) A committee shall be established consisting of— | ||
(a) the Secretary to the Government, | ||
(b) the Secretary of the Department of the Environment, | ||
(c) the Chairperson of the Council of An Taisce—the National Trust for Ireland, | ||
(d) the Managing Director of the Industrial Development Authority, | ||
(e) the General Secretary of the Irish Congress of Trade Unions, and | ||
(f) the Chief Executive of the Council for the Status of Women. | ||
(3) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and— | ||
(a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee, or | ||
(b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period, | ||
the Minister may appoint in the case of— | ||
(i) the Secretary of the Government, some other officer of the Taoiseach who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 , | ||
(ii) the Secretary of the Department of the Environment, some other officer of the Minister for the Environment, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 , | ||
(iii) in any other case, some other person from the organisation or body referred to in subsection (2) to which the person referred to at paragraph (a) or (b) belongs, | ||
to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made. | ||
(4) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and at the time of making the request any of the offices specified in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made. | ||
(5) Where pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil. | ||
(6) (a) The Minister may, by order, amend subsection (2). | ||
(b) Where an order under this subsection is for the time being in force, subsection (2) shall be construed and have effect subject to the terms of the order. | ||
(7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the Director General and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected. | ||
(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the Director General. | ||
(8) Except in the case of a reappointment under subsection (13), the Government shall not appoint a person to be the Director General unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (7) in relation to that appointment. | ||
(9) Notwithstanding subsection (7) or (8), if the Government decide not to appoint to be the Director General any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request— | ||
(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or | ||
(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment. | ||
(10) Notwithstanding subsection (7) or (8), if the committee is unable to select any suitable candidate pursuant to a particular request— | ||
(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or | ||
(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment. | ||
(11) The Minister may make regulations as regards— | ||
(a) the publication of notice that a request has been received by the committee under subsection (7), (9) or (10), | ||
(b) applications for selection, | ||
(c) any other matter which the Minister considers expedient for the purposes of this section. | ||
(12) The Director General shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable. | ||
(13) Subject to the provisions of this section— | ||
(a) the term of office of the Director General shall be seven years, | ||
(b) the Director General may be reappointed by the Government for a second or subsequent term of office of seven years or less if, at the time of his reappointment, he is the outgoing Director General. | ||
(14) (a) The Director General may resign his office by letter addressed to the Minister. | ||
(b) The Director General shall vacate the office of Director General on attaining the age of sixty-five years. | ||
(15) (a) The Director General shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister,with the consent of the Minister for Finance, may determine. | ||
(b) Subject to the provisions of this section, the Director General shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine. | ||
(16) The Director General may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions and, in case the Director General is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal. |