S.I. No. 446/2001 - Crisis Pregnancy Agency (Establishment) Order, 2001

The Minister for Health in exercise of the powers conferred on him by section 3 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961) as amended by section 22 of the Health (Amendment) (No. 3) Act, 1996 (No 32 of 1996) hereby orders as follows:

1.       This Order may be cited as the Crisis Pregnancy Agency (Establishment) Order 2001.

2.       In this Order:

“Crisis pregnancy” means a pregnancy which is neither planned nor desired by the woman concerned, and which represents a personal crisis for her;

the “Agency” means the Crisis Pregnancy Agency established by this Order;

the “Chairperson” means the Chairperson for the time being of the Agency;

“officer” means an employee of the Agency;

“the Minister” means the Minister for Health and Children.

3.       A body to be known as the Crisis Pregnancy Agency is hereby established.

4.       The functions of the Agency are as follows:

(i)       in consultation with Departments of State specified in the Schedule and with such other persons as considered appropriate, to prepare a strategy to address the issue of crisis pregnancy, this strategy to provide, inter alia, for:

(a)      a reduction in the number of crisis pregnancies by the provision of education, advice and contraceptive services;

(b)      a reduction in the number of women with crisis pregnancies who opt for abortion by offering services and supports which make other options more attractive;

(c)      the provision of counselling and medical services after crisis pregnancy.

(ii)      to work in partnership with the appropriate agencies to promote and co-ordinate the attainment of the objectives contained in the strategy;

(iii)     to promote the development by Departments of State and appropriate agencies of an operational plan to implement the strategy in its own sphere of responsibility;

(iv)     to monitor and review the attainment of the objectives in the operational plans at (iii);

(v)      to produce periodic reports on progress and to propose remedial action where required;

(vi)     to take such measures and engage in such activities as it considers necessary to address the issue of crisis pregnancy;

(vii)     to draw up codes of best practice for consideration by agencies and individuals involved in providing services to women with crisis pregnancies;

(viii)    to promote and commission research into aspects of crisis pregnancy, as considered necessary;

(ix)     to furnish whenever it is so required by the Minister or on its own initiative, advice to the Minister or other Ministers of the Government on issues relating to crisis pregnancy;

(x)      to perform any other function in relation to crisis pregnancy that the Minister may from time to time assign to it.

5.       The Agency may, in relation to the performance of its functions, publish documents and organise conferences.

6.       (1)     The Agency shall consist of 9 members appointed by the Minister.

(2)     The Minister shall appoint from amongst the members a Chairperson who shall hold office until he or she ceases to be a member of the Agency or until the Minister appoints another person to be Chairperson.

(3)     Each member of the Agency shall be appointed to serve for a period of 5 years unless he or she sooner dies, resigns or ceases to be a member of the Agency in accordance with this Article.

(4)     In the event of a casual vacancy arising through the death, resignation or cessation of membership under this article of a member of the Agency, the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as member of the Agency for the unexpired term of office of the said member.

(5)     A member shall cease to be a member of the Agency on his or her being requested by the Minister to resign.

(6)     The quorum for a meeting of the Agency shall be 5.

(7)     The Agency shall hold such and as many meetings as may be necessary for the performance of its functions.

(8)     The Agency may regulate by standing orders or otherwise, its procedures and business.

7.       The proceedings of the Agency shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointment of the Agency or any member thereof.

8.       The Chairperson may, at any time, upon giving not less than 5 working days' notice call a meeting of the Agency.

9.       If the Chairperson fails, neglects or refuses to call a meeting of the Agency after a requisition for that purpose, signed by not less than six members of the Agency has been presented to him or her, any members of the Agency may forthwith on that refusal, call a meeting of the Agency, such meeting not to be held until subsequent to the expiry of 5 working days commencing on the date of such refusal.

10.     At a meeting of the Agency:

(1)     the Chairperson shall, if he or she is present, be Chairperson of the meeting;

(2)     if and so long as the Chairperson is not present, the members of the Agency who are present shall choose one of their number to be Chairperson of the meeting.

11.     Minutes of the proceedings of each meeting of the Agency shall be kept and shall be verified by the Chairperson of the next ensuing meeting.

12.     The names of the members present at a meeting of the Agency shall be recorded in the records of the proceedings of the Agency.

13.     (1)     A person (other than the Chairperson) shall not receive any remuneration for acting as a member of the Agency.

(2)     Members of the Agency may be paid travelling and subsistence allowances in accordance with such scale as may from time to time be approved by the Minister.

14.     (1)     All acts of the Agency and all questions coming or arising before the Agency may be done and decided by a majority of such members of the Agency as are present and vote at a meeting of the Agency.

(2)     In the case of equality of votes on any question arising at a meeting of the Agency, the Chairperson of that meeting shall have a second or casting vote.

15.     (1)     In order to facilitate the discharge of the functions of the Agency, the Minister may establish a committee (“the Committee”), consisting of not more than 20 members, whose functions shall be to advise the Agency in relation to (a) any matters pertaining to crisis pregnancy as are referred to it by the Agency and (b) any other matters coming within the remit of the Agency.

(2)     (a)      The Minister shall appoint the Chairperson of the Committee;

(b)      The Chairperson of the Committee shall be a member of the Agency;

(c)      The Committee may from time to time establish subcommittees to advise it in relation to the performance of its functions.

(d)      The Committee may appoint to a subcommittee established under this article persons who have a special knowledge and experience related to the purposes of the subcommittee.

(e)      The appointment of a person to a subcommittee established under this subsection shall be subject to such terms and conditions as the Committee may determine.

(f)      The Committee may at any time dissolve a subcommittee established under this subsection,

(g)      The acts of a subcommittee established under this subsection shall be subject to confirmation by the Committee unless the Committee dispenses with the necessity for confirmation.

(h)      The Committee may regulate the procedure of subcommittees established under this Article, but, subject to any such regulation, subcommittees established under this Article may regulate their own procedure.

(i)       The Committee shall notify the Agency of the establishment of a subcommittee, of the purpose of the subcommittee and of the names of the members thereof.

(j)      The Agency may, if it considers it appropriate, appoint additional persons to be members of any subcommittee.

(k)      A member of a committee established under this article shall not receive any remuneration for acting as a member of the committee, but may be paid such travelling and subsistence allowances as may be approved by the Agency.

16.     (1)     The Minister may pay to the Agency, in each year out of moneys provided by the Oireachtas, a grant or grants, of such amount or amounts as the Minister may decide.

(2)     Within 20 working days of having been notified by letter of its grant or grants for a financial year, the Agency shall submit to the Minister a service plan for the year in such terms as the Minister may determine.

17.     (1)     The Agency shall keep all proper and usual accounts of all moneys received or expended by the Agency including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

(2)     The financial year of the Agency shall be the period of 12 months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the date of this Order and ending on the 31st December, 2001, shall be deemed to be a financial year.

(3)     A statement of accounts of the Agency for each financial year shall be prepared and after such preparation be subject to audit by the Comptroller and Auditor General under section (5) of the Comptroller and Auditor General (Amendment) Act, 1993 .

18.     (1)     The Agency shall in each year subsequent to its establishment, not later than 30th June, make a report to the Minister of its activities during the preceding year and the Minister shall cause copies of the Report to be laid before each House of the Oireachtas.

(2)     The Agency shall submit to the Minister such information regarding the performance of its functions as the Minister may from time to time request.

19.     (1)     There shall be a chief executive officer of the Agency who shall be called the Director of the Agency and is in this order referred to as “the Director”.

(2)     The Minister may appoint the first Director.

(3)     Subsequent Directors shall be appointed by the Agency.

(4)     The Director shall hold office for a period not exceeding 5 years, unless reappointed for a further period upon the expiry of this term of office, and upon such terms and conditions (other than terms and conditions relating to remuneration and allowances for expenses) as the Agency may, with the approval of the Minister, determine from time to time.

(5)     The terms and conditions relating to the remuneration and allowances for expenses of the Director shall be such as may be determined from time to time by the Minister, with the consent of the Minister for Finance.

(6)     The Director shall perform such functions as the Agency may determine from time to time.

(7)     The Director shall not be a member of the Agency but shall be entitled to attend at all meetings of the Agency unless the Agency otherwise decides.

20.     (1)     The Agency may, with the consent of the Minister and of the Minister for Finance, appoint such and so many officers as the Agency may, from time to time think proper and in appointing any such officers, the Agency shall comply with any directions given by the Minister relating to the procedure to be followed.

(2)     Officers of the Agency shall be appointed on a contractual basis for such periods as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

(3)     The Agency shall, with the consent of the Minister and of the Minister for Finance, determine the remuneration and conditions of service of its officers.

(4)     The Director shall, from time to time, assign such duties as he/she considers appropriate to each officer and each such officer shall perform the duties so assigned to him or her.

(5)     Permanent officers of the Agency shall retire at 65 years.

21.     The Agency may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this article shall be paid by the Agency out of moneys at its disposal.

22.     (1)     The Agency shall, as soon as may be after the establishment day, provide itself with a seal.

(2)     The seal of the Agency shall be authenticated by the signature of its Chairperson or some other member of the Agency authorised by it to act in that behalf, and by the signature of an officer of the Agency authorised by the Agency to act in that behalf.

(3)     Judicial notice shall be taken of the seal of the Agency, and every document purporting to be an instrument made by the Agency and to be sealed with the seal (purporting to be authenticated in accordance with paragraph (2) of this Article) of the Agency shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

23.     (1)     A member of the Agency who is either directly or indirectly interested in any company or concern with which the Agency proposes to make any contract, or in any contract which the Agency proposes to make, shall disclose or cause to be disclosed to the Agency the fact and nature of such interest at the meeting of the Agency at which the question of entering into such a contract is first considered or, if he or she has no such interest at that time, as soon as may be after he or she has acquired such interest.

(2)     A disclosure under this Article shall be recorded in the records of the Agency.

(3)     Where a member of the Agency has an interest, to which paragraph (1) of this Article relates, in a proposed contract or in a contract, if made, the member, at a meeting of the Agency shall:—

(a)      take no part in any deliberations relating to the contract or proposed contract, except to such extent as the Chairperson of the meeting may permit;

(b)      not vote upon any proposed decision relating to the contract or proposed contract, and

(c)      for the purposes of paragraphs (1) and (2) of Article 14 of this order, be deemed not to be present while the contract or proposed contract is being deliberated or voted upon.

(4)     Where the Minister is satisfied that a member of the Agency has failed to comply with any requirement of paragraph (1) or (3) of this Article, he may, if he thinks fit, remove that member from membership of the Agency, and, in a case where a person is removed from office pursuant to this paragraph, he shall thenceforth be disqualified from membership of the Agency.

24.     A person shall not, without the consent of the Agency, disclose any information obtained by him while performing duties as a member or officer of, or a consultant or an adviser to, the Agency or a committee established pursuant to Article 15 of this Order.

25.     For the purpose of the performance of its functions:

(1)     (a)      The Agency shall not borrow money without the prior consent of the Minister.

(b)      The borrowing of moneys by the Agency shall be subject to such terms and conditions (if any) as may be specified by the Minister.

(2)     (a)      The Agency may acquire land or buildings subject to the general directions given by the Minister.

(b)      The Agency may, subject to any general directions given by the Minister sell, exchange, let or otherwise dispose of any land or buildings vested in it.

(c)      The Agency may charge fees for services it provides, including for consultancy services, for publications it produces and for attendance at events it organises.

26.     Subject to the approval of the Minister:

(1)     The Agency may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the donor.

(2)     The Agency may not accept a gift if the conditions attached by the donor to its acceptance are not consistent with the functions of the Agency.

(3)     Any funds of the Agency, being a gift or the proceeds of a gift to it, may, subject to any terms and conditions of the gift, be invested in any manner in which a trustee is empowered by law to invest trust funds.

27.     The Agency may invest any of its funds (not being funds to which Article 26 (3) applies) in any manner in which a trustee is empowered by law to invest trust funds.

SCHEDULE

Department of Health and Children;

Department of Education and Science;

Department of Social, Community and Family Affairs;

Department of the Environment and Local Government;

Department of Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 as amended by Section 22 of the Health (Amendment) (No. 3) Act, 1996 , a body known as The Crisis Pregnancy Agency which will, inter alia, prepare and ensure the implementation of plans to address the issue of crisis pregnancy.