S.I. No. 127/2004 - Environmental Protection Agency (Selection Procedures) Regulations 2004

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 6 , 21 (11) and 24 (7) of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), hereby makes the following Regulations:—

1.  These Regulations may be cited as the Environmental Protection Agency (Selection Procedures) Regulations 2004.

2.  The Environmental Protection Agency (Selection Procedures) Regulations 1992 ( S.I. No. 215 of 1992 ), the Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002 ( S.I. No. 15 of 2002 ) and the Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 ( S.I. No. 91 of 2003 ) are hereby revoked.

3.  (1)  In these Regulations, any reference to an article which is not otherwise identified is a reference to an article of these Regulations.

(2)  In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3)  In these Regulations:—

“the Act of 1992” means the Environmental Protection Agency Act, 1992 ;

“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;

“the committee” means the committee provided for in section 21 of the Act of 1992;

“Director General” means the Director General of the Agency;

“director” means a director of the Agency other than the Director General;

“the Minister” means the Minister for the Environment, Heritage and Local Government.

4.  (1)  Whenever a request is made under section 21 or 24 of the Act of 1992 to the committee for the selection of candidates for appointment to be the Director General or to be a director—

(a)   the committee shall meet on a day and at a time and place determined by the Secretary General to the Government or, where an appointment is made by the Minister pursuant to section 21(3) of the Act of 1992 in the case of the Secretary General to the Government, by the Secretary General of the Department of the Environment, Heritage and Local Government, who shall cause to be communicated to the other members of the committee the day, time and place of the meeting, and

(b)   the committee shall, before selecting candidates for appointment to the office of Director General or director as the case may be, pursuant to the request, cause an advertisement to be published inviting applications for appointment to such office.

(2)  An advertisement published pursuant to paragraph (b) of sub-article (1) shall specify a period of not less than twenty-one days for the making of applications and any application which is not received by the committee within the period so specified shall be invalid.

5.  Applications shall include a curriculum vitae and particulars of the special knowledge and experience and other qualifications and personal qualities which the applicant considers relevant to the application, having regard to any qualifications specified by the Minister.

6.  Where the committee receive an application, they may require the applicant to submit within a period of not more than twenty-one days such further particulars as they may require (including any evidence which the committee may reasonably require to verify any particulars given by the applicant in or in relation to his or her application).

7.  (1)  Where the committee consider it necessary for the purposes of selecting candidates, they may, subject to sub-article (2), invite applicants to attend for interview at a day, time and place determined by the committee.

(2)  Where the committee decide to invite applicants to attend for interview pursuant to sub-article (1), the committee may, in their absolute discretion, invite to attend for interview only those applicants who, following due consideration of the information and particulars furnished by the applicants, appear to the committee to be likely to be suitable to be considered for selection as candidates for appointment to the office of Director General or director as the case may be.

8.  Where an applicant does not attend for interview at the day, time and place determined by the committee or does not furnish such particulars or evidence as may be requested within the specified period pursuant to article 6, the committee may, in their absolute discretion, decide that the applicant shall not be entitled to further consideration by the committee for selection as a candidate for appointment to the office of Director General or director as the case may be.

9.  (1)  The committee shall hold such meetings as may be necessary for the performance of their functions.

(2)  The quorum for a meeting of the committee shall be four.

(3)  The Secretary General to the Government shall preside at meetings of the committee at which he or she is present.

(4)  If the Secretary General to the Government is not present at a meeting of the committee, the Secretary General of the Department of the Environment, Heritage and Local Government shall preside at the meeting.

(5)  Every question at a meeting of the committee shall be determined by a majority of votes of the members present.

(6)  The committee may invite the Director General to attend, as an observer, any of their meetings relating to the appointment of a Director General or a director as the case may be.

10.  Subject to the provisions of article 9 the committee shall regulate their own procedure.

11.  An officer of the Office of the Civil Service and Local Appointments Commissioners, designated by the Commissioners, shall act as secretary of the committee.

EXPLANATORY NOTE.

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

These Regulations revoke the Environmental Protection Agency (Selection Procedures) Regulations, 1992, ( S.I. No. 215 of 1992 ), the Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002, ( S.I. No. 15 of 2002 ) and the Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 ( S.I. No. 91 of 2003 ) to set out the procedures to be adopted by the committee which has been established to select candidates for appointment to be the Director General or director of the Environmental Protection Agency and deal with related matters.