Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015
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PART 7 Establishment and Functions of Policing Authority | ||
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Establishment and functions of Policing Authority | ||
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44. The Principal Act is amended by the insertion of the following Part after Part 2: | ||
“PART 2A | ||
Establishment and Functions of Policing Authority | ||
Establishment day of Authority | ||
62A. The Minister shall, by order, appoint a day to be the establishment day of the Authority. | ||
Establishment of Authority | ||
62B. (1) On the establishment day of the Authority, a body to be known as an tÚdarás Póilíneachta or, in the English language, the Policing Authority stands established to perform the functions assigned to it by this Act. | ||
(2) The Authority shall be a body corporate with perpetual succession and an official seal and may sue, or may be sued, in its corporate name. | ||
(3) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of property other than land or an interest in land. | ||
(4) The official seal of the Authority shall be authenticated by the signature of— | ||
(a) a member of the Authority, and | ||
(b) the Chief Executive or other member of the staff of the Authority authorised by the Authority to act in that behalf. | ||
(5) Judicial notice shall be taken of the seal of the Authority and every document purporting— | ||
(a) to be an instrument made by the Authority, and | ||
(b) to be sealed with the seal of the Authority authenticated in accordance with subsection (4), | ||
shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown. | ||
(6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority to act in that behalf. | ||
(7) Subject to this Act, the Authority shall be independent in the performance of its functions. | ||
Membership of Authority | ||
62C. (1) Subject to this section, the Authority shall comprise 9 members who are to be appointed by the Government: | ||
(a) a chairperson; | ||
(b) 8 ordinary members. | ||
(2) In appointing the members of the Authority, the Government shall have regard to the objective of there being no fewer than 4 members who are women and no fewer than 4 members who are men. | ||
(3) The Government may, before the establishment day of the Authority, designate a person to be appointed as the first chairperson of the Authority. | ||
(4) If, immediately before the establishment day of the Authority, a person stands designated under subsection (3), the person shall, on that day, stand appointed as the first chairperson of the Authority. | ||
(5) The Government may, before the establishment day of the Authority, designate persons to be appointed as the first ordinary members of the Authority. | ||
(6) If, immediately before the establishment day of the Authority, a person stands designated under subsection (5), the person shall, on that day, stand appointed as an ordinary member of the Authority. | ||
(7) Except for the first appointed members of the Authority and subject to section 62E(5), a person shall not be appointed as a member of the Authority unless a resolution has been passed by each House of the Oireachtas recommending his or her appointment. | ||
(8) Except for the first appointed ordinary members of the Authority and subject to section 62E(5), the Government shall appoint the ordinary members of the Authority from among such persons as are recommended by the Service in accordance with section 62D for appointment as such ordinary members. | ||
Recommendations for appointment of ordinary members of Authority | ||
62D. (1) The Government shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as ordinary members of the Authority. | ||
(2) Subject to subsection (3), the Minister shall agree with the Service the selection criteria and process that are to apply to the selection competition. | ||
(3) In making recommendations of persons who are suitable for appointment as ordinary members of the Authority under this section, the Service shall have regard to the desirability of the members of the Authority possessing knowledge of, and experience in, matters connected with the following: | ||
(a) policing matters; | ||
(b) human rights and equality matters; | ||
(c) public sector administration; | ||
(d) board management and corporate governance; | ||
(e) work undertaken by voluntary or other groups or bodies with local communities, in particular, for the purpose of promoting safety in the community, the prevention of crime or promoting awareness of other issues that are relevant to policing services. | ||
(4) Subject to subsection (3), a person shall not be recommended by the Service under this section unless the Service is satisfied that the person is suitable for appointment as an ordinary member of the Authority by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions of the Authority under this Act. | ||
(5) The Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person whom it recommends under this section as suitable for appointment as an ordinary member of the Authority. | ||
(6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the ordinary membership of the Authority. | ||
Terms and conditions of appointment of members of Authority | ||
62E. (1) Subject to subsection (2), a member of the Authority shall hold office, unless the member sooner dies, resigns, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the Government shall determine. | ||
(2) Such four of the ordinary members of the Authority that is first constituted under this Act as are determined by the Government shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members. | ||
(3) A member of the Authority holds office on such terms and conditions as may be determined by the Government at the time of appointment or reappointment. | ||
(4) Subject to subsection (6), a member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment as a member of the Authority. | ||
(5) Where it is proposed to reappoint a person as a member of the Authority, it shall not be necessary for the person— | ||
(a) to participate in a selection competition undertaken by the Service under section 62D or to be recommended for reappointment by the Service, or | ||
(b) to be recommended for reappointment following the passing of a resolution of each House of the Oireachtas. | ||
(6) A person who is reappointed as a member of the Authority in accordance with subsection (4) shall not hold office for periods the aggregate of which exceeds 8 years. | ||
(7) A member of the Authority may resign from office by notice in writing addressed to the Minister and the resignation takes effect on the date the Minister receives the notice or, if a date is specified in the notice and the Government agrees to that date, on that date. | ||
(8) Subject to section 62J(5), the Authority may act notwithstanding one or more vacancies in its membership. | ||
Ineligibility for appointment, disqualification for office of member of Authority or committee, cessation of membership, etc. | ||
62F. (1) A person is not eligible to be recommended for or appointed as a member of the Authority or a committee if he or she is— | ||
(a) a member of either House of the Oireachtas, | ||
(b) entitled under the rules of procedure of the European Parliament to sit in that Parliament, | ||
(c) a member of a local authority, | ||
(d) a member of the Garda Síochána or a member of the civilian staff of the Garda Síochána, | ||
(e) a member of the Ombudsman Commission, or | ||
(f) a member of the Garda Síochána Inspectorate. | ||
(2) A person shall be disqualified for holding and shall cease to hold office as a member of the Authority or a committee if he or she— | ||
(a) is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with his or her creditors, | ||
(c) is convicted on indictment of an offence, | ||
(d) is convicted of an offence involving fraud or dishonesty, | ||
(e) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or | ||
(f) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act. | ||
(3) Where a member of the Authority or a committee is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, or | ||
(d) elected or co-opted as a member of a local authority, | ||
he or she shall thereupon cease to be a member of the Authority or the committee, as the case may be. | ||
Removal of member of Authority | ||
62G. (1) The Government may only remove a member of the Authority from office where— | ||
(a) one or more of the grounds referred to in subsection (2) apply, | ||
(b) subsections (3) to (6) have been complied with, and | ||
(c) a resolution is passed by both Houses of the Oireachtas calling for the removal of the member from office. | ||
(2) The grounds referred to in subsection (1) are that, in the opinion of the Government, the member of the Authority— | ||
(a) has, without reasonable excuse, failed to discharge the functions of the office, | ||
(b) has become incapable through ill health of effectively performing those functions, | ||
(c) has committed stated misbehaviour, | ||
(d) has a conflict of interest of such significance that he or she should cease to hold the office, or | ||
(e) is otherwise unfit to hold the office or unable to discharge its functions. | ||
(3) Where the Government propose to remove a member of the Authority pursuant to subsection (1), the Government shall notify, or cause to be notified, the member concerned in writing of the proposal. | ||
(4) A notification under subsection (3) shall include— | ||
(a) a statement of the reasons for the proposal, | ||
(b) a statement that the member of the Authority concerned may, within 30 working days of the sending of the notification or such longer period as the Government may specify, make representations in the manner specified in the notification to the Government as to why the member should not be removed from office, and | ||
(c) a statement that, where no representations are received within the period specified under paragraph (b), the Government will, without further notice, proceed with the removal of the member of the Authority from office in accordance with this section. | ||
(5) In considering whether to remove a member of the Authority from office in accordance with this section, the Government shall take into account— | ||
(a) any representations made pursuant to subsection (4)(b), and | ||
(b) any other matter that the Government consider relevant for the purposes of the decision. | ||
(6) Where, having taken into account the matters referred to in subsection (5), the Government decide to remove the member of the Authority from office, they shall notify that member in writing of the decision, of the reasons for it and of the intention of the Government to seek a resolution of both Houses of the Oireachtas calling for the removal of that member. | ||
Functions of Authority | ||
62H. (1) Subject to this Act, the Authority shall— | ||
(a) oversee the performance by the Garda Síochána of its functions relating to policing services, | ||
(b) be responsible for— | ||
(i) nominating persons for appointment to the office of Garda Commissioner under section 9(1) or to the rank of Deputy Garda Commissioner under section 10(1), | ||
(ii) appointing persons, in accordance with section 13, to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent in the Garda Síochána, and | ||
(iii) removing or recommending the removal, as the case may be, in accordance with section 11 of members of the Garda Síochána at the ranks referred to in subparagraphs (i) and (ii), | ||
(c) establish, amend or revoke a code of ethics in accordance with section 17, | ||
(d) approve, in accordance with section 21, a strategy statement submitted by the Garda Commissioner, | ||
(e) approve, in accordance with section 22, an annual policing plan submitted by the Garda Commissioner, | ||
(f) perform the functions conferred on it by sections 35 and 36 concerning the establishment and maintenance of joint policing committees, | ||
(g) perform the functions conferred on it by section 117A with regard to monitoring, assessing and reporting to the Minister on the measures taken by the Garda Síochána in relation to recommendations made in a report of the Garda Síochána Inspectorate, | ||
(h) inform the Minister of matters relevant to the accountability of the Government to the Houses of the Oireachtas, | ||
(i) provide information and advice to the Minister with regard to matters relating to policing services, | ||
(j) promote and support the continuous improvement of policing in the State, and | ||
(k) perform any other functions conferred on it by this Act or the regulations. | ||
(2) Without prejudice to the generality of subsection (1), the Authority shall— | ||
(a) keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions and, in particular, shall keep under review the adequacy of— | ||
(i) the corporate governance arrangements and structures within the Garda Síochána, | ||
(ii) the arrangements for the recruitment, training and development of the members and members of the civilian staff of the Garda Síochána, | ||
(iii) the mechanisms in place within the Garda Síochána for the measurement of performance and accountability of such members and staff, and | ||
(iv) the arrangements for managing and deploying the resources available to the Garda Síochána so as to ensure the most beneficial, effective and efficient use of those resources, | ||
(b) provide advice to the Minister before each financial year with regard to the resources that are likely to be required by the Garda Síochána to perform its functions in that financial year, | ||
(c) promote the policing principles, | ||
(d) promote public awareness of matters relating to policing services, | ||
(e) keep the Minister informed of developments in respect of matters relating to policing services and make recommendations to assist the Minister in co-ordinating and developing policy in that regard, | ||
(f) keep itself generally informed as to— | ||
(i) complaints made against members of the Garda Síochána and the application of the Disciplinary Regulations, and | ||
(ii) trends and patterns in crimes committed, | ||
(g) undertake, commission or assist in research projects (including by way of public consultation) and other activities in respect of matters relating to policing services, which in the opinion of the Authority, may— | ||
(i) promote an improvement in standards for those matters and public awareness of them, or | ||
(ii) contribute to a reduction in the number of complaints against members of the Garda Síochána in relation to those matters, | ||
and make recommendations to the Minister arising from those projects or activities, and | ||
(h) provide advice to the Minister with regard to best policing practice. | ||
(3) Subject to this Act, the Authority may do anything which it considers necessary or expedient to enable it to perform its functions, including liaising and co-operating with bodies (whether statutory or otherwise) that are relevant to those functions. | ||
(4) Any function of the Authority, other than nominating a person for appointment to, or recommending the removal of a person from, the office of Garda Commissioner or Deputy Garda Commissioner, may be performed through or by the Chief Executive or other member of its staff duly authorised in that behalf by the Authority. | ||
(5) The Chief Executive or other member of the staff of the Authority who, pursuant to subsection (4), performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown. | ||
(6) The Authority may provide for the performance by a committee, under the general direction of the Authority, of one or more of its functions, other than nominating a person for appointment to, or recommending the removal of a person from, the office of Garda Commissioner or Deputy Garda Commissioner. | ||
Authority to have regard to security services | ||
62I. The Authority shall, in performing its functions under this Act and in addition to all other matters to which the Authority may properly have regard, have regard to the importance of the functions of the Garda Síochána concerning security services. | ||
Meetings and business | ||
62J.(1) The Authority shall hold such and so many meetings as may be necessary for the due performance of its functions, including meetings with the Garda Commissioner. | ||
(2) Subject to subsections (3) and (4), the Authority may, where it considers it appropriate to do so, permit— | ||
(a) members of the public to attend, and | ||
(b) the media to record and broadcast, | ||
any meeting or a part of a meeting of the Authority. | ||
(3) Members of the public may attend, and the media shall be permitted to record and broadcast, not less than four meetings of the Authority with the Garda Commissioner in each year. | ||
(4) The Authority may publish all or any of the following: | ||
(a) agendas for its meetings and those of its committees; | ||
(b) the papers relating to those meetings; | ||
(c) such reports of those meetings as it considers appropriate. | ||
(5) The quorum for a meeting of the Authority shall be 5 or such other number, not being less than 5, as the Authority shall determine. | ||
(6) The chairperson of the Authority shall fix the date, time and place of the first meeting of the Authority. | ||
(7) At a meeting of the Authority— | ||
(a) if the chairperson thereof is present, he or she shall be the chairperson of the meeting, or | ||
(b) if and for so long as the chairperson is not present or if the office of chairperson is vacant, the ordinary members of the Authority who are present shall choose one of their number to act as the chairperson of the meeting. | ||
(8) Each member of the Authority present at a meeting of the Authority shall have a vote. | ||
(9) At a meeting of the Authority, a question on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote. | ||
(10) In addition to a meeting with all participants physically present, the Authority may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time. | ||
(11) Subject to this Act, the Authority may determine its own procedures. | ||
Committees of Authority | ||
62K. (1) The Authority may establish committees to— | ||
(a) assist and advise it in relation to the performance of all or any of its functions, and | ||
(b) perform such functions of the Authority as may stand delegated to them. | ||
(2) In appointing the members of a committee, the Authority shall— | ||
(a) have regard to the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee, and | ||
(b) have regard to the desirability of there being such balance between men and women on the committee as is appropriate. | ||
(3) A committee— | ||
(a) shall consist of such number of members as the Authority may determine, and | ||
(b) may include persons who are not members of the Authority or its staff. | ||
(4) The Authority may— | ||
(a) appoint a person to be the chairperson of a committee, and | ||
(b) at any time dissolve a committee. | ||
Power to appoint consultants and advisers and to enter into contracts | ||
62L. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, as it considers necessary to assist it in the performance of its functions— | ||
(a) enter into contracts with persons, or | ||
(b) appoint consultants or advisers, | ||
or both. | ||
(2) There may be paid by the Authority, out of the resources at its disposal, to persons, consultants or advisers referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by them as the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, may determine. | ||
(3) The appointment of a person as a consultant or adviser shall be for such period and on such terms and conditions as the Authority considers appropriate. | ||
Confidentiality of certain information | ||
62M. (1) A person who is or was a member of the Authority or a committee or the Chief Executive or other member of the staff of the Authority or who is or was engaged under contract or other arrangement by the Authority shall not disclose, in or outside the State, any information obtained in the course of carrying out the duties of that person’s office, employment, contract or other arrangement if the person knows the disclosure of that information is likely to have a harmful effect. | ||
(2) For the purpose of this section, the disclosure of information referred to in subsection (1) does not have a harmful effect unless it— | ||
(a) facilitates the commission of an offence, | ||
(b) prejudices the safekeeping of a person in legal custody, | ||
(c) impedes the prevention, detection or investigation of an offence, | ||
(d) impedes the apprehension or prosecution of a suspected offender, | ||
(e) prejudices the security of any system of communication of the Garda Síochána, | ||
(f) results in the identification of a person— | ||
(i) who is a witness in a criminal proceeding or who has given information in confidence to a member of the Garda Síochána, and | ||
(ii) whose identity is not at the time of the disclosure a matter of public knowledge, | ||
(g) results in the publication of information that— | ||
(i) relates to a person who is a witness to or a victim of an offence, and | ||
(ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from giving evidence or reporting an offence, | ||
or | ||
(h) results in the publication of personal information (within the meaning of section 2 (1) of the Freedom of Information Act 2014 ) and constitutes an unwarranted and serious infringement of a person’s right to privacy. | ||
(3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect. | ||
(4) Subsection (1) does not prohibit a person from disclosing information referred to in that subsection if the disclosure— | ||
(a) is made to— | ||
(i) the Garda Commissioner, | ||
(ii) the Minister, | ||
(iii) the Attorney General, | ||
(iv) the Director of Public Prosecutions, | ||
(v) the Chief State Solicitor, | ||
(vi) the Criminal Assets Bureau, | ||
(vii) the Comptroller and Auditor General, | ||
(viii) the Ombudsman Commission or an officer of the Commission, | ||
(ix) the Garda Síochána Inspectorate or an officer of the Inspectorate, | ||
(x) the Revenue Commissioners, or | ||
(xi) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of the member’s functions, | ||
(b) is made to a court, | ||
(c) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act, | ||
(d) is made in the course of, and in accordance with, the duties of that person’s office or employment or his or her duties under a contract or other arrangement with the Authority, | ||
(e) is authorised by the chairperson of the Authority, or | ||
(f) is otherwise authorised by law. | ||
(5) A person who contravenes subsection (1) is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both. | ||
(6) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information is guilty of an offence and is liable— | ||
(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years or both. | ||
(7) The provisions of this section are in addition to, and not in substitution for, the provisions of the Official Secrets Act 1963 . | ||
Strategy statement of Authority | ||
62N. (1) Subject to subsection (2), every 3 years the Authority shall prepare and submit to the Minister a strategy statement for the following 3 years. | ||
(2) The first strategy statement shall be prepared by the Authority and submitted to the Minister as soon as practicable after the establishment day of the Authority and shall relate to the period from its submission to the Minister until the day immediately before the third anniversary of the establishment day of the Authority. | ||
(3) A second or subsequent strategy statement shall be prepared by the Authority and submitted to the Minister within the period of 6 months before the expiry of the period to which the previous strategy statement relates and the second or subsequent strategy statement shall relate to the period of 3 years from the anniversary of the establishment day of the Authority concerned. | ||
(4) The Authority shall, in a strategy statement prepared under this section— | ||
(a) set out the key objectives, outputs and related strategies of the Authority, including the use of its resources, and | ||
(b) have regard to the need to ensure the most beneficial and efficient use of the resources of the Authority. | ||
(5) Before submitting a strategy statement to the Minister in accordance with this section, the Authority— | ||
(a) may publish in such manner as the Authority considers appropriate a draft of the strategy statement and, where it publishes the draft, it shall allow persons 30 days from the date of that publication within which to make representations in writing to the Authority with regard to the draft strategy statement, and | ||
(b) following consultation under paragraph (a) and, where appropriate, having considered the representations (if any) made, shall submit the strategy statement to the Minister with or without modifications to take account of such representations. | ||
(6) The Minister shall cause a copy of a strategy statement prepared and submitted to him or her pursuant to this section to be laid before each House of the Oireachtas as soon as practicable after the strategy statement has been received by him or her. | ||
Reports to Minister | ||
62O. (1) Not later than 3 months after the end of each year, the Authority shall submit to the Minister a report on its activities in the immediately preceding year. | ||
(2) The Authority shall, within 2 years from the establishment day of the Authority, submit to the Minister a report on— | ||
(a) the effectiveness of the Authority, and | ||
(b) the adequacy of the functions assigned to it by this Act. | ||
(3) The report submitted under subsection (2) may contain recommendations for improving the effectiveness of the Authority. | ||
(4) At the end of each 5 year period commencing with the establishment day of the Authority, the Authority shall submit to the Minister a report reviewing the general performance of its functions in the preceding 5 years. | ||
(5) The Authority may make any other reports that it considers appropriate for drawing to the attention of the Minister matters that have come to its notice and that, in its opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Minister. | ||
(6) The Minister may request the Authority to prepare and submit to him or her a report in respect of any matter relating to policing services, and the Authority shall comply with the request as soon as practicable after receiving it. | ||
(7) The Minister shall cause a copy of a report under this section to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report. | ||
Chief Executive | ||
62P. (1) There shall be a chief executive officer of the Authority who, subject to subsections (2) and (3), shall be appointed by the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, and who is referred to in this Act as the ‘Chief Executive’. | ||
(2) The Minister may, before the establishment day of the Authority, designate a person to be the first chief executive officer of the Authority. | ||
(3) If, immediately before the establishment day of the Authority, a person stands designated by the Minister under subsection (2), the Authority shall appoint that person to be the first Chief Executive. | ||
(4) The Chief Executive shall— | ||
(a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration) as are determined by the Authority with the consent of the Minister and the Minister for Public Expenditure and Reform, and | ||
(b) be paid out of moneys at the disposal of the Authority. | ||
(5) The Chief Executive shall— | ||
(a) have the appropriate experience, qualifications, training and expertise for the appointment, and | ||
(b) be appointed by the Authority following a selection competition. | ||
(6) The Chief Executive shall— | ||
(a) implement the policies and decisions of the Authority, | ||
(b) manage and control generally the staff, administration and business of the Authority, and | ||
(c) perform such other functions (if any) as may be required by the Authority or as may be authorised under this Act. | ||
(7) The Chief Executive may be removed or suspended from office by the Authority, with the consent of the Minister, for stated reasons. | ||
(8) The Chief Executive shall not be a member of the Authority or a committee, but he or she may, in accordance with procedures established by the Authority or such a committee, as the case may be, attend meetings of the Authority or a committee and shall be entitled to speak at and give advice at such meetings. | ||
(9) The Chief Executive shall provide the Authority with such information, including financial information, in respect of the performance of his or her functions as the Authority may require. | ||
(10) The Chief Executive shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Authority. | ||
(11) If the Chief Executive— | ||
(a) dies, resigns or is removed from office, or | ||
(b) is for any reason temporarily unable to continue to perform his or her functions, | ||
the Authority may designate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the Chief Executive until— | ||
(i) in the circumstances mentioned in paragraph (a), a new Chief Executive is appointed in accordance with this section, or | ||
(ii) in the circumstances mentioned in paragraph (b), the Chief Executive is able to resume the performance of his or her functions. | ||
Staff of Authority | ||
62Q. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Authority as it may determine. | ||
(2) The terms and conditions of service of a member of the staff of the Authority, and the grade at which he or she serves, shall be such as may be determined by the Authority with the consent of the Minister and the Minister for Public Expenditure and Reform. | ||
(3) Members of staff of the Authority are civil servants in the Civil Service of the State. | ||
(4) The Authority is the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of its staff. | ||
Accountability for accounts of Authority | ||
62R. The Chief Executive is the accounting officer in relation to the appropriation accounts of the Authority for the purposes of the Comptroller and Auditor General Acts 1866 to 1998. | ||
Accountability of Authority to other Oireachtas Committees | ||
62S. (1) Subject to subsection (2), the Chief Executive shall, at the request in writing of a committee, attend before it to give account for the general administration of the Authority. | ||
(2) The Chief Executive shall not be required to give account before a committee for any matter that is, or is likely to be, the subject of proceedings before a court or tribunal in the State, including a tribunal of inquiry established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 and a commission of investigation established under the Commissions of Investigation Act 2004 . | ||
(3) The Chief Executive shall, if of opinion that subsection (2) applies to a matter about which he or she is requested to give account before a committee, inform the committee of that opinion and the reasons for the opinion. | ||
(4) The information required under subsection (3) shall be given to the committee in writing unless it is given when the Chief Executive is before the committee. | ||
(5) If, on being informed of the opinion of the Chief Executive about the matter, the committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter. | ||
(6) Either the Authority or the committee may apply in a summary manner to the High Court for a determination under subsection (5), but only if the application is made within 21 days after the date on which the Chief Executive is informed of the decision of the committee not to withdraw its request. | ||
(7) Pending the determination of an application under subsection (6), the Chief Executive shall not attend before the committee to give account for the matter that is the subject of the application. | ||
(8) If the High Court determines that subsection (2) applies to the matter, the committee shall withdraw its request insofar as it relates to the matter, but if the Court determines that subsection (2) does not apply, the Chief Executive shall attend before the committee to give account for the matter. | ||
(9) In carrying out duties under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. | ||
(10) In this section ‘committee’ means— | ||
(a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or | ||
(b) a sub-committee of a committee falling under paragraph (a).”. |