Research and Innovation Act 2024

Terms and conditions of members of Board and of committees

20. (1) A member of the Board, and a member of a committee, shall hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(2) There may be paid by the Agency to members of the Board, and to members of a committee, such remuneration (if any) and such allowances for expenses (if any) as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.

(3) (a) A member of the Board may resign from the Board by notice in writing sent to the Minister and the resignation shall take effect from the date specified in the notice, or the date on which the Minister receives the notice, whichever is the later.

(b) A member who resigns from the Board by notice in writing sent to the Minister shall, not later than at the time of informing the Minister, notify the chairperson of the Board of his or her intention to resign.

(4) A member of the Board who does not, for a consecutive period of 6 months, attend meetings of the Board ceases at the end of that period to hold office unless the failure to attend was due to ill-health or the absence was approved by the chairperson of the Board with the consent of the Minister.

(5) The Minister may, at the request of the Board or following consultation with the chairperson, at any time remove a member of the Board from office if, in the opinion of the Minister—

(a) the member has become incapable through ill-health of performing his or her duties,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Minister to be necessary for the effective performance by the Board of its functions.

(6) A person shall not be qualified for membership of the Board, and a member of the Board shall cease to be so qualified and shall cease to hold office, if he or she—

(a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence in relation to a company or any other body corporate,

(e) is convicted of an offence involving fraud or dishonesty,

(f) 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

(g) 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.

(7) Where a member of the Board is—

(a) nominated as a member of Seanad ireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the Board.

(8) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall be disqualified, while he or she is so entitled or is such a member, for being a member of the Board or a member of a committee.