Environmental Protection Agency Act, 1992
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Directors. |
24.—(1) The directors of the Agency shall be appointed by the Government. | |
(2) The Minister may, after consultation with the Director General (where a Director General is in office) or the Deputy Director General (where a Deputy Director General is in office) if there is no Director General in office, by order specify qualifications for all posts, or any particular post, of director. | ||
(3) (a) Where a director is to be appointed pursuant to subsection (1), the committee provided for in section 21 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 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, including relevant experience in environmental matters, 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. | ||
(4) Except in the case of a reappointment under subsection (9), the Government shall not appoint a person to be a director unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (3) in relation to that appointment. | ||
(5) Notwithstanding subsection (3) or (4), if the Government decide not to appoint to be a director 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 a director 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 a director 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. | ||
(6) Notwithstanding subsection (3) or (4), if the Committee is unable to select any suitable candidate pursuant to a particular request— | ||
(a) the Government shall appoint a person to be a director 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 a director 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. | ||
(7) The Minister may make regulations as regards— | ||
(a) the publication of notice that a request has been received by the committee under subsection (3) or (5), | ||
(b) applications for selection, | ||
(c) any other matter which the Minister considers expedient for the purposes of this section. | ||
(8) Each director 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. | ||
(9) Subject to the provisions of this section— | ||
(a) a director shall hold office for such term (not exceeding five years) as shall be specified by the Government when appointing him, | ||
(b) a director may be reappointed by the Government for a second or subsequent term of office for five years or less if at the time of his reappointment he is an outgoing director. | ||
(10) (a) A director may resign his office by letter addressed to the Minister. | ||
(b) A director shall vacate his office of director on attaining the age of sixty-five years. | ||
(11) (a) A director 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, each director 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. | ||
(12) A director 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 a director 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. |