Dáil Éireann debate -
Wednesday, 16 Oct 1991

Vol. 411 No. 1

Written Answers. - Code of Conduct of State Bodies.

Alan Shatter

Question:

27 Mr. Shatter asked the Taoiseach if he will outline in relation to each State and semi-State company under the aegis of his Department the companies which have a code of conduct delineating the activities which board members and employees of such bodies can engage in to ensure that an actual or potential conflict of interest does not arise vis-à-vis their duties as members and/or employees of such State bodies and other activities; the way in which this code of conduct, if any, is monitored by his Department; if he will make available in full, any such code of conduct stating the State and semi-State bodies to which it applies; and if he will make a statement on the matter.

The Taoiseach

A number of cultural bodies including the Arts Council, the National Concert Hall Company and the Irish Museum of Modern Art (Royal Hospital Kilmainham Company) function under the aegis of my Department.

In the case of the Arts Council, the Arts Acts, 1951 and 1973 govern the remuneration and payment of expenses to council members and staff. In addition, the Standing Orders of the council, adopted at the council's first meeting 1951 and up-dated as appropriate subsequently, serve as guidelines to ensure that an actual or potential conflict of interest does not arise for either council members or staff. The relevant extract from the Standing Orders of the Arts Council have been lodged in the Oireachtas Library.

The Memorandum and Articles of Association of the National Concert Hall Company serve as a code of conduct for both board members and employees of that company. In addition, the NCH board at their meeting on 26 September last, adopted a code of practice providing for the full declaration of interests by board members. I am satisfied that adherence by board members and staff to the terms of the NCH Memorandum and Articles of Association and its code of practice will preclude a conflict of interest arising there. The text of that code of practice and the company's memorandum and Articles of Association have both been lodged in the Oireachtas Library.

The Memorandum and Articles of Association of the Royal Hospital Kilmainham Company provide guidelines for the board members and staff of the Irish Museum of Modern Arts which is located in the Royal Hospital premises at Kilmainham. Those Articles of Association are at present being updated in consultation with the Office of the Chief State Solicitors, to take account of the role of the Irish Museum of Modern Art. I have also arranged for a copy of the existing Memorandum and Articles of Association of the Royal Hospital Kilmainham Company to be lodged in the Oireachtas Library.

Officials of my Department liaise on a regular basis with the Chief Executives and staff of the Arts Council, the National Concert Hall Company and the Irish Museum of Modern Art to ensure that the operation of those bodies functions in a manner which is efficient, effective and consistent with the mandates assigned to them statutorily or otherwise.

With regard to Temple Bar Properties Limited and Temple Bar Renewal Limited, the two companies dealing with the renewal of the Temple Bar area, they are preparing a code of conduct in consultation with my Department and the Department of Finance. Pending that the procedures in place are that: board members are required to declare any interest in any item being discussed and to absent themselves from the discussion of that item; and employees and consultants are required to undertake not to have any alternative interest which conflicts with the interest of the Temple Bar companies.

The Secretary, Department of Finance has been asked to prepare a report on the principles which govern the relationship between Departments of State and State bodies under their aegis. A report on the matter will issue very shortly and the recommendations will be considered and implemented as appropriate.

Maidir leis na heagrais Stát-tionscanta faoi scáth Roinn na Gaeltachta, i.e., Údarás na Gaeltachta agus Bord na Gaeilge, tá an fhoráil maidir leis i gconradh a nochtadh i gcás comhaltaí na n-eagras sin leagtha síos i mír 8 den Chéad Sceideal a ghabhann leis an Acht um Údarás na Gaeltachta 1979 agus in alt 7 den Acht um Bord na Gaeilge, 1978, faoi seach. Tugtar éifeacht don fhoráil sin in imeachtaí na n-eagras.

I gcás na foirne sa dhá eagras tá foráileacha iomchuí maidir le daoine a bheith ag gabháil do ghnó lasmuigh, nó baint a bheith acu leis, i gcoinníollacha seirbhíse na ndaoine sin.