Written Answers. - Non-Commercial Agencies.
Richard Bruton
Question:
81
Mr. R. Bruton
asked the
Minister for the Marine and Natural Resources
when annual reports were most recently published for each non-commercial agency under the aegis of his Department; when annual accounts were most recently published by these bodies; whether they are subject to outside scrutiny by the Comptroller and Auditor General or another independent audit body; whether the public have a right to see a register of members interests in relation to these bodies; whether they allow members of the public attend their meetings; whether board papers or minutes are available for public inspection where matters of commercial or legal confidentiality are not involved; whether there is a procedure specifying the circumstances in which he may direct these bodies; and whether they are free to publish advice relevant to the public without recourse to him.
[18950/97]
The non-commercial agencies under the aegis of my Department are as follows:
1. Marine Institute
2. Salmon Research Agency
3. Bord Iascaigh Mhara
4. Central Fisheries Board
5. Eastern Regional Fisheries Board
6. Northern Regional Fisheries Board
7. North-Western Regional Fisheries Board
8. Shannon Regional Fisheries Board
9. Southern Regional Fisheries Board
10. South-Western Regional Fisheries
11. Western Regional Fisheries Board
12. Foyle Fisheries Commission
1. The Marine Institute
The Marine Institute's most recently published annual report and accounts were for the year 1995. The Institute's Annual Report and Accounts for 1996 will be presented to Government shortly, prior to laying before the Oireachtas.
The accounts of the Institute are subject to scrutiny by the Comptroller and Auditor General. In accordance with the requirements of the Ethics in Public Office Act, 1995, designated members of the Institute have, where necessary, completed the register of members interests. Details of such entries have been forwarded to the Public Offices Commission.
While the Institute reports directly to the Minister for the Marine and Natural Resources in so far as the exercises of its functions generally is concerned, its activities and operations are, of course, subject to scrutiny by the Oireachtas both during the course of the annual estimates debate and in the context of the proceedings of the Public Accounts Committee. In addition, the Marine Institute Act, 1991, requires the laying before the Oireachtas on an annual basis of the Institute's annual report and accounts and other financial details.
The institute is a body corporate and standing orders and rules of procedure are, in general, matters for the board itself. I understand that, in common with other non-commercial State agencies, board meetings are held in private and minutes of meetings and board papers are treated as confidential company documents. The Marine Institute, and State agencies in general, including those covered in this reply, have not to date been prescribed for the purposes of the Freedom of Information Act, 1997.
The Minister exercises control over the Marine Institute in accordance with the provisions of the Marine Institute Act, 1991, and governing such matters as grants-in-aid, Exchequer advances, borrowing, etc.
The nature of the Institute's functions involve a high degree of interaction with the industry and the research community to which it provides advice and assistance. The Minister does not have a direct function in relation to the day-to-day operations of the Marine Institute and does not, therefore, have a role in so far as the publication of such advice and assistance is concerned. Section 21 of the Marine Institute Act, 1991 allows the Institute to publish information arising from its activities.
2.Salmon Research Agency
The Salmon Research Agency's most recent annual report and accounts were in respect of 1996 and were published in July 1997. They are subject to scrutiny by the Comptroller and Auditor General.
The agency is a company, limited by guarantee, established under the Companies Act. As it is not a statutory body it is not subject to the Ethics in Public Office Act, 1995. The agency's committee of management meetings are held in private and minutes of meetings and board papers are treated as confidential company documents.
There is no procedure to specify the circumstances in which the Minister may direct this body, but the Minister has a large measure of influence over the agency, through the appointment of six members of the Committee of Management and through the provision of a substantial part of the agency's revenue through the annual Estimates process.
The nature of the agency's functions involves interaction with the public and the research community. The Minister does not have a direct function in relation to the day-to-day operations of the agency and does not, therefore, have a role in so far as the publication of such advice and assistance is concerned.
3.Bord Iascaigh Mhara
BIM's most recently published annual report and accounts were for the year 1995 and were published on 4 June 1997. (The Annual Report and Accounts for 1996 will be presented to Government shortly, prior to laying before the Oireachtas). The accounts are audited annually by the Comptroller and Auditor General.
In accordance with the requirements of the Ethics in Public Office Act, 1995, designated directors of BIM, where necessary, completed the register of members interests. Details of such entries have been forwarded to the Public Offices Commission.
All activities and operations of the board are subject to scrutiny by the Oireachtas both during the course of the annual estimates debate and in the context of the proceedings of the Public Accounts Committee. In addition, the Fisheries Act, 1952 requires the laying before the Oireachtas on an annual basis of BIM's annual report and accounts and other financial details.
BIM is a body corporate and as such, operates in a similar fashion to a limited liability company. While standing orders and rules of procedure are, in general, matters for the board itself I understand that, in common with other non-commercial State agencies, BIM board meetings are held in private and minutes of meetings and board papers are treated as confidential company documents.
The Minister exercises control over, and may issue directions as appropriate to BIM in accordance with the provisions of the Fisheries Act, 1952. As BIM's functions involve a high degree of interaction with the public they are free to publish advice relevant to the public without recourse to me.
4.Central and Regional Fisheries Boards
The most recent annual report of the Central Fisheries Board was in respect of 1994-95 and was published in 1996. The regional fisheries boards do not have to publish annual reports. The most recently published accounts of each board were as follows:
|
Central Fisheries Board
|
1994
|
|
Eastern Regional Fisheries Board
|
1995
|
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Southern Regional Fisheries Board
|
1992
|
|
South-Western Regional Fisheries Board
|
1994
|
|
Shannon Regional Fisheries Board
|
1995
|
|
Western Regional Fisheries Board
|
1994
|
|
North-Western Regional Fisheries Board
|
1995
|
|
Northern Regional Fisheries Board
|
1995
|
The accounts of the fisheries boards are subject to scrutiny by the Comptroller and Auditor General.
In relation to the right of the public to access to a register of members' interests, the Central Board has prepared a register of central and regional board members' interests, in accordance with the requirements of the Ethics in Public Office Act, 1995.
The activities and operations of the central and regional fisheries boards are subject to scrutiny by the Oireachtas both during the course of the annual Estimates debate and in the context of the proceedings of the Public Accounts Committee. In addition, the Fisheries Act, 1980, requires the laying before the Oireachtas of the Central Board's annual report and accounts and other financial details.
Meetings of the fisheries boards are generally held in private and board papers are treated as confidential. Some boards may invite members of the media to attend all or part of their meetings.
As Minister, I exercise control over, and may issue directions as appropriate to the Central and Regional Boards in accordance with the Fisheries (Consolidation) Act, 1959 and the Fisheries Act, 1980.
The nature of the fisheries boards' functions involves a high degree of interaction with the public to which they provide advice and assistance in relation to angling and related matters. I would not have a direct function in relation to the day to day operations of the boards and have not, therefore, a role in so far as the publication of such advice and assistance is concerned.
12.Foyle Fisheries Commission (FFC)
The most recently published annual report and accounts of the FFC were in respect of 1995 and were published in 1996.
Under the Foyle Fisheries Act, 1952, the accounts of the commission are audited by an independent auditor appointed by the Minister for the Marine and Natural Resources and the Department of Agriculture in Northern Ireland.
A register of the interests of members of the Foyle Fisheries Commission is not available.
The Foyle Fisheries Commission is subject to similar Parliamentary scrutiny as the fisheries boards, but it is accountable to Parliaments on both sides of the Border. Consequently, the annual report and accounts are laid before Parliament in the UK and both Houses of the Oireachtas.
The FFC does not allow public access to their meetings and minutes and commission papers are not available for public inspection.
As Minister for the Marine and Natural Resources, I exercise joint control over, and may issue directions as appropriate, to the Foyle Fisheries Commission in accordance with the Foyle Fisheries Act, 1952.
As with the fisheries boards, the FFC is free to publish relevant advice and assistance to the public.
