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Dáil Éireann debate -
Tuesday, 24 Feb 2009

Vol. 676 No. 1

Ceisteanna — Questions.

National Archives.

Enda Kenny

Question:

1 Deputy Enda Kenny asked the Taoiseach the files which were released recently by his Department under the National Archives Act 1986; and if he will make a statement on the matter. [46584/08]

Enda Kenny

Question:

2 Deputy Enda Kenny asked the Taoiseach the number of files withheld by his Department from the national archives in respect of the year 1978; and if he will make a statement on the matter. [46588/08]

Eamon Gilmore

Question:

3 Deputy Eamon Gilmore asked the Taoiseach the number of files withheld by his Department in respect of the files transferred to the national archives regarding the year 1978; the number withheld under section 8(4)(a) of the National Archives Act 1986; the number withheld under section 8(4)(b); the number withheld under section 8(4)(c); and if he will make a statement on the matter. [1006/09]

Caoimhghín Ó Caoláin

Question:

4 Deputy Caoimhghín Ó Caoláin asked the Taoiseach the number of files his Department has withheld from the national archives regarding the year 1978; and if he will make a statement on the matter. [7050/09]

I propose to take Questions Nos. 1 to 4, inclusive, together.

The evaluation of files for release to the national archives is carried out by designated officials in my Department. It is normal, as files are processed for release each year, that some are certified by the appropriate officials for retention on the grounds set forth in the Act. Under section 8(6) of the National Archives Act 1986, provision is made for the review of closed records at five-yearly intervals from the date the certificate to withhold the records is made. My Department complies with its statutory obligation in this regard.

A total of 721 files or file parts were transferred to the national archives to be released for public inspection on 1 January 2009. Some 12 files were withheld, of which one was withheld under section 8(4)(a) of the Act and 11 were withheld under section 8(4)(b) and (c).

As regards the 1978 Northern Ireland files, 85 files were released and no files were withheld. Some 61 files were released without any abstractions, while 24 files contained documents which were either abstracted or had partial abstractions made on them. In total, 177 entire documents were abstracted from 22 files and partial abstractions were made on 21 documents from seven files. Abstractions were made under section 8(4)(a), (b) and (c). The abstractions related to information given in confidence, including security information and certain personal information about individuals. The majority of the documents were withheld because they contained personal information.

There was a larger number of Northern Ireland documents, 112 in total, abstracted this year in comparison to last year due to the large number of correspondence on five files containing personal information relating to people arrested, detained or in prison. The documents were mainly letters from relatives of prisoners and statements by prisoners, medical reports, reports of confidential conversations between Irish officials and contacts in Northern Ireland and letters or notes containing personal information or confidential material.

I do not expect the Taoiseach follows the guidelines of the British Government in every matter but I note Jack Straw, the Lord Chancellor and Secretary of State for Justice, recently accepted the case for a substantial cut, from 30 years to 15 years, in the release time for archival government papers. Similar adjustments have been made in other countries such as South Africa, the Netherlands and France. In Ireland, the time limit remains at 30 years. Does the Taoiseach have any view as to whether it should be reduced?

A UK report into the time limit stated the UK's freedom of information legislation effectively scuppered the 30-year archive rule. As the Taoiseach will be aware, the Freedom of Information Act 2003 ensures Cabinet minutes must be released no later than ten years after their adoption which is less than the 30-year limit. Does the Taoiseach believe the 30-year limit should be reduced substantially? Does he accept the Freedom of Information Act, if applied broadly and appropriately, effectively scuppers the 30-year rule in any event?

A case would have to be made as to why the limit should be reduced. The idea behind the National Archives Act is to assist historians by releasing State papers from 30 years ago every year and giving them valuable insights into Governments' analyses at the time. Those studying and examining those historical events find the State papers a valuable research resource.

Freedom of information legislation is of the 1990s vintage. Under the 30-year rule, State papers up until 1978 are released. This period was a particularly difficult time in our history. It requires the full safeguards and caution provided under the National Archives Act which is consistent with both providing material of historical significance while ensuring people, who may through inappropriate documentation being made available, be put at risk, endangered or compromised. As I outlined in the response, there is personal material contained in some State documents which would not be relevant under the National Archives Act.

I share the Taoiseach's views on the sensitivity of that period. However, I believe the limit should be reduced substantially from 30 years. If the Freedom of Information Act were applied, people would be entitled to get information in as broad a way as possible without infringing issues of national security.

The latest State papers that were released are interesting in many ways. For instance, the late and much lamented singer, Joe Dolan, was under surveillance when he went to Moscow in the 1970s. I am not sure whether this was usual procedure for people who travelled to the former USSR or other eastern bloc states. In the 1970s, there was an enormous controversy about the business of nuclear power stations and the one proposed to be built at Carnsore Point, County Wexford. An official in the Department of the Taoiseach, who I assume is no longer there, wrote in a memo that there was "little time to be lost before placing orders for a nuclear station". It was as if one could wave a wand and have a station placed wherever one liked. In view of comments made by various individuals and organisations recently, is the Government giving the matter of nuclear power any consideration?

This is not a matter to which the Government is giving active consideration. However, 30 years ago, in light of the second oil crisis, the problem of our dependence on fossil fuels and the fact that the question of climate change had not yet arisen, it was a valid subject for examination. At present, energy independence is not only a fashionable but also an important topic of discussion and policy formulation throughout the world. The issue to which the Deputy refers was brought into sharp relief 30 years ago in the context of the impact on our balance of payments and the significant rise in oil revenues. In addition, gas had not been accessed in our territorial waters at that stage. Exploration, resource management and the ability to identify natural resources which could be commercialised were live political issues at the time.

One can examine papers that are 30 years old with the benefit of hindsight and experience. Many of the developments that have taken place would militate against the requirement for Ireland to consider such a proposal at present. The putting in place of a number of interconnectors to allow Ireland operate within a wider regional energy market probably represents the best means by which we can ensure we will be able to generate our own capacity and have access to other supplies of electricity that are competitively priced.

Were any of the files relating to the Dublin-Monaghan bombings withheld? On the wider issue of releasing files, given that any sensitive material — such as that relating to individuals, etc. — is withheld in any event and that information of a contemporary interest can be made available under the Freedom of Information Act, is there a good reason for retaining the 30-year rule? Many of the files which attract public attention and which are released under the 30-year rule relate to Northern Ireland. In light of the situation in the aftermath of the British-Irish Agreement, is there any reason all of the Cabinet files relating to Northern Ireland — albeit pruned down as happens under the 30-year rule — should not now be made available? Rather than releasing the 1979 files next year and the 1980 files the year after, all of the files relating to Northern Ireland could be made available in order that those studying the situation in the North would be able to examine them in their totality.

The position with regard to files relating to the management of the economy is similar. In light of current events, it probably would be instructive if information relating to the 1980s and 1990s were made available. Again, this could be pruned to remove material of a sensitive nature. We could also take this course of action in respect of files containing information on our relations with Europe. A period of 30 years is quite long and the information to which I refer belongs to a time which predates the Freedom of Information Act. Why is the 30-year rule being retained?

The questions tabled by Deputies relate specifically to the files, if any, that were withheld, the detail of what was provided and the reason behind any material not being provided under the National Archive Act 1986. If there is a wider policy issue regarding the efficacy of having these rules in place in the first instance, perhaps parliamentary questions to that effect might elicit a more considered reply. My immediate reaction is that one can consider certain aspects of the questions being asked. I would not announce a change in the present policy position without carefully considering the pros and cons.

Are decisions on files which it is proposed to withhold referred directly to the Taoiseach for decision, to secure an input from him or to inform him before a decision is taken? Where does the authority rest to withhold the release of files which would be due for release under the 30 year rule? Given the overlap between the Department of the Taoiseach and the Department of Foreign Affairs on matters pertaining to the Six Counties and relations with the British Government, are such issues jointly addressed by these Departments? Does the Taoiseach have a direct responsibility or role in determining what, if any, files or specific information are to be withheld?

Concern has been expressed at the merging of the National Archives and Irish Manuscripts Commission into the National Library. Will this merger result in shared boards and directorships and a unified management structure? Has an assessment been done on what savings, if any, would arise as a result of the merging of these entities into the National Library? Has the new National Archives Advisory Council been appointed?

Some of the points the Deputy raises are not related to the questions which are specific to the release of papers this year under the 30 year rule. Regarding the part of the Deputy's contribution on involvement by me or my office in decisions, which is relevant and on which I can reply, the evaluation of files for release to the National Archives is carried out by designated officials in my Department. I have no direct or indirect involvement in what is released or not released.

The National Archives Act 1986 provides that under certain circumstances files or parts of files can be withheld from release. This provision is set out under section 8(4)(a), (b) and (c), which provide for withholding of material in the following circumstances, namely, when it is in the public interest to do so, when information has been supplied in confidence and where releasing the material would or might cause distress or danger to living persons on the ground that it contains information about individuals.

With respect, the Taoiseach has not indicated whether he had any direct involvement. While I appreciate the point about delegation, will the Taoiseach be specific and indicate to the House that proposals to withhold specific files or sections of files have not been referred to him in his tenure as Taoiseach or in previous roles? Has he, at any time as Taoiseach or Minister, had specific requests made from within his Department not to proceed with the release of particular information?

On the merging of the National Archives and Irish Manuscripts Commission into the National Library, does the Taoiseach accept that there is concern that the under-resourcing of the National Archives, in particular——

The Deputy is straying from the questions which relate to files.

I will return to them if the Ceann Comhairle will allow me.

The Deputy has a tendency during Question Time to impart rather than seek information. Deputies must confine their contributions to seeking information relevant to the questions on the Order Paper.

I am trying my best to secure information.

The concern relates to the under-resourcing of the National Archives heretofore. Deputy Gilmore asked the Taoiseach a question to which he did not respond. Files on the Dublin and Monaghan bombings are missing. Will the Taoiseach indicate that the proposed changes will not result in further under-resourcing and the potential for further loss of critical and historical information which could shed light on events in years gone by? In this context, will he answer the question of whether any material has been withheld that is pertinent to the Dublin and Monaghan bombings of 1974 in the current tranche of releases?

There is nothing in the information supplied to me to indicate that anything relating to the Dublin and Monaghan bombings was withheld in this tranche of material. The Deputy would have to put down a specific question for me to be able to answer with accuracy on issues relating to that important matter. As I said earlier, to my recollection I did not have any involvement, good, bad or indifferent, in deciding what should be released.

I have raised questions previously about the facilities in which the national archives are housed. Is the Taoiseach happy with the condition of these facilities? We have asked questions over the years about the capacity and quality of the buildings. Due to the advancement of decentralisation, there is a certain amount of State-owned property available. Is there any——

The question is about the files, not the buildings.

I understand that, but we will not have any national archives if we do not have a proper place to store them.

The Deputy can table a question to the line Minister about the buildings if he so wishes. The Taoiseach would not have information about that, but I understand the Minister for Arts, Sport and Tourism would.

I am not trying to be obstreperous here. I am sure the Taoiseach is as concerned about the quality of the facilities in which the State archives are held as anybody else. I am asking whether he has any report on that. Claims have been made over the years that a serious amount of funding was required to ensure the security of the national archives. He might have some information on that.

I do not have any information among the files available to me for the purpose of responding to these four questions.

I will table a question to the line Minister in accordance with the advice of the Ceann Comhairle.

To be as helpful as I can, I do not recall receiving any representations from Department officials to the effect that there was a particular problem there at the moment.

I thank the Taoiseach.

Departmental Agencies.

Enda Kenny

Question:

5 Deputy Enda Kenny asked the Taoiseach the appointments made by him since June 2002 to the State boards or other agencies within his aegis; and if he will make a statement on the matter. [46591/08]

Enda Kenny

Question:

6 Deputy Enda Kenny asked the Taoiseach the names, occupations and dates of appointment of those appointed to the boards of the State agencies and bodies under the aegis of his Department; and if he will make a statement on the matter. [46596/08]

Eamon Gilmore

Question:

7 Deputy Eamon Gilmore asked the Taoiseach the appointments made by him to the boards of agencies or other bodies operating under the aegis of his Department; and if he will make a statement on the matter. [3147/09]

Caoimhghín Ó Caoláin

Question:

8 Deputy Caoimhghín Ó Caoláin asked the Taoiseach the appointments made by him to State boards; if he proposes to reform the manner in which such appointments are made; and if he will make a statement on the matter. [7051/09]

I propose to take Questions Nos. 5 to 8, inclusive, together.

The information sought by the Deputies concerning appointments made by me or my predecessor to State boards and agencies under the aegis of my Department since June 2002 is set out in the following tables. The relevant bodies are the National Statistics Board, the Law Reform Commission, the National Economic and Social Development Office, the National Centre for Partnership and Performance, the National Economic and Social Council and the National Economic and Social Forum.

The members of State bodies under the aegis of my Department are appointed through well established nominating procedures, which are outlined in the National Economic and Social Development Office Act 2006, having regard to the remits of the bodies and consequently the particular competencies and skills expected of their members. In many instances, the members are nominated through relevant nominating panels. NESC and NESF, for example, comprise representatives of the various pillars involved in social partnership; that is, employer bodies, trade unions, farming organisations and community and voluntary organisations. The procedures for appointing the members of the National Statistics Board are outlined in the Statistics Act 1993. Therefore, any change to these procedures may require a change in the law.

Additional information not given on the floor of the House.

Boards and agencies under the aegis of the Department of the Taoiseach

Name of Board

1

The National Statistics Board

2

The Law Reform Commission

3

The National Economic and Social Development Office

4

The National Centre for Partnership and Performance

5

The National Economic and Social Council

6

The National Economic and Social Forum

7

Ireland Newfoundland Partnership Board

National Statistics Board

Role

Name

Occupation

Date of Appointment

Chairperson

Professor emeritus Brendan Walsh

Professor of Economics, UCD

February 2004; reappointed July 2007

Government Departments

Dr. Patricia O’Hara

Western Development Commission

February 2004; reappointed July 2007

Ms Mary Doyle

Department of the Taoiseach

February 2004; reappointed July 2007

Mr. Derek Moran

Department of Finance

February 2004

Mr. Michael McGrath

Department of Finance

July 2007

Trade Union Pillar

Ms Paula Carey

ICTU

February 2004

Mr. Paul Sweeney

ICTU

September 2006; reappointed July 2007

Farming Pillar

Mr. Ciaran Dolan

ICMSA

February 2004

Mr. Con Lucey

IFA

July 2007

Business Pillar

Mr. Frank Cunneen

IBEC

February 2004

Mr. Danny McCoy

IBEC

July 2007

Ex officio members

Mr. Donal Garvey

Director General, CSO

February 2004; reappointed July 2007

Mr. Gerry O’Hanlon

Director General, CSO

August 2007

Law Reform Commission

Name

Occupation

Date of Appointment

President

Mrs. Justice Catherine McGuinness

Judge of the Supreme Court

22 February 2005

Commissioner (Full-time)

Patricia T. Rickard-Clarke

Solicitor

15 April 1997 (part-time); 1 October 2001 (full-time); reappointed 30 September 2004; reappointed 1 September 2007

Commissioner (Part-time)

Dr. Hilary A. Delaney, BL

Senior Lecturer in Law, TCD

15 April 1997; reappointed 15 April, 2002. Resigned May 2005

Commissioner (Part-time)

Professor Finbarr McAuley, BCL, LLB, MPhil, LLD

Jean Monnet Professor of European Criminal Justice, UCD

1 September 1999; reappointed 1 September 2004; reappointed 1 September 2007

Commissioner (Part-time)

Marian Shanley

Solicitor

13 November 2001; reappointed 12 November 2004; reappointed 1 September 2007

Senior Counsel (Part-time)

Donal O’Donnell

Senior Counsel

28 June 2005 (replaced Dr. Hilary A. Delaney, BL); reappointed 1 September 2007

National Economic and Social Development Office

Name

Occupation/Organisation

Date of Membership

Chairperson

Mr. Dermot McCarthy

Secretary General, Department of the Taoiseach; Chairperson, NESC

1 January 2007

Ms Mary Doyle

Assistant Secretary General, Department of the Taoiseach; Deputy Chairperson, NESC and NESF

1 January 2007

Dr. Maureen Gaffney

Chairperson, NESF

1 January 2007

Mr. Peter Cassells,

Chairperson, NCPP

1 January 2007

Mr. Philip Kelly

Assistant Secretary General, Department of the Taoiseach; Deputy Chairperson,NCPP

1 January 2007

National Centre for Partnership and National Centre for Partnership and Performance (NCPP)

Current Council

Replaced

Occupation / Organisation

Date ofAppointment

Executive Chairperson

Mr. Peter Cassells

October 2001-April 2004; reappointed 7 November 2005

Government Departments

Mr. Philip Kelly, Asst. Secretary Deputy Chairperson

Department of the Taoiseach

October 2001;reappointed 24 January 2006

Mr. Brendan Duffy,Asst. Secretary

Ciaran Connolly (who was appointed in October 2001 and reappointed in January 2006)

Department of Finance

10 July 2008

Mr. Dermot CurranAsst. Secretary

Mr. John Walsh, Asst. Secretary (appointed in June 2002 {replaced Mr. Maurice Cashell} and reappointed in January 2006)

Department of Enterprise, Tradeand Employment

10 July 2008

Employers

Mr. Brendan McGinty

Director, Human/Industrial Resources, IBEC

October 2001; reappointed 24 January 2006

Ms Mary Connaughton

Mr. Gavin Marie ({replaced Mr. Liam Doherty in April 2007} appointed in October 2001 and reappointed 24 January 2006)

HR Development, IBEC

10 July 2008

Mr. Eddie Keenan

Mr. Morgan Nolan {replaced Mr. Terry McEvoy} appointed in Jan 2004

Industrial Relations, CIF

24 January 2006

Ms Irene Canavan

Marie Moynihan, IBEC (appointed in October 2001)

24 January 2006

National Centre for Partnership and National Centre for Partnership and Performance (NCPP) —continued

Current Council

Replaced

Occupation / Organisation

Date ofAppointment

Trade Unions

Mr. Fergus Whelan

Replaced Mr. Tom Wall, ICTU

Industrial Officer, ICTU

October 2003; reappointed 24 January 2006

Mr. Jerry Shanahan

Ms Angela Kirk, IMPACT (appointed in September 2004 {replaced Ms Marie Levis})

AMICUS

24 January 2006

Ms Catherine Byrne

Mr. Des Geraghty, ICTU (appointed in September 2004 {replaced Mr John Tierney MSF})

INTO

24 January 2006

Mr. Gerry McCormack

SIPTU

24 January 2006

Independent Members

Prof. Joyce O’Connor

National College of Ireland

24 January 2006

Ms Dorothy Butler Scally

Human Resources Consultant

24 January 2006

Dr. Catherine Kavanagh

UCC

24 January 2006

National Economic and Social Council (NESC)

Name

Occupation / Organisation

Dates of Membership

Chairperson

Mr. Dermot McCarthy

Secretary General, Department of the Taoiseach

September 2003 June 2007

Deputy Chair

Ms Mary Doyle

Assistant Secretary, Department of the Taoiseach

September 2003 June 2007

Trade Union Pillar

Mr. David Begg

General Secretary, ICTU

September 2003 June 2007

Mr. Peter McLoone

General Secretary, IMPACT

September 2003 June 2007

Mr. Manus O’Riordan

Economist, SIPTU

September 2003 June 2007

Ms Joan Carmichael

Assistant General Secretary, ICTU

September 2003

Ms Sally Anne Kinahan (replaced Joan Carmichael)

Assistant General Secretary, ICTU

January 2004 June 2007

Mr. Jack O’Connor

Vice President, SIPTU

September 2003 June 2007

National Economic and Social Council (NESC) — continued

Name

Occupation / Organisation

Dates of Membership

Business and Employer or Organisation Pillar

Mr. Turlough O’Sullivan

Director General, IBEC

June 2007

Ms Siobhan Masterson (replaced Aileen O’Donoghue) Ms Aileen O’Donoghue

Director, Financial Services Ireland

September 2008 September 2003 June 2007

Mr. Brian Geoghegan

Director, IBEC

September 2003

Mr. Danny McCoy (replaced Brian Geoghegan)

Director of Policy, IBEC

October 2005 June 2007

Mr. John Dunne

Chief Executive, Chambers of Commerce Ireland

September 2003 June 2007

Mr. Tom Parlon (replaced Liam Kelleher)Mr. Liam Kelleher

Director General, Construction Industry Federation

September 2008 September 2003 June 2007

Agricultural and Farming Organisation Pillar

Mr. Seamus O’Donoghue

Secretary, ICOS

September 2003 June 2007

Mr. Ciaran Dolan

General Secretary, ICMSA

September 2003 June 2007

Mr. Michael Berkery

General Secretary, IFA

September 2003 June 2007

Mr. Eddie Punch

General Secretary, ICSA

June 2007

Mr. Damien McDonald

Chief Executive, Macra na Féirme

September 2003

Mr. Colm Markey

National President, Macra na Féirme

June 2007

Community and Voluntary Pillar

Fr. Sean Healy

Head of Justice Office, CORI

September 2003 June 2007

Mr. Donall Geoghegan

Programme Manager, National Youth Council

September 2002 September 2003

Mr. John Dolan

Chief Executive, Disability Federation of Ireland

September 2003 June 2007

Ms Deirdre Garvey

Chief Executive, the Wheel

September 2003

Mr. John Mark McCafferty

Policy Officer, Saint Vincent de Paul

September 2003

National Economic and Social Council (NESC) —continued

Name

Occupation / Organisation

Dates of Membership

Mr. Séamus Boland

Chief Executive, Irish Rural Link

June 2007

Ms Brid O’Brien

Senior Policy Officer, Irish National Organisation of the Unemployed

June 2007

Ms Camille Loftus

Community Platform

June 2007

Government Department Nominees

Secretary General

Department of Finance

September 2003 June 2007

Secretary General

Department of Enterprise, Trade and Employment

September 2003 June 2007

Secretary General

Department of Social and Family Affairs

September 2003 June 2007

Secretary General

Department of Communications, Marine and Natural Resources

September 2003

Secretary General

Department of the Environment, Heritage and Local Government

September 2003 June 2007

Secretary General

Department of Education and Science

June 2007

Independent Nominee

Prof. John Fitzgerald

Senior Research Officer, ESRI

September 2003

Prof. Eithne McLaughlin

Department of Social Policy, Queens University, Belfast

September 2003

Mr. Colin Hunt

Head of Research, Goodbody Stockbrokers

September 2003

Dr. Peter Bacon

Economic Consultant

September 2003

Prof. Brigid Laffan

Department of Politics, UCD

September 2003

Dr. Sean Barrett (replaced Colin Hunt)

Department of Economics, Trinity College

January 2005 June 2007

Mr. Con Lucey

Economist,IFA

June 2007

Prof. Peter Clinch (resigned June 2008)

UCD

June 2007

Prof. Elizabeth Meehan

Queen’s University

June 2007

Terms of office of NESC relevant to this question:

(a) 1998-2001 (extended to 2002)

(b) 2003-2006

(c) 2007-2010.

National Economic and Social Forum

Name

Occupation / Organisation

Date of Appointment

Independent Chairperson

Maureen Gaffney

January/February 2004 May 2007

Deputy Chairperson

Ms Mary Doyle

Asst. Sec., Department of the Taoiseach

January/February 2004 May 2007

Strand (i): Oireachtas

Deputy Michael Woods

Fianna Fáil TD

January/February 2004

Deputy John Curran

Fianna Fáil TD

January/February 2004

Senator Mary O’Rourke

Fianna Fáil

January/February 2004

Senator Paschal Mooney

Fianna Fáil

January/February 2004

Senator Brendan Daly

Fianna Fáil

January/February 2004

Senator Geraldine Feeney

Fianna Fáil

January/February 2004

Deputy Pat Carey

Fianna Fáil TD

January/February 2004

Senator Paul Coghlan

Fine Gael

January/February 2004

Deputy Damien English

Fine Gael TD

January/February 2004

Deputy Paul Kehoe

Fine Gael TD

January/February 2004

Deputy Joan Burton

Labour TD

January/February 2004

Deputy Willie Penrose

Labour TD

January/February 2004

Senator Kate Walsh

Progressive Democrats

January/February 2004

Senator Feargal Quinn

Independents

January/February 2004

Mr. Jerry Cowley

Technical Group TD

January/February 2004

Senator Maria Corrigan

Fianna Fail

Replaced John Curran August 2008

Senator Marc MacSharry

Fianna Fail

December 07

Senator Brian O Domhaill

Fianna Fail

December 07

Deputy John Curran

Fianna Fail

December 07-August 2008

Deputy Michael McGrath

Fianna Fail

December 07

Senator Geraldine Feeney

Fianna Fail

December 07

Deputy Cyprian Brady

Fianna Fail

December 07

Deputy Sean Ardagh

Fianna Fail

December 07

Deputy Sean Sherlock

Labour

December 07

National Economic and Social Forum —continued

Name

Occupation / Organisation

Date of Appointment

Deputy Willie Penrose

Labour

December 07

Deputy Dan Neville

Fine Gael

December 07

Deputy Terence Flanagan

Fine Gael

December 07

Senator Paul Coghlan

Fine Gael

December 07

Senator Jerry Buttimer

Fine Gael

December 07

Senator Dan Boyle

Green

December 07

Senator Rónán Mullen

Independents

December 07

Strand (ii): Employer/Trade Unions

Employer/Business Organisations

Ms Jackie Harrison

IBEC

January/February 2004

Ms Maria Cronin

IBEC

October/November 2004 (replaced Jackie Harrison)

Mr. Danny McCoy

IBEC

May 2007

Mr. Tony Donohue

IBEC

September 2006 (replaced Maria Cronin) May 2007

Ms Heidi Lougheed

IBEC

January/February 2004

Ms Patricia Callan

Small Firms Association

January/February 2004May 2007

Mr. Kevin Gilna

Construction Industry Federation

January/February 2004

Dr. Peter Stafford

Construction Industry Federation

replace Kevin Gilna Oct 05 May 2007

Mr. Robert O’Shea

Chambers of Commerce/Tourist Industry/Exporters Association

January/February 2004

Mr. Sean Murphy

Chambers of Commerce/Tourist Industry/Exporters Association

replaced Robert O’Shea August 2005 May 2007

National Economic and Social Forum — continued

Name

Occupation / Organisation

Date of Appointment

Trade Unions

Mr. Eamon Devoy

Technical Engineering and Electrical Union

January/February 2004 May 2007

Mr. Blair Horan

Civil and Public Service Union

January/February 2004 May 2007

Mr. Jerry Shanahan

AMICUS

January/February 2004 May 2007

Mr. Manus O’Riordan

SIPTU

January/February 2004 May 2007

Ms Paula Carey

ICTU

January/February 2004

Ms Esther Lynch

ICTU

Sept 2006 (Replaced Paula Carey) May 2007

Agricultural/Farming Organisations

Ms Mary McGreal

Irish Farmers Association

January/February 2004

Mr. Michael Doody

Irish Creamery Milk Suppliers Association

January/February 2004 May 2007

Ms Mary Johnson

Irish Co-Operative Organisation Society

January/February 2004

Ms Carmel Brennan

Macra na Feirme

January/February 2004

Ms Anne Murray

Irish Country Women’s Association

January/February 2004

Ms Carmel Dawson

Irish Country Women’s Association

June 2006 (Replaced Anne Murray) May 2007

Ms Emer Duffy

Irish Co-Operative Organisation Society

May 2007

Mr. Michael Berkery

General Secretary IFA

May 2007

Ms Catherine Buckley

Macra na Feirme

May 2007

Strand (iii) Community and Voluntary Sector

Women’s Organisations

Ms Orla O’ Connor

National Women’s Council of Ireland

January/February 2004 May 2007

Ms Joanna McMinn

National Women’s Council of Ireland

January/February 2004

Unemployed

Ms June Tinsley

INOU

January/February 2004

Mr. John Farrell

INOU

replaced June Tinsley Oct 05

Ms Patricia Short

ICTU Centres for the Unemployed

January/February 2004

Disadvantaged

Sr. Brigid Reynolds

CORI

January/February 2004 May 2007

Mr. John-Mark McCafferty

Society of Saint Vincent de Paul

January/February 2004 May 2007

Ms Audrey Deane

Society of Saint Vincent de Paul

Nov 2004 (replaced John-Mark McCafferty)

Ms Sharon Keane

Anti-Poverty Networks

January/February 2004

Mr. Joe Gallagher

Anti-Poverty Networks

replaced Sharon Keane Sept 2005

Youth/Children

Mr. Malcolm Byrne

NYCI

January/February 2004

Ms Marie Claire McAleer

NYCI

replaced Malcolm Byrne Sept 2004

National Economic and Social Forum — continued

Name

Occupation / Organisation

Date of Appointment

Mr. Raymond Dooley

Children’s Rights Alliance

January/February 2004

Ms Jillian Van Turnhout

Children’s Rights Alliance

replaced Raymond Dooley Aug 2005 May 2007

Older People

Mr. Robin Webster

National Council for Ageing and Older People/Senior Citizen’s Parliament/Age Action

January/February 2004

Others

Mr. Frank Goodwin

The Carers Association

January/February 2004 May 2007

Mr. Seamus Boland

Irish Rural Link

January/February 2004 May 2007

Mr. Fergus O’Ferrall

The Wheel

January/February 2004

Mr. Ivan Cooper

The Wheel

May 2007

Ms Brid O’ Brien

Pavee Point

January/February 2004

Ms Aisling Walsh

Disability Federation of Ireland

January/February 2004

Ms Joanne McCarthy

Disability Federation of Ireland

replaced Aisling Walsh in 2006 May 2007

Mr. Michael O’Halloran

Chief Executive Officer Irish Senior Citizens Parliament

May 2007

Ms Máiréad Hayes

Chief Executive Officer Irish Senior Citizens Parliament

November 2007

Ms Marie Claire McAleer

National Youth Council of Ireland

May 2007

Ms Karen Murphy

Irish Council for Social Housing Head of Services

May 2007

Ms Frances Byrne

OPEN

May 2007

Ms Kathleen McCann

Congress Centres Network

May 2007

Mr. Stavros Stavrou

Integrating Ireland

May 2007

Ms Maria Joyce

National Traveller Women’s Forum

May 2007

National Economic and Social Forum — continued

Name

Occupation / Organisation

Date of Appointment

Strand (iv) Central Government, Local Government and Independents

Central Government

Secretary General

Department Finance

January/February 2004 May 2007

Secretary General

Department Enterprise, Trade and Employment

January/February 2004 May 2007

Secretary General

Department Social and Family Affairs

January/February 2004 May 2007

Secretary General

Department Community, Rural and Gaeltacht Affairs

January/February 2004 May 2007

Secretary General

Department Environment, Heritage and Local Government

January/February 2004 May 2007

Local Government

Councillor John Egan

General Council of County Councils

January/February 2004

Councillor Ger Barron

General Council of County Councils

Nov 2004 (replaced Cllr. John Egan) May 2007

Councillor Patsy Treanor

General Council of County Councils

January/February 2004

Councillor Jack Crowe

General Council of County Councils

Nov 2004 (replaced Cllr Patsy Treanor)

Councillor Constance Hanniffy

General Council of County Councils

January/February 2004 May 2007

Councillor Patricia McCarthy

Association of Municipal Authorities

January/February 2004

Donal O’Donoghue

County and City Managers Association

January/February 2004

John Tierney

County and City Managers Association

Nov 2004 (replaced Donal O’Donoghue)

Councillor Mattie Ryan

Association of County and City Councils

May 2007

Councillor Paddy O’Callaghan

Association of Municipal Authorities of Ireland

May 2007

Councillor William Ireland

Local Authorities Members Association

May 2007

Independents

Dr. Colm Harmon

Institute for the Study of Social Change, UCD

January/February 2004 May 2007

Dr. Mary P. Corcoran

Department of Sociology

January/February 2004 May 2007

Dr. Brian Nolan

ESRI

January/February 2004

Mr. Paul Tansey

Tansey, Webster, Stewart and Company Ltd.

January/February 2004

Ms Cait Keane

South Dublin County Council

January/February 2004 May 2007-November 2008 [No replacement]

Ms Marie Carroll

Southside Partnership

May 2007

Professor Rose Ann Kenny

TCD

May 2007

Ireland Newfoundland Partnership

Name

Occupation

Date of Appointment

Mr. Walter Kirwan

Former Assistant Secretary, Department of the Taoiseach

April 2001

Mr. Peter Heffernan

Chief Executive, Marine Institute

April 2001

Ms Una Murphy

Industrial Outreach officer, NUIG

April 2001

Mr. Thomas Hyland

Management Consultant, Former manager Ireland West IDA Ireland

February 2002

Mr. Michael Delaney

Head of Development, Cork Institute of Technology

February 2004

Mr. Patrick Murphy

Art Adviser, OPW

February 2004

Ms Caroline Senior

Director, Garter Lane Arts Centre

February 2004

Mr. Peadar McArdle

Director, Geological Survey of Ireland

October 2005

Professor Kieran Byrne

Director, Waterford Institute of Technology

January 2006

Mr. Nick Marmion

Canada manager, Enterprise Ireland

September 2007

The Canadian Ambassador is an honorary member.

My question refers to the chairs of the boards of banks that have received the State guarantee. The Taoiseach should be in a position to have them come before Dáil committees to answer questions. Given the controversy surrounding the former director of FÁS and the chief executive of the regulatory authority, who both received serious amounts of money when they left their positions, does the Taoiseach think there is an opportunity to write into the conditions for all future contract appointments that abuse of privilege or straying outside the remit of one's appointment would result in non-payment of a golden handshake? I note, for example, the Committee on Finance and the Public Service has stated that the sums paid to the regulator should be taken back. This is clearly a cause for serious public anxiety.

The Taoiseach's predecessor has stated in response to questions that Dáil committees should have some sort of role in the appointment of persons to State boards, and important boards in particular. Does the Taoiseach agree that if the Government or a Minister intends to appoint a person to a somewhat important State board, that person should appear before a committee to explain what he or she can offer the board in question, in other words, his or her qualifications to deal with Government policy in so far as the board's remit is concerned? The previous Taoiseach said that he would involve committees to some extent, not in an interrogatory role but to give the prospective appointee an opportunity to set out his or her qualifications and experience and what he or she proposes to bring to the board. This might result in a better situation than what has obtained heretofore under all Governments.

I do not have supplementary information on that matter based on the questions which have been tabled. Committees have the right and entitlement to invite people before them to discuss a range of policy questions not only in respect of the particular competencies they bring to the operation of State boards but also in terms of the policies that are being implemented, which are presumably consistent with Government policy as outlined by the relevant Minister. I understand that facility is available to all committees.

The question also relates to the conditions and contracts of employment which boards enter into with the executives they appoint. Presumably they act on legal advice on any arrangements arrived at subsequently in terms of severance or other matters.

I call Deputy Gilmore. I will try to return to Deputy Kenny.

The Ceann Comhairle stopped me in my tracks.

That is a hard thing to do.

I understand the Government has announced the appointment of a new RTE authority. I ask the Taoiseach why the authority was left vacant since the beginning of the year and whether he will take this opportunity to inform the House of the identity of the new chairman and members of the authority——

Questions Nos. 5 to 8, inclusive, pertain to the Taoiseach's Department.

——and their period of office.

As the Ceann Comhairle stated, this State board is not under my aegis. I am sure the requisite announcement and communication of decisions taken will be done by the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan. I understand this is an interim authority pending the enactment of legislation providing for the broadcasting authority of Ireland, which represents a further reform of broadcasting. If my memory serves me correctly, this legislation will see the establishment of a broadcasting commission. In respect of the interim authority being announced this afternoon, the question of committees having an input or making further suggestions to the Minister is an innovation instigated by the latter.

I have asked the Taoiseach his proposals on the reform of appointments to State boards. I hope he recalls that on numerous occasions I have urged him and his predecessor to seriously address this issue because I believe it is a closed process which does not allow fair——

This is a time for seeking information not sharing it.

——and responsible consideration of all those who would be willing to give service to State bodies. I probably did not realise the half of it. Will the Taoiseach accept as highly questionable the efficacy of appointing former board members of discredited financial institutions to State boards and the continued service on the boards of State bodies of former members of boards of institutions such as, for example, Anglo Irish Bank? Does the Taoiseach propose, in the context of reform and redress of the whole process of appointments to State boards, to take into account the facts in regard to a number of these bodies and the fact that former directors of Anglo Irish Bank are currently serving on the boards of public bodies despite all the questions that remain unanswered in regard to the extent of the knowledge of people at the helm of Anglo Irish Bank down through the years of its highly irregular and illegal activities?

The Deputy will be aware these are matters that are under investigation. In the interests of the principle of accountability not being breached, it is important those given the authority to act independently, as provided for under Acts of the Oireachtas, are able to do their job in respect of any issue referred to them. That is what is happening in regard to the specific case mentioned by the Deputy.

All non-executive members of boards, namely, board appointees, are dependent upon the information provided to them by executive members of management in terms of papers supplied to the board for the purpose of overseeing policy and giving strategic direction to the organisation of which they are members. One should not, therefore, presume upon the idea that non-executive members of the board were, in the first instance, informed or in all circumstances au fait with any inappropriate or unacceptable conduct brought to their attention. As I stated, the specific case referred to by the Deputy is under investigation and should be allowed, in the interests of everybody, to be pursued vehemently and vigorously and brought to a conclusion in the shortest possible timeframe.

My response, in general terms, is that the performance of those who are members of State boards determines their suitability or otherwise in respect of any particular job. It should be stated — this is not always recognised — that people who take up appointment as members of boards, be they semi-State or non-commercial organisations, many of which are public service in nature, do so out of a sense of public service and in the interests of pursuing objectives which serve the common good.

I call Deputy Kenny. I will come back later on if I can to Deputy Ó Caoláin.

An appointment is required in respect of governorship of the Central Bank. A replacement must also be found for the chief executive of the regulatory authority. I am not sure whether these two entities will continue as separate entities or if they are to be merged. Will the Taoiseach ensure that the position or positions to be filled will be opened up to competition not alone in Ireland, but from abroad to ensure people who believe they have the qualifications to fulfil those roles will have an opportunity to apply for appointment? Does the Taoiseach envisage an involvement of the relevant Dáil committee with such people to allow them to outline their qualifications, experience and what they could bring to the position to be filled, whether it is a regulator, governorship or an amalgamated position? I would like to see a situation whereby State boards, when employing a chief executive, write into the contract of employment that if the position of responsibility is abused then any golden handshakes simply do not apply. For example if a young garda graduates from Templemore, signs a contract and serves for 30 years, but abuses that privilege, that person should lose all of the benefits that come with being a member of the Garda Síochána. Recently, there has been a seething anger on the streets as a result of what has occurred. That should be regulated and controlled and the Taoiseach is in a position to do so and I will support him in that regard.

There is a difference between an executive position and membership of a board.

This is beyond the remit of the questions asked.

These are relevant questions as the Ceann Comhairle is aware.

The question of reforms that will take place in respect of regulatory matters, financial and otherwise, but especially financial, in the present circumstances, is something that has been accorded the highest priority by the Minister for Finance. He would intend to bring proposals to Government very shortly regarding that matter. It would be his intention in respect of any vacancies that arise or any posts to be filled, that we would employ people who would be eminently suitable and capable of doing a job which would be, perhaps, a different type of job from that which was the case in the past. In respect of contracts of employment entered into by authorities with executive management or anyone else, it is always open to an authority to have available to it not only rights of compensation, but rights of dismissal in the event of that being warranted.

I referred to the need for reform of the appointments process, in respect of which my question was quite particular, in line with the questions I and others have already asked this afternoon. What reform measures does the Taoiseach now intend to make? I do not ask this on the basis of making judgments in respect of anyone who has served in these capacities. Would the Taoiseach not accept the important need to ensure public confidence in the appointments system, and confidence into the future in respect of those entrusted with these responsibilities in the interest of the public in the first instance? The particular areas of crossover I have indicated vis-à-vis Anglo Irish Bank stretch into such bodies as Forfás, Bord na Móna and the Dublin Airport Authority, to name but some.

Is the Taoiseach in a position, or has he taken the time, to inform himself of the extent of the crossover between directors and members of the boards of financial institutions and those appointed by this and previous Administrations, especially in the past decade or 12 years, to various State bodies? Would the Taoiseach not accept in respect of those appointed heretofore that now is a very good time to review the practice of appointment in a non-judgmental sense, and to open it up to transparency and to the full raft of very good citizens with a variety of experiences who could bring their own special knowledge and expertise to these State boards in the future?

As I have said, there are many people who act on State boards, some in the singular and some in the plural who have shown and displayed not only a strong commitment to public service, but a strong competence and professionalism and have brought these particular attributes to the fore in respect of their involvement in State boards throughout the years. Among the requirements for appointment to a board with a major role are financial management and accountancy skills, and familiarity with procedures in that area. Those are prerequisites for any role in corporate governance. Many people — I will not go into the specifics — have displayed all these attributes through their business experiences as executives running organisations, which they bring to bear beneficially in non-executive capacities. Non-executive board members of any organisation require and depend on the papers provided to them by executives in order to ask questions or inquire into any policy directive or initiative consistent with the strategic direction set out by the board.

One cannot make the assumptions the Deputy makes regarding some of the matters still under investigation. Let the investigation point it out and bring it to the fore in due course based on the facts. The Deputy asks for a non-judgmental approach but the best way to achieve that is to consider the performance of the executives within the organisations they serve. It remains a matter for individual board members to indicate whether they are no longer in a position to serve for personal or professional reasons. I am sure they take that into account in determining the length of their tenure on any of these boards.

Is it still the practice that when a Minister proposes to appoint a State board, or to make appointments to an existing State board, that the proposed membership is notified to the Government two weeks in advance of the appointment? Did that happen in the appointment of the RTE Authority just announced? What is the understanding between the parties in Government with regard to the composition of State boards? Is there a formula which applies for the nomination of members of State boards?

Does this refer to the Taoiseach's appointments?

The Taoiseach can speak about his own appointments if he wants to.

Appointments to some State boards require prior Government approval. The practice initiated when Deputy Gilmore's party took office in 1992, requiring matters to be brought to the attention of party leaders before State board appointments were decided, continues. As the Deputy knows, every State board does not require prior formal Government approval. The specific matter he raises would have been discussed. The Minister would have brought this to my attention recently and I would have left the ultimate decision to the Minister, as is my practice, and I would inquire whether the formation or composition of a board had a broad range and balance of competence and skills to ensure it was effective. I do not lay down preconditions or set formulae. I like to see people, regardless of their background, being brought forward on the basis of their ability to contribute. The sponsoring Minister needs to consider the competencies of the people in question.

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