Amendments Nos. 95 and 96 are related and may be discussed together.
SECTION 31.
I move amendment No. 95:
In page 24, subsection (1), line 22, to delete "may appoint such members of the staff" and substitute "shall appoint a chief executive officer (‘the Chief Executive Officer') and such other staff".
These amendments serve a dual purpose. In the first place they provide explicitly for the appointment and functions of the chief executive of the authority. Considerations of practicality and efficiency suggest that, rather than having all functions invested in the authority itself, the chief executive should have a distinct role. There was no corresponding provision in the 1977 Act but normal legislative practice is to make an explicit reference to a chief executive and to give that person distinct functions. The second function of this amendment is to provide for the appointment of staff of the authority under the relevant Civil Service Acts. The provisions in this respect parallel those relating to the Labour Relations Commission and the Industrial Relations Act, 1990.
Under this section will it be possible to employ people with a particular expertise without going through the normal Civil Service process? In other words, if you needed somebody who had a particular expertise in an area, would that person have to come through the Civil Service? Is that already catered for?
I have tabled an amendment to section 36(4) which will be helpful. Let us discuss it when we reach that section.
Amendment agreed to.
I move amendment No. 96:
In page 24, lines 25 to 27, to delete subsection (2) and substitute the following:
(2) Appointments under this section shall be on such terms as the Minister with the consent of the Minister for Finance determines and shall be subject to the Civil Service Commissioners Act, 1956, and the Civil Service Regulation Acts, 1956 and 1958.
(3) The Chief Executive Officer shall, subject to the directions of the Authority, manage and control generally the administration and business of the Authority and perform such other functions as may be determined by the Authority.".
Amendment agreed to.
Section 31, as amended, agreed to.
Sections 32 to 34, inclusive, agreed to.