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Dáil Éireann díospóireacht -
Wednesday, 12 Dec 2001

Vol. 546 No. 4

Priority Questions. - Board of IMMA.

Dinny McGinley

Ceist:

14 Mr. McGinley asked the Minister for Arts, Heritage Gaeltacht and the Islands her views on whether correct and proper procedure was followed by the board of IMMA in its efforts to secure the services of a person (details supplied) as director of the museum; and the action she has taken as regards the breaches of confidentiality by a former member of the board and a member of the interview panel which led to the withdrawal by the person of his candidature. [32003/01]

Brian O'Shea

Ceist:

15 Mr. O'Shea asked the Minister for Arts, Heritage Gaeltacht and the Islands when she plans to appoint a new chairperson and new members to the board of the Irish Museum of Modern Art; the matters discussed at her meeting with two directors who resigned from the board; if an opinion was sought from her regarding the proposed appointment of a new director for the museum; if she offered an opinion; the steps she will take to restore confidence in the Irish Museum of Modern Art; and if she will make a statement on the matter. [31846/01]

I propose to take Questions Nos. 14 and 15 together.

I apologise for my voice and hope it will last for Question Time.

As Minister for Arts, Heritage, Gaeltacht, and the Islands I have no legal function in the matter of the selection of the Director of the Irish Museum of Modern Art, IMMA. This function is specifically reserved to the board under paragraph 25 of the articles of association of the Irish Museum of Modern Art Company. Under this article the board has sole responsibility for the appointment of the chief executive who is the director of the Irish Museum of Modern Art.

My function in relation to the director is confined to approving, after consultation with the Minister for Finance, the remuneration, terms of office and other conditions of service as determined by the board.

Neither have I any responsibility, legal or otherwise, for the procedures adopted for the conduct of meetings of the board of IMMA. These are determined by the directors in accordance with articles 33-41 of the articles of association of the Irish Museum of Modern Art.

Two directors of the board submitted letters of resignation to me on 27 November referring to concerns they had in regard to the selection process for the appointment of a new director. I met them on 29 November to hear at first hand of their concerns. I made it clear that my role at that meeting could only be to listen to what they had to say. In arranging to meet the two directors in question, I indicated at the same time that I also wished to meet the chairman of the board. However, the then chairman tendered her resignation on 30 November with immediate effect and before any meeting could be arranged.

As I have stated, I categorically refute any suggestion that I made any views known about any of the candidates for the director-chief executive post at IMMA, neither were my views canvassed on the matter by any member of the board.

On Friday last, 7 December, I announced the appointment of Mr. Eoin McGonigal SC, as chairman of the board of the Irish Museum of Modern Art, IMMA. He has been a member of the board since February 2000. As I said last Friday, I am pleased that Mr. McGonigal has agreed to become chairman of the board of IMMA and I am confident he will provide the necessary leadership for this national cultural institution in the coming years.

I will make decisions filling the vacancies created by the resignation of three directors from the board of IMMA in due course. I am confident the appointment of Mr. McGonigal as chairperson and of the persons that I will appoint to fill the other vacancies will result in a board that can put the past behind and move the Irish Museum of Modern Art forward with confidence into the future.

The Minister stated that she had an opportunity to meet the two board members who resigned to discuss matters. Will the Minister indicate if they suggested that the selection process was faulty or was it carried out in a proper manner?

I am sure the Minister is aware of the very specific allegation of outside interference made in their letters of resignation by the two board members who resigned, by the chairman who subsequently resigned and by another highly respected board member, Ms Fiona O'Malley. It was alleged that the attitude of the Minister towards the appointment of this eminent Irishman in Australia was conveyed to them. Will the Minister say if she was aware of this, and if she made her own views on the appointment known to board members or a third party?

Does the Minister agree that this episode has been handled in a ham-fisted and spiteful manner? The professional and personal integrity of honourable people has been undermined in a scurrilous way, not least that of Mr. Brian Kennedy who holds a very high position of international repute in Australia, who has been irredeemably damaged by the way in which this saga has been handled from beginning to end.

I met the two board members who resigned because they had written to me, as well as given their letters of resignation to the papers. I wanted to hear from them, and as I indicated in my reply, my role was very much a listening one. I made it quite clear in a press statement that I met them and had every intention of meeting the chairman to discuss matters with her. The meeting with the two members was on the 29 November, the resignation of the chairman was on the following day, 30 November, and it was with immediate effect before any meeting could be arranged.

The implication of outside interference has annoyed me greatly. There was no question of me interfering. My function in regard to the director is confined to approving, after consultation with the Minister for Finance, their remuneration, term of office and other conditions and I have no say – nor would I wish to – in whom the board would choose to be director. It is purely a matter for the board and it is not up to the Minister of the day to get involved in its affairs. I give categorical assurance to this House that I did not express a view, either about the candidate to whom the Deputy refers, or to any other candidate, either directly or indirectly. I consider any suggestions to the contrary as being entirely mischievous.

Does the Minister not agree that the major issue arising from this sorry saga centres on the prestige of the Irish Museum of Modern Art and that restoring full confidence in it is of paramount importance, particularly in regard to people who might donate works to it?

Will the Minister inform us as to the investigations she carried out in regard to the allegations of interference? I accept what the Minister said to us, but it concerns me that a person could make a statement to the effect that the Minister's preference had been indicated. Does the Minister have any idea as to what gave rise to that allegation, which was made on the national airwaves?

I did not make any particular view known, either about that candidate or any other candidate, either directly or indirectly and I cannot be any clearer than that.

With regard to the morale and the business of IMMA, some would say that over the past year or so, the situation there has been somewhat turbulent. Whether one believes that, it is important that the new chairman, Mr. McGonigal, will give the leadership required to move forward and decide on the next director, and I have every confidence that he will. The choice is a matter for the board and is not one for me.

I had a meeting with staff members and they want to see confidence being restored in the museum. I share that view, and anyone who is aware of its tremendous reputation over the past ten years would wish to see it going from strength to strength. The necessary leadership will be given by the new chairman. The best way to continue is to look forward. I do not propose to take a great length of time to decide on other nominations to the board. It is a matter of great importance and I will consider it imminently.

Will the Minister indicate if Dr. Kennedy has formally refused the offer of appointment? Will she advise if there have been indications of other resignations from the board and, if so, if these have been conveyed to her? Does she agree that if this continues the board will disintegrate? In view of the damage inflicted on the professionalism and qualifications of an imminent Irishman of international stature, does the Minister agree that perhaps the State, which has inflicted this damage on his character and reputation, should issue him with an apology? Mr. Kennedy's work has been recognised world-wide, yet he has been castigated in Ireland. What has happened is shameful and disgraceful and he deserves an apology from the House.

Does the Minister agree that in view of the current situation and bearing in mind the adverse publicity at the time of the departure of the former director, an intervention by her at an earlier stage could have been productive? Has she sought to establish why people alleged that they were made aware of her preferences and has she endeavoured to have such allegations substantiated?

The question of Dr. Kennedy's position, referred to by Deputy McGinley, is a matter for the board and is not one on which I should comment. I have not commented privately or publicly and do not intend to do so. I adhere to the articles of association which make it clear that the Minister has no say in this matter.

I am not aware that any further members of the board wish to resign. I have taken the opportunity to contact them as a matter of courtesy because I wished to advise them of the appointment of Mr. Eoin McGonigal as the next chairperson before they read it in the newspapers. His appointment was warmly welcomed. There is no question of any further resignations.

Deputy O'Shea referred to the controversy surrounding the resignation of the previous director and asked why I did not intervene. It is amusing that one section of the Opposition alleges that I interfered where I should not, which I categorically deny, while another says I should have intervened in an earlier controversy. These are matters for the board and not for the Minister of the day. I again categorically deny that there was any interference by me and I did not ask anybody to make my views known, directly or indirectly. I kept them to myself.

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