I move amendment No. 29:
In page 26, between lines 14 and 15, to insert the following:
"8. (1) Where at a meeting of the Board any of the following matters arise, namely—
(a) an arrangement to which the Board is a party or a proposed such arrangement, or
(b) a contract or other agreement with the Board or a proposed such contract or other agreement, then, any such member of the Board present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall—
(i) at the meeting disclose to the Board the fact of such interest and the nature thereof,
(ii) neither influence nor seek to influence a decision to be made in relation to the matter,
(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,
(iv) take no part in any deliberation of the Board relating to the matter, and
(v) not vote on a decision relating to the matter.
(2) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.
(3) Where at a meeting of the Board a question arises as to whether or not a course of conduct, if pursued by a member of the Board, would constitute a failure by him or her to comply with the requirements of subparagraph (1), the question may be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
(4) Where the Minister is satisfied that a member of the Board has contravened subparagraph (1), the Minister may, if he or she thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for membership of the Board.
9. (1) Where a member of the staff of the Board has an interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Board is a party, that person shall—
(a) disclose to the Board his or her interest and the nature thereof,
(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Board or members of the staff of the Board in relation thereto, and
(c) neither influence nor seek to influence a decision to be made in relation to the matter nor make any recommendation in relation to the contract, agreement or arrangement.
(2) Subparagraph (1) shall not apply to contracts or proposed contracts of employment of members of the staff of the Board with the Board.
(3) Where a person contravenes this paragraph the Board may make such alterations to the person's terms and conditions of employment as it considers appropriate or terminate the person's contract of employment.".
This amendment is to provide clear guidelines in the legislation to cover conflicts of interest pertaining to members of the education finance board. A number of the survivor groups have raised this issue. The amendment will address their concerns and is a standard provision in legislation of this type.