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Departmental Bodies.

Dáil Éireann Debate, Tuesday - 24 February 2004

Tuesday, 24 February 2004

Ceisteanna (11)

Thomas P. Broughan

Ceist:

105 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources the nature of the personal probity test it is intended to apply to directors of State-sponsored companies; if existing directors will be subjected to the test; if it will apply to new appointments only; if he will examine the possibility of an independent appointments system for semi-State boards within his remit; and if he will make a statement on the matter. [5967/04]

Amharc ar fhreagra

Freagraí ó Béal (23 píosaí cainte)

The code of practice for the governance of State bodies, issued under Government decision dated 2 October 2001, directs that the highest standards of business conduct should apply in the corporate governance of State bodies. Particular importance is attached to the ethical behaviour of those appointed to positions of director in these bodies. The code contains an appendix setting out a framework code of business conduct for directors and employees.

To provide for greater transparency, I have proposed the introduction of a requirement whereby all those to be appointed or re-appointed to positions of director in the State bodies under the aegis of my Department will be required to produce a valid tax clearance certificate from the Revenue Commissioners. Existing directors, however, would serve out their terms under the conditions that applied when they were appointed. In addition, I have also proposed the introduction of a provision that all directors of State bodies under the aegis of my Department would sign an annual compliance statement on a personal basis in regard to the code of practice.

The Deputy is aware that my Department is not the only one with responsibility for State bodies and, in this context, the Department of Finance has convened a cross-departmental committee to consider the implications for the wider State body sector should this initiative proceed. The Deputy will appreciate that the question of examining a possible independent appointments system for directors of State bodies is one that would require cross-departmental consideration and is more appropriate a matter for my colleague, the Minister for Finance.

In comparison with several other Ministers, the Minister and the Minister of State have a wide range of State agencies and semi-State bodies under their remit. The number of such companies is 57, which is large. How many directors has the Minister appointed since he became Minister? He mentioned a few months ago that every director appointed would be required to undergo a personal probity test. Of what does that consist? To date, have any State directors under his aegis successfully taken it? He also said he would require tax clearance certificates from directors of semi-State bodies and agencies. To date, has that requirement been applied in respect of any directors he appointed?

What was the Deputy's second question?

It concerned personal probity. My questions were on the number of directors, personal probity and tax clearance certificates.

Offhand, I cannot say how many directors I have appointed since I became Minister.

The Minister appointed 47 in his first year.

If the Deputy submits a parliamentary question he will be given the information. Regarding personal probity, I have already outlined the situation in my letter of reply. The first aspect relates to the tax clearance certificate and the second to the signing of the annual statement regarding adherence to the code of practice. That is as far as I can go in this respect.

Can the Minister tell us what the new regime is? Many of us in this House are familiar with taking on the duties of directors, either in private business or for community bodies. We know that since the introduction of the Office of the Director of Corporate Enforcement under Mr. Appleby, and the corporate governance system introduced by the Tánaiste, being a director involves grave and onerous responsibilities. This issue arose under the Minister's remit regarding the disgraceful final reports from An Post last year, after which the Minister said the board had behaved very badly, though he did not sack anyone at that time. Is the Minister now applying these rules to directors of semi-State bodies? What is the Minister's personal view? People have noted in the past that we have had problems with semi-State bodies regarding corporate governance issues because the Minister's party, in particular, appointed a string of political hacks decade after decade. Many problems arose from that.

I love it. I love it.

Is it not time, just as with judges, for an independent appointments commission for directors of great and important State companies?

This Government very recently appointed Bruce Arnold, who could never be said to be a party hack. I am not going to take lectures from the likes of the Labour Party.

Here he goes again. The Minister is like a broken record.

The Deputy gave me an opening. Deputy Michael D. Higgins appointed his fundraiser, a Mr. Stokes, to the chair of the IRTC.

The Minister has very little time. Please allow him to reply.

The Minister's party has been in power for seven years.

There was serious disquiet in 1997 over board appointments when Fine Gael and the Labour Party made 40 political appointments to the boards of companies on the basis of the infamous "three, two and one" rule — three for Fine Gael, two for the Labour Party and one for Democratic Left. When I was Minister for Social, Community and Family Affairs, I walked down the corridor on my first day in office and saw an office full of computers, photocopiers and even mobile phones.

At least they were being used.

When I inquired about it, I was told the room was used by the former group around Proinsias De Rossa. He insisted that if Deputy John Bruton had a cabal around him, he had to have one too, and if former Deputy Spring had a cabal around him, he too had to have one.

The Minister's party has been in power for seven long years.

The former Deputy De Rossa even advertised in the Democratic Left newsletter asking people from his party to apply for posts.

The time is concluded.

Deputies should not accuse me of political hackery.

There are Fianna Fáil hacks in every State body.

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