Environmental Protection Agency Act 1992

Director General.

21

21.(1) The Director General shall be appointed by the Government.

(2) A committee shall be established consisting of—

(a) the Secretary to the Government,

(b) the Secretary of the Department of the Environment,

(c) the Chairperson of the Council of An Taisce—the National Trust for Ireland,

(d) the Managing Director of the Industrial Development Authority,

(e) the General Secretary of the Irish Congress of Trade Unions, and

(f) the Chief Executive of the Council for the Status of Women.

F43[(g) such person having relevant experience in relation to radiological protection as the Minister shall appoint.]

(3) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and—

(a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee, or

(b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period,

the Minister may appoint in the case of—

(i) the Secretary of the Government, some other officer of the Taoiseach who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956,

(ii) the Secretary of the Department of the Environment, some other officer of the Minister for the Environment, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956,

(iii) in any other case, some other person from the organisation or body referred to in subsection (2) to which the person referred to at paragraph (a) or (b) belongs,

to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(4) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and at the time of making the request any of the offices specified in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(5) Where pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.

(6) F44[]

(7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the Director General and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the Director General.

(8) Except in the case of a reappointment under subsection (13), the Government shall not appoint a person to be the Director General unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (7) in relation to that appointment.

(9) Notwithstanding subsection (7) or (8), if the Government decide not to appoint to be the Director General any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(10) Notwithstanding subsection (7) or (8), if the committee is unable to select any suitable candidate pursuant to a particular request—

(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(11) The Minister may make regulations as regards—

(a) the publication of notice that a request has been received by the committee under subsection (7), (9) or (10),

(b) applications for selection,

(c) any other matter which the Minister considers expedient for the purposes of this section.

(12) The Director General shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(13) Subject to the provisions of this section—

(a) the term of office of the Director General shall be seven years,

(b) the Director General may be reappointed by the Government for a second or subsequent term of office of seven years or less if, at the time of his reappointment, he is the outgoing Director General.

(14) (a) The Director General may resign his office by letter addressed to the Minister.

F45[(b) The Director General shall vacate Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(15) (a) The Director General shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister,with the consent of the Minister for Finance, may determine.

(b) Subject to the provisions of this section, the Director General shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(16) The Director General may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions and, in case the Director General is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

Annotations

Amendments:

F43

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 22(a), S.I. No. 354 of 2014.

F44

Deleted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 22(b), S.I. No. 354 of 2014.

F45

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), ss. 2(7), 11(2) and sch. 2 part 3, as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.

Editorial Notes:

E171

Power pursuant to subs. (11) exercised (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004).

E172

Previous affecting provision: subs. (14)(b) substituted (1.01.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 59(a), S.I. No. 574 of 2012; substituted as per F-note above.

E173

Previous affecting provision: subs. (14)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per E-note above.

E174

Previous affecting provision: power pursuant to subs. (11) exercised (6.03.2003) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 (S.I. No. 91 of 2003); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004, reg. 2.

E175

Previous affecting provision: power pursuant to subs. (11) exercised (24.01.2002) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002 (S.I. No. 15 of 2002); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

E176

Previous affecting provision: power pursuant to subs. (11) exercised (29.07.1992) by Environmental Protection Agency (Selection Procedures) Regulations 1992 (S.I. No. 215 of 1992); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.