National Minimum Wage Act 2000

F41 [ SCHEDULE 2

Low Pay Commission

Membership

1. (1) The Commission shall consist of a chairperson and 8 ordinary members, each appointed by the Minister.

(2) Of the ordinary members

(a) 3 shall be appointed from among persons who, in the opinion of the Minister, have an understanding of the interests of low paid workers, very good knowledge and experience of working on behalf of workers interests or representing workers, particularly low paid workers or a proven track record in an advocacy or representational role on behalf of low paid workers,

(b) 3 shall be appointed from among persons who, in the opinion of the Minister, have an understanding of the interests of employers, particularly small to medium-sized employers and those operating in traditionally low pay sectors, and who possess a good knowledge and understanding of the particular issues faced by Irish businesses, particularly in relation to labour costs and competitiveness, and

(c) 2 members shall be appointed from among persons who, in the opinion of the Minister have particular knowledge or expertise in relation to some or all of the following; economics, labour market economics, statistics and employment law and proven competence in analysing and evaluating economic research and statistical analysis.

(3) The Minister shall, in so far as is practicable, endeavour to ensure that among the members there is an equitable balance between men and women.

(4) Where there is a vacancy (however occasioned) in the membership of the Commission, the Minister shall, if it is reasonably practicable to do so, appoint a replacement before the end of the period of 6 months beginning on the day on which the vacancy arose.

Term of office

2. (1) The term of office of a member of the Commission is 3 years from the date of his or her appointment.

(2) A person may not be a member of the Commission for more than 2 consecutive terms of office but is otherwise eligible for reappointment.

Resignation and termination of office

3. (1) A member of the Commission may at any time resign from office by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Minister, whichever is the later.

(2) The Minister may remove a member of the Commission from office if, in the opinion of the Minister

(a) the member has become incapable through ill-health of effectively performing the functions of the office,

(b) the member has committed stated misbehaviour,

(c) the member has a conflict of interest of such significance that, in the opinion of the Minister, the member should cease to hold the office, or

(d) the removal of the member appears to be necessary for the effective performance by the Commission of its functions.

(3) A person shall be disqualified from holding and shall cease to hold office as a member of the Commission if he or she

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

(d) is convicted of an offence involving fraud or dishonesty,

(e) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 ,

(f) is a person to whom a declaration under section 150 of the Companies Act 1990 applies, or

(g) is a restricted person within the meaning of Chapter 3 of Part 14 of the Companies Act 2014 .

(4) Where the Minister appoints a new member of the Commission because a member has died, resigned, been removed from office or become disqualified from holding office, the term of office of the new member shall be for a period of 3 years.

(5) Subject to such rules as the Commission may make regarding a quorum, the Commission may act despite one or more vacancies in its membership.

Remuneration and other terms and conditions of office

4. Each member of the Commission shall

(a) hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister may determine, and

(b) be paid by the Minister such remuneration (if any) and allowances for expenses (if any) as the Minister with the consent of the Minister for Public Expenditure and Reform may determine.

Membership of Oireachtas, European Parliament or local authority

5. (1) Where a member of the Commission

(a) is nominated as a candidate for election to either House of the Oireachtas or the European Parliament,

(b) is nominated as a member of Seanad É ireann,

(c) is elected as a member of either House of the Oireachtas or the European Parliament,

(d) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy, or

(e) becomes a member of a local authority,

he or she shall thereupon cease to be a member of the Commission.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament or of a local authority shall, while so entitled or such a member, be disqualified from becoming a member of the Commission.

Appearance before Oireachtas Committees

6. The chairperson of the Commission shall, whenever requested to do so, account for the performance of the functions of the Commission to a Committee of either House of the Oireachtas.

Procedure and quorum

7. Subject to this Act, the Commission shall regulate the procedures and business of the Commission, including the fixing of a quorum for meetings of the Commission. ]