Broadcasting Act 2009

10.

Terms and removal.

10.— (1) There shall be paid to the members of the Authority and a statutory committee appointed by the Government, out of money at the disposal of the Authority such remuneration (if any) as the Minister, with the consent of the Minister for Finance, from time to time determines.

(2) There shall be paid to the members of the Authority and a statutory committee, out of money at the disposal of the Authority, such allowances for expenses incurred by them in the performance of their functions as the Minister, with the consent of the Minister for Finance, from time to time determines.

(3) Subject to this Part, a member of the Authority or a statutory committee shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister determines at the time of his or her appointment.

(4) The Minister shall cause a statement in writing specifying the expertise or experience, terms of office and remuneration of the members of the Authority and a statutory committee to be laid before both Houses of the Oireachtas and published in the Iris Oifigiúil.

(5) A member of the Authority or a statutory committee may at any time be removed from membership of the Authority or the statutory committee, as the case may be, by the Government if, in the Government’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Government to be necessary for the effective performance by the Authority or the statutory committee, as the case may be, of its functions, and only if, resolutions are passed by each House of the Oireachtas calling for his or her removal.

(6) A member of the Authority or a statutory committee shall cease to be and shall be disqualified from being a member of the Authority, or the statutory committee where such member—

( a) is adjudicated a bankrupt,

( b) makes a composition or arrangement with creditors,

( c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment,

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

( e) is disqualified or restricted from being a director of any company.

(7) A member of staff of the Authority who is appointed by the Authority to serve on a statutory committee shall cease to be a member of the committee on the cessation of his or her contract of service with the Authority.

(8) Where a member of the Authority or a statutory committee fails—

( a) for a consecutive period of 6 months, to attend a meeting of the Authority or the statutory committee, as the case may be, unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness,

( b) to comply with the requirements of section 21 , or

( c) to make a declaration in accordance with the requirements of section 17 of the Ethics in Public Office Act 1995,

the Minister may, with the consent of the Government, by order remove the member from membership of the Authority or the statutory committee, as the case may be.

(9) ( a) An order made under subsection (8) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

( b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a) , pass a resolution annulling the order.

( c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

(10) If a member (other than a member referred to in subsection (11) ) of the Authority, or a statutory committee appointed by the Government on the nomination of the Minister dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the Authority, or the statutory committee, as the case may be, the Government on the nomination of the Minister, may appoint a person to be a member of the Authority or a statutory committee to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the Authority or the statutory committee, as the case may be, appointed by the Government on the nomination of the Minister who occasioned the casual vacancy.

(11) If a member of the Authority appointed by the Government on the nomination of the Minister under paragraph (b) of section 8(1) , dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the Authority, the Government on the nomination of the Minister, the Minister having regard to the advice of the Joint Oireachtas Committee, may appoint a person to be a member of the Authority to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the Authority appointed by the Government on the nomination of the Minister under paragraph (b) of section 8(1) who occasioned the casual vacancy.

(12) If a member of a statutory committee appointed by the Authority dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the committee, the Authority may appoint one of its members or a member of staff of the Authority to be a member of the committee to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the member of the committee appointed by the Authority who occasioned the casual vacancy.