Further Education and Training Act 2013

16.

Disclosure by members of An tSeirbhís of certain interests.

16.— (1) Where at a meeting of An tSeirbhís any of the following matters arises, namely—

( a) an arrangement to which An tSeirbhís is a party or a proposed such arrangement, or

( b) a contract or other agreement with An tSeirbhís or a proposed such contract or other agreement,

then, any member of An tSeirbhís present at the meeting who otherwise than in his or her capacity as such a member has a material interest in the matter shall—

(i) at the meeting, disclose to An tSeirbhís the fact of such interest and the nature thereof,

(ii) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

(iii) take no part in any deliberation of An tSeirbhís relating to the matter, and

(iv) not vote on a decision relating to the matter.

(2) A member of An tSeirbhís who, otherwise than in his or her capacity as such a member has a material interest in—

( a) an arrangement or proposed arrangement to which paragraph (a) of subsection (1) applies, or

( b) a contract or other agreement or a proposed contract or other agreement to which paragraph (b) of that subsection applies,

shall neither influence nor seek to influence any decision to be made by An tSeirbhís in relation thereto.

(3) Where a material interest is disclosed pursuant to this section, 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.

(4) Where at a meeting of An tSeirbhís a question arises as to whether or not a course of conduct, if pursued by a member of An tSeirbhís, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may, subject to subsection (5), 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.

(5) Where at a meeting of An tSeirbhís, the chairperson of the meeting is the member in respect of which a question to which subsection (4) applies falls to be determined, then the other members of An tSeirbhís attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(6) Where the Minister is satisfied that a member of An tSeirbhís has contravened subsection (1) or (2), the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of An tSeirbhís.