Broadcasting Act 2009

84.

Terms and removal.

84.— (1) There shall be paid to members of the board of a corporation, out of monies at the disposal of the corporation, 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 members of the board of a corporation, out of monies at the disposal of the corporation, 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 Act, a member of the board of a corporation shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Minister, with the consent of the Minister for Finance, from time to time determines.

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

(5) A member of the board of a corporation may at any time be removed from membership of the board of the corporation 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 corporation 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 board of a corporation shall cease to be and shall be disqualified from being a member of the corporation 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 a corporation, who is appointed to serve on the board of the corporation or the director general of the corporation, shall cease to be a member of the board of the corporation on the cessation of his or her contract of service with the corporation.

(8) Where a member of the board of a corporation fails—

( a) for a consecutive period of 6 months, to attend a meeting of the corporation, unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness, or

( b) to comply with the requirements of section 93 , 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 office.

(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 of the board of a corporation appointed by the Government, on the nomination of the Minister under section 81(1)(a) or following an election under section 83 , dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the board of the corporation, the Government on the nomination of the Minister, may appoint a person to be a member of the board of the corporation 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 board of the corporation appointed by the Government, on the nomination of the Minister or following an election under section 83 , who occasioned the casual vacancy.

(11) In choosing a person to fill a casual vacancy occasioned by the cessation of membership of a member appointed by Government following an election under section 83 , the Government shall select the next eligible candidate, if any, under section 83(11) . Where 2 or more candidates are credited with an equal number of votes, the Government shall select one of them by lot.

(12) If a member of the board of a corporation appointed by the Government on the nomination of the Minister under paragraph (b) of section 81(1) dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the board of the corporation, 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 board of the corporation 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 board of the corporation appointed by the Government on the nomination of the Minister under paragraph (b) of section 81(1) , who occasioned the casual vacancy.