Section 7(2)

Structure and seal

1. (1) Sport Ireland shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister for Public Expenditure and Reform have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

(2) The seal of Sport Ireland shall be authenticated by—

(a) the signature of the chairperson or another member of Sport Ireland, and

(b) the signature of a member of Sport Ireland’s staff,

authorised by Sport Ireland to act in that behalf.

(3) Judicial notice shall be taken of the seal of Sport Ireland and any document purporting to be an instrument made by, and to be sealed with the seal of, Sport Ireland shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Members of Sport Ireland

2. (1) Sport Ireland shall consist of 13 members, one of whom shall be a chairperson.

(2) The members of Sport Ireland shall be appointed by the Minister and shall be persons, who, in the opinion of the Minister, have experience of, or have shown capacity in, matters relevant to the functions of Sport Ireland.

(3) The chairperson of Sport Ireland shall be appointed by the Minister from among the members of Sport Ireland.

(4) The chairperson of Sport Ireland shall hold office for a period of 5 years from the date of his or her appointment.

(5) Other than the chairperson—

(a) at least one member of Sport Ireland shall be a person who has wide experience and competence in relation to financial matters, and

(b) at least one other member of Sport Ireland shall be a person who has wide experience and competence in relation to legal matters.

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

(7) Subject to subparagraph (8), a person who is appointed to be a member of Sport Ireland shall hold office for the period of 5 years from the date of his or her appointment.

(8) The persons, other than the chairperson, who are first appointed to be members of Sport Ireland shall hold office as follows:

(a) 4 of such members shall hold office for the period of 3 years from the date of their appointment;

(b) 4 of such members shall hold office for the period of 4 years from the date of their appointment;

(c) the remaining members shall hold office for the period of 5 years from the date of their appointment.

(9) The members of Sport Ireland who are to hold office for the periods specified in subparagraphs (8)(a) and (b) shall be decided by lot to be drawn in such manner as shall be decided by the Minister.

(10) A person who has served 2 consecutive or non-consecutive terms as a member of Sport Ireland shall not be eligible for re-appointment.

Resignation, removal, etc., of members

3. (1) For the purposes of paragraph 2(10), a person who fills or occasions a casual vacancy shall be considered to have served a term as a member of Sport Ireland even though he or she held office for only part of the term.

(2) A member of Sport Ireland may, at any time, resign 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 later.

(3) The Minister may, at any time, remove from office a member of Sport Ireland where, in the Minister’s opinion—

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

(b) the member has committed stated misbehaviour, or

(c) the removal appears necessary for the effective performance of Sport Ireland’s functions.

(4) A person shall be disqualified for holding, and shall cease to hold, office as a member of Sport Ireland or a committee if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted of an offence involving fraud or dishonesty, whether or not in connection with a company,

(d) is convicted of an indictable offence,

(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act,

(f) has a conflict of interest of such significance that, in the opinion of the Minister, requires that he or she should not hold or should cease to hold such office, or

(g) fails to make a disclosure under paragraph 9.

Replacement of members

4. (1) Where a member of Sport Ireland dies or becomes disqualified for, resigns or is removed from, office, the Minister may appoint a person to be a member of Sport Ireland to fill the resultant casual vacancy.

(2) A person appointed to be a member of Sport Ireland under subparagraph (1) shall hold office for the remainder of the term of office of the member of it who occasioned the casual vacancy and shall, subject to paragraph 2, be eligible for reappointment as a member of Sport Ireland on the expiry of the period.

Meetings and procedure

5. (1) Sport Ireland shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The quorum for a meeting of Sport Ireland, unless the Minister otherwise directs, shall be 5.

(3) At a meeting of Sport Ireland—

(a) the chairperson of Sport Ireland shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of Sport Ireland is not present or if the office is vacant, the members of Sport Ireland who are present shall choose one of their number to be chairperson of the meeting.

(4) Each member of Sport Ireland (including its chairperson) present at a meeting of Sport Ireland shall have a vote.

(5) At a meeting of Sport Ireland, a question on which a vote is required shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(6) Subject to subparagraph (2), Sport Ireland may act notwithstanding one or more vacancies among its members.

(7) Subject to this Act, Sport Ireland shall regulate, by standing order or otherwise, its own procedure and business.

Committees

6. (1) Sport Ireland may—

(a) establish committees to assist and advise it on matters relating to any of its functions, and

(b) subject to subparagraph (6), appoint the chairperson and other members of a committee established under this paragraph.

(2) A committee shall consist of a chairperson and such number of other members as Sport Ireland may determine and may include persons who are not members of Sport Ireland and its staff.

(3) As soon as practicable after the establishment day, Sport Ireland shall establish a committee, to be known as the Anti-Doping Committee of Sport Ireland, to—

(a) assist and advise Sport Ireland in relation to the performance of its functions under section 8(1)(d) to (g), and

(b) exercise such powers and carry out such duties relating to that function as Sport Ireland may from time to time delegate to the committee.

(4) Without prejudice to the generality of subparagraph (1), Sport Ireland shall establish—

(a) a committee to assist and advise in relation to its functions relating to the development of a national sports campus on the site,

(b) a committee to assist and advise in relation to its functions relating to the development of coaching and coaches,

(c) a committee to assist and advise in relation to its functions relating to high performance sport.

(5) Where a power or duty is delegated under subparagraph (3) or (4), the power shall be exercised or the duty carried out in the name of the committee established under that subparagraph but subject to the general superintendence and control of Sport Ireland.

(6) The Minister, having consulted with the chairperson of Sport Ireland, shall appoint chairpersons of committees established under subparagraph (3) or (4).

(7) A member of a committee may be removed at any time from membership of the committee by—

(a) Sport Ireland, where the member was appointed under subparagraph (1), or

(b) the Minister, where the member was appointed under subparagraph (6).

(8) Sport Ireland may at any time dissolve a committee, but the committees established under subparagraph (3) or (4) shall not be dissolved without the Minister’s prior consent.

(9) Sport Ireland may—

(a) determine the terms of reference of a committee, and

(b) regulate the procedure and business of a committee but, subject to any such regulation, a committee may regulate its own procedure and business.

(10) A committee may act notwithstanding one or more vacancies in its membership.

Remuneration and expenses of members

7. A member of Sport Ireland shall be paid by Sport Ireland, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may from time to time, with the consent of the Minister for Public Expenditure and Reform, determine.

Membership of either House of Oireachtas, European Parliament or local authority

8. (1) Where a member of Sport Ireland or a committee, or a director of a subsidiary, the ch ief executive or other member of the staff of Sport Ireland or a subsidiary—

(a) accepts a nomination as a member of Seanad Éireann,

(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or

(d) is elected or co-opted as a member of a local authority,

he or she shall thereupon—

(i) in the case of a member of Sport Ireland or a committee, a director of a subsidiary or the chief executive, cease to be a member of Sport Ireland or the committee, a director of the subsidiary or the chief executive, and

(ii) in the case of a member of the staff of Sport Ireland or a subsidiary, stand seconded from employment by Sport Ireland or the subsidiary and shall not be paid by, or be entitled to receive from, Sport Ireland or the subsidiary any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority.

(2) Without prejudice to the generality of subparagraph (1), that paragraph shall be construed as prohibiting the reckoning of a period therein mentioned as service with Sport Ireland or a subsidiary for the purpose of any superannuation benefits payable under section 25 or otherwise.

(3) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the Standing Orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled under clause (a) or (c) or is such a member under clause (b), be disqualified for being a member of Sport Ireland or a committee, a director of a subsidiary, the chief executive or a member of the staff of Sport Ireland or a subsidiary.

Disclosure of interests

9. (1) Where a member of Sport Ireland or a committee, a director of a subsidiary, a member of the staff of Sport Ireland or a subsidiary or a consultant or adviser engaged by Sport Ireland or a subsidiary has any pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by Sport Ireland, a committee or a subsidiary, he or she shall—

(a) disclose to Sport Ireland, the committee or subsidiary the nature of the interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision relating to the matter,

(c) take no part in any consideration of the matter,

(d) withdraw from a meeting at which the matter is being discussed or considered for so long as it is being so discussed or considered, and

(e) where he or she is a member of Sport Ireland or a committee or a director of a subsidiary, neither vote nor otherwise act as such a member or director in relation to the matter.

(2) For the purposes of this paragraph, but without limitation to the generality of subparagraph (1), a person shall be regarded as having a beneficial interest in each of the following cases:

(a) the person, any connected relative of the person or a nominee of either of them is a member of a company or any other body which has a beneficial interest in, or material to, any matter referred to in that subparagraph;

(b) the person or any connected relative of that person is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, any such matter;

(c) the person or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which any such matter relates;

(d) any connected relative has a beneficial interest in, or material to, any such matter.

(3) For the purposes of this paragraph, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only that he or she or any company or other body or person mentioned in subparagraph (2) has an interest which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question in respect of the matter or in performing any function in relation to the matter.

(4) Sport Ireland shall determine any question as to whether a course of conduct, if pursued by a person, would be a failure by him or her to comply with subparagraph (1) and particulars of the determination shall be recorded in the minutes of a meeting at which the determination is made.

(5) If a disclosure is made under subparagraph (1) at a meeting of Sport Ireland, a committee or a subsidiary, particulars of the disclosure shall be recorded in the minutes of the meeting.

(6) The Minister, where he or she is satisfied that a member of Sport Ireland or a committee or a director of a subsidiary has contravened subparagraph (1), may remove the member or director from office, and a person removed from office pursuant to this paragraph shall thenceforth be disqualified for being a member of Sport Ireland or a committee or a director of a subsidiary.

(7) Where a person other than a person to whom subparagraph (6) applies contravenes subparagraph (1), Sport Ireland or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract for services with the person.

(8) Section 194 of the Companies Act 1963 shall not apply to a director of a subsidiary.

(9) Nothing in this paragraph shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with Sport Ireland or a subsidiary.

(10) In this paragraph “connected relative” in relation to a person, means a spouse, civil partner, parent, brother, sister, child or the spouse, or civil partner, of a child of that person.

Confidential information

10. (1) A person shall not unless authorised by Sport Ireland or, as appropriate, a subsidiary, or required by law, disclose confidential information obtained by him or her in his or her capacity, or while performing duties, as any of the following:

(a) a member of Sport Ireland or a committee;

(b) a director of a subsidiary;

(c) a member of the staff of Sport Ireland or a subsidiary;

(d) a consultant or adviser engaged by Sport Ireland or a subsidiary, or an employee of such a consultant or adviser;

(e) a person engaged by Sport Ireland or a subsidiary in any other capacity.

(2) Where the Minister is satisfied that a member of Sport Ireland or a committee or a director of a subsidiary has contravened subparagraph (1), he or she may, if he or she thinks fit, remove that member or director from office, and, where a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for being a member of Sport Ireland or a committee or a director of a subsidiary.

(3) Where a person mentioned in clause (c), (d) or (e) of subparagraph (1) contravenes that subparagraph, Sport Ireland or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract of service or a contract for services with the person.

(4) Nothing in subparagraph (1) shall prevent the disclosure of information to Sport Ireland or, as appropriate, a subsidiary or by or on behalf of Sport Ireland to the Minister.

(5) In this paragraph “confidential information” includes—

(a) information that is expressed by Sport Ireland or a subsidiary to be confidential either as regards particular information or as regards information of a particular class or description, or

(b) information relating to proposals of a commercial nature or to tenders submitted to Sport Ireland or a subsidiary by a contractor, a consultant or any other person.