Education (Welfare) Act, 2000

SCHEDULE

National Educational Welfare Board

Section 9.

1. (1) The Board shall be a body corporate with perpetual succession and a common seal and a power to sue and be sued in its corporate name and, with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(2) The seal of the Board shall be authenticated by the signature of the chairperson of the Board or by the signatures of both an ordinary member and a member of the staff of the Board authorised by the Board to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by and to be sealed with the seal of the Board (purporting to be authenticated in accordance with this paragraph) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

2. (1) The Board shall consist of the following members, that is to say:

(a) a chairperson, who shall be appointed by the Minister from among persons having, in the opinion of the Minister, a special interest and expertise in matters relating to the functions of the Board,

(b) 12 ordinary members, of whom—

(i) one shall be the Chief Executive,

(ii) one shall be appointed by the Minister after consultation by him or her with national associations of parents,

(iii) one shall be appointed by the Minister after consultation by him or her with recognised school management organisations,

(iv) one shall be appointed by the Minister after consultation by him or her with trade unions and staff associations representing teachers,

(v) one shall be appointed by the Minister after consultation by him or her with educational welfare officers,

(vi) one shall be appointed by the Minister after consultation by him or her with voluntary or other bodies that have objects that the Minister considers relate to matters in respect of which the Board performs functions, and

(vii) 6 shall be appointed by the Minister after consultation by him or her with the Minister for Health and Children, the Minister for Justice, Equality and Law Reform, the Minister for Social, Community and Family Affairs, the Minister for Enterprise, Trade and Employment and the Minister for Tourism, Sport and Recreation, from among persons who in the opinion of the Minister have a special interest and expertise in matters relating to the functions of the Board.

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

(3) An ordinary member of the Board (other than the Chief Executive) shall hold office for a period of 3 years from the date of his or her appointment.

(4) A member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board.

(5) Upon the expiration of the first term of office of a person first appointed to be a member of the Board or on such a member otherwise ceasing to be a member of the Board, and on each subsequent occasion thereafter when the term of office of a member of the Board expires or a member of the Board otherwise ceases to be a member of the Board, the Minister shall exercise his or her powers under subparagraph (1) so that the result referred to in subparagraph (6) is achieved.

(6) The result mentioned in subparagraph (5) is that at any particular time not less than 3 members of the Board are persons who were not previously appointed to be members of the Board.

3. (1) The Minister may at any time remove from office a member of the Board.

(2) A member of the Board may resign from office by notice in writing given to the Minister and the resignation shall take effect on the date on which the Minister receives the notice.

(3) A member of the Board shall cease to be qualified for office and shall cease to hold office if—

(a) he or she is adjudicated bankrupt,

(b) he or she makes a composition or arrangement with creditors,

(c) he or she is convicted of any indictable offence in relation to a company,

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

(e) he or she is the subject of an order under section 160 of the Companies Act, 1990 , or

(f) he or she is sentenced to a term of imprisonment by a court of competent jurisdiction.

(4) A member of the Board shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Minister, with the consent of the Minister for Finance.

4. (1) If a member of the Board dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned in the same manner as the member of the Board who occasioned the casual vacancy was appointed.

(2) A person appointed to be a member of the Board pursuant to this paragraph shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall be eligible for reappointment as a member of the Board on the expiry of the said period.

5. The chairperson and each ordinary member of the Board shall be paid by the Board such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may determine.

6. (1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) At a meeting of the Board—

(a) the chairperson of the Board shall, if present, be the chairperson of the meeting, or

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

(3) Every question at a meeting shall be determined by a majority of the votes of the members of the Board 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 or casting vote.

(4) The Board may act notwithstanding one or more vacancies among its members.

(5) Subject to the provisions of this Act, the Board shall regulate its procedure by rules or otherwise.

(6) The quorum for a meeting of the Board shall unless the Minister otherwise directs be 7.

7. (1) Where a member of the Board is—

(a) nominated as a member of Seanad éireann,

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

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

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

(2) Where a member of the staff of the Board is—

(a) nominated as a member of Seanad éireann, or

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

(c) regarded pursuant to the said Part XIII, as having been elected to that Parliament,

he or she shall thereupon stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a representative in such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified for membership of the Board or for employment in any capacity by the Board.

(4) A period mentioned in subparagraph (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Board.

8. (1) Where at a meeting of the Board any of the following matters arise, namely—

(a) an arrangement to which the Board is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Board or a proposed such contract or other agreement,

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

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

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

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

(iv) take no part in any deliberation of the Board relating to the matter, and

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

(2) Where an 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.

(3) Where at a meeting of the Board a question arises as to whether or not a course of conduct, if pursued by a member of the Board, would constitute a failure by him or her to comply with the requirements of subparagraph (1), the question may 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.

(4) Where the Minister is satisfied that a member of the Board has contravened subparagraph (1), the Minister may, if he or she thinks fit, remove that member from office and, in case a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for membership of the Board.

9. (1) Where a member of the staff of the Board has an interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Board is a party, that person shall—

(a) disclose to the Board his or her interest and the nature thereof,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Board or members of the staff of the Board in relation thereto, and

(c) neither influence nor seek to influence a decision to be made in the matter nor make any recommendation in relation to the contract, agreement or arrangement.

(2) Subparagraph (1) shall not apply to contracts or proposed contracts of employment of members of the staff of the Board with the Board.

(3) Where a person contravenes this paragraph the Board may make such alterations to the person's terms and conditions of employment as it considers appropriate or terminate the person's contract of employment.

10. (1) A person shall not disclose confidential information obtained by him or her while performing duties as a member or member of the staff of, or an adviser or consultant to, the Board unless he or she is duly authorised by the Board to do so.

(2) A person who contravenes subparagraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.

(3) In this section, “confidential information” includes—

(a) information that is expressed by the Board to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Board by contractors, consultants or any other person.

11. 1) The Board may establish committees to advise it in relation to the performance of any or all of its functions and may determine the terms of reference and regulate the procedure of any such committee.

(2) A committee established under this paragraph may include persons who are not members of the Board.

(3) A committee established under this paragraph shall, where the Chief Executive considers it appropriate, include the Chief Executive or such other person as may be nominated by the Chief Executive.

(4) A member of a committee established under this paragraph may be removed from office at any time by the Board.

(5) The Board may at any time dissolve a committee established under this paragraph.

(6) The Board may appoint a person to be chairperson of a committee established under this paragraph.

(7) There may be paid by the Board to members of a committee established under this paragraph such allowances for expenses (if any) incurred by them as the Board may, with the consent of the Minister and the Minister for Finance, determine.