Data Sharing and Governance Act 2019

Membership of Board and related matters

47. (1) The Board shall consist of not less than 6 and not more than 12 members.

(2) The members of the Board shall be appointed by the Minister.

(3) The Minister, in appointing the members of the Board, shall ensure that the members are persons who have the necessary knowledge, experience and competence in relation to the functions of the Board, including in relation to the protection of personal data.

(4) When appointing members of the Board, the Minister shall have regard to—

(a) the objective that at least 40 per cent of members of the Board shall be women and at least 40 per cent shall be men, and

(b) the guidelines, if any, prepared by the Minister in relation to appointments to boards of State bodies.

(5) The Minister may, following consultation with the Minister, if any, in whom functions in relation to the public body are vested, appoint a person who is an employee of, or holds an office or other position in, a public body to be a member of the Board.

(6) The Minister may appoint not less than 2 persons who are not employees of, or the holders of an office or other position in, a public body to be a member of the Board.

(7) The Minister shall ensure, where practicable, that not less than one third of the members of the Board are appointed pursuant to subsection (6).

(8) The Minister may from time to time appoint one member of the Board to act as its Chairperson.

(9) The Minister shall determine the terms and conditions of appointment of a member of the Board on appointment.

(10) Subject to subsection (11), each member of the Board shall hold office for 3 years from the date of his or her appointment.

(11) A person’s appointment under subsection (5) shall be terminated with effect from the earlier of—

(a) the date on which the person ceases to be employed by, or to hold an office or other position in, the public body concerned, and

(b) the date that is 3 years from the date of their appointment.

(12) A member of the Board whose term of office expires by the effluxion of time or whose appointment is terminated in accordance with subsection (11) shall be eligible for reappointment to the Board, but the total period of membership of the Board of a person shall not exceed 9 years.

(13) A member of the Board who is not employed by, or does not hold an office or position in, a public body may be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for vouched expenses incurred by the member as the Minister may determine.