Climate Action and Low Carbon Development (Amendment) Act 2021

Amendment of section 9 of Principal Act

10. (1) Section 9 of the Principal Act is amended—

(a) by the substitution, in subsection (1)(b), of “13 ordinary members” for “10 ordinary members”,

(b) in subsection (2)—

(i) by the deletion of paragraphs (b) and (d), and

(ii) by the insertion of the following new paragraph after paragraph (d):

“(e) the Director of the Irish National Meteorological Service, Met Éireann.”,

(c) by the substitution of the following subsection for subsection (4):

“(4) In nominating and appointing the chairperson and the ordinary members under subsection (3), the Minister and the Government shall—

(a) have regard to the range of qualifications, experience and competence necessary for the proper and effective performance of the functions of the Advisory Council and ensure that each member has knowledge of, or expertise in, at least one of the following areas:

(i) climate science;

(ii) adaptation policy;

(iii) transport policy;

(iv) energy policy;

(v) agricultural policy;

(vi) behavioural and communication science;

(vii) biodiversity and eco-system services;

(viii) economics;

(ix) finance;

(x) political sociology or ethics in relation to climate,

and

(b) use their best endeavours to ensure that the membership of the Advisory Council has—

(i) an appropriate balance of knowledge of, and expertise in, the areas specified in subparagraphs (i) to (x) of paragraph (a), and

(ii) an equitable balance between men and women.”,

(d) by the substitution, in subsection (5), of the following paragraph for paragraph (b):

“(b) An ordinary member (other than an ordinary member to whom subsection (2) applies) of the Advisory Council shall hold office for such period as the Minister shall determine, provided that—

(i) at least 2 such members shall hold office for a period of three years from the date of their appointment to such office, and

(ii) at least 3 such members shall hold office for a period of five years from the date of such appointment.”,

(e) by the substitution of the following subsection for subsection (6):

“(6) The chairperson and an ordinary member (other than an ordinary member to whom subsection (2) applies) of the Advisory Council whose term of office expires by the efflux of time shall be eligible for reappointment to the Advisory Council, provided that a person’s total period of membership of the Advisory Council does not exceed 10 years.”,

(f) by the substitution of the following subsection for subsection (7):

“(7) Where the term of office of the chairperson or an ordinary member (other than an ordinary member to whom subsection (2) applies) of the Advisory Council expires by the efflux of time and he or she is not reappointed, or by virtue of subsection (6) he or she is not eligible for reappointment, the chairperson or ordinary member may continue to hold office until the vacancy occasioned by him or her is filled by the appointment of another person.”,

(g) by the insertion of the following subsections after subsection (14):

“(14A) The chairperson shall chair meetings of the Advisory Council and in the event of the chairperson being unable to attend a meeting, or if the office of chairperson is vacant, the ordinary members who are present shall choose one of their number to chair the meeting.

(14B) Each member of the Advisory Council, including the chairperson, present at a meeting of the Advisory Council shall have a vote.

(14C) Every question at a meeting of the Advisory Council shall be determined by a majority of the votes of the members who are 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.

(14D) The quorum for a meeting of the Advisory Council shall be 7.”,

and

(h) by the insertion of the following subsection after subsection (16):

“(16A) Without prejudice to the generality of subsection (16), the Advisory Council shall establish, under that subsection, a committee to be known as the Adaptation Committee to assist and advise it in relation to the performance of any or all of its functions in relation to adaptation.”.

(2) A member of the Advisory Council (other than an ordinary member to whom section 9(2) of the Principal Act applies) holding office immediately before the coming into operation of this section shall, unless he or she sooner dies, resigns or otherwise ceases to hold office, continue to hold office until his or her current term of office expires.