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Insertion of sections 6A and 6B in Principal Act
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11. The Principal Act is amended by the insertion of the following sections after section 6:
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“Board of Uisce Éireann
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6A. (1) Subject to section 6B(7), each director of Uisce Éireann standing appointed immediately before the appointed day shall cease to be a director of Uisce Éireann on the appointed day.
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(2) Uisce Éireann shall have a board (in this Act referred to as the ‘Board’) which shall consist of at least 5 and not more than 10 directors (including its chairperson and the chief executive officer), each of whom shall be appointed by the Minister, with the consent of the Minister for Public Expenditure and Reform.
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(3) The Minister, with the consent of the Minister for Public Expenditure and Reform, shall appoint one of the directors of Uisce Éireann to be its chairperson.
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(4) Of the persons appointed to be directors of Uisce Éireann under subsection (2), one shall be nominated by the Irish Congress of Trade Unions in accordance with subsection (11).
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(5) The Minister shall, in so far as is practicable, endeavour to ensure that among the directors of Uisce Éireann there is an equitable balance between men and women.
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(6) The Board may act notwithstanding one or more vacancies among its directors subject to having a quorum of 3.
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(7) An appointment to the Board and the appointment of the company secretary of that Board shall each be subject to such terms and conditions as are set out in the constitution of Uisce Éireann.
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(8) There may be paid to the directors of Uisce Éireann, out of monies at the disposal of Uisce Éireann, such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.
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(9) A director of Uisce Éireann (other than the chief executive officer) shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.
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(10) A director of Uisce Éireann whose term of office expires by the passage of time shall be eligible for reappointment to the Board, provided he or she does not hold office for more than 2 terms of office, whether the terms are served consecutively or otherwise.
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(11) The Irish Congress of Trade Unions shall, whenever so requested by the Minister, nominate no less than 2 candidates for appointment to the Board and shall inform the Minister, within such period as the Minister shall specify when making the request, of the names of the candidates nominated and of the reasons why, in the opinion of the Irish Congress of Trade Unions, they are suitable for such appointment.
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(12) A director of Uisce Éireann may resign from office by giving notice to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice.
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Chief Executive Officer
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6B. (1) Subject to subsection (7), the Board shall, with the consent of the Minister, appoint the chief executive officer of Uisce Éireann (in this Act referred to as the ‘chief executive officer’).
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(2) The chief executive officer shall—
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(a) carry on, manage and control generally, the administration of Uisce Éireann,
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(b) advise the directors of Uisce Éireann in relation to the performance by Uisce Éireann of its functions.
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(3) Subject to section 6A(2), the chief executive officer shall be an ex officio director of Uisce Éireann but he or she shall not be the chairperson.
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(4) The chief executive officer shall hold office under a written contract of service for such term, and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as are specified in the contract, as may be determined by the Board with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.
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(5) The chief executive officer may, with the consent of the Minister, be removed from office by the Board for stated reasons.
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(6) The chief executive officer shall not hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business without the consent of the Board.
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(7) The person who stands appointed as chief executive officer of Uisce Éireann immediately before the appointed day shall continue to—
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(a) hold that office upon and subject to the same terms and conditions, and
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(b) be an ex officio director of Uisce Éireann,
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for the remainder of his or her term of office.”.
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