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Disclosure of interests
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21. (1) Where a member of the Board has a pecuniary interest or other beneficial interest in, or material to, any matter to be considered by the Board in relation to the functions of Tailte Éireann, including—
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(a) an arrangement to which Tailte Éireann is a party,
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(b) an arrangement to which Tailte Éireann proposes to become a party,
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(c) a contract or other arrangement with Tailte Éireann, or
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(d) a proposed contract or other arrangement with Tailte Éireann,
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he or she shall—
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(i) in advance of any consideration of the matter, disclose that interest and its nature to the Board,
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(ii) take no part in any deliberation of the matter or make any recommendation in relation to the matter,
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(iii) not influence, or seek to influence any decision to be made in relation to the matter,
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(iv) absent himself or herself from any meeting at which the matter is being discussed, and
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(v) not vote on any decision in relation to the matter.
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(2) Without prejudice to the generality of subsection (1), a person is regarded for the purposes of this section as having a beneficial interest if—
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(a) he or she or any connected relative, any nominee of his or hers or any connected relative of the nominee is a member of a company or any other entity which has a beneficial interest in, or material to, a matter to be considered by the Board or the person in relation to the functions of Tailte Éireann,
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(b) he or she or any connected relative is in partnership with or in the employment of a person who has a beneficial interest in, or material to, such a matter,
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(c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or
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(d) any connected relative has a beneficial interest in, or material to, such a matter.
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(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of the person, or of any company or other entity or person referred to in subsection (2), which is so remote or insignificant that it could not reasonably be regarded as likely to influence a person in considering, discussing or voting on any question with respect to the matter or in performing any function in relation to it.
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(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by the person to comply with subsection (1), the question may, subject to subsection (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the determination is so made shall be recorded in the minutes of the meeting.
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(5) Where, at a meeting of the Board, the chairperson of the meeting is the person in respect of whom a question to which subsection (4) applies falls to be determined, the other members of the Board attending the meeting shall choose one of their members to be the chairperson of the meeting for the purposes of determining the question concerned.
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(6) Where a disclosure under subsection (1) is made to the Board, particulars of the disclosure shall be recorded in the minutes of the meeting concerned and for so long as the matter which is the subject of the disclosure is being dealt with at the meeting, the person by whom the disclosure is made shall not be counted in the quorum for the meeting.
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(7) Where the Minister is satisfied, on being informed by the Board, that a member of the Board has contravened subsection (1), the Minister shall determine the appropriate action (including removal from office) to be taken in relation to that person.
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(8) Where the Board is satisfied that a person other than a member of the Board has contravened subsection (1), the Board shall determine the appropriate action (including termination of contract) to be taken.
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(9) In this section—
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(a) “connected relative”, in relation to a person, means—
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(i) a spouse, civil partner, parent, brother, sister or child of that person, or
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(ii) a spouse or civil partner of a child of that person,
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and
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(b) a reference to the Board includes a reference to a committee of the Board appointed under paragraph 5 of Schedule 1.
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