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Thursday 2 October 2014

Seanad Bye-Election 10th October 2014 IMMA board timeline

To continue from the bottom of Seanad Bye-Election 10th October 2014 post 3 in regard to the pre-electtion, manifesto and programme for government promises in regard to ministerial appointments.

Fintan O'Toole had a good column Does appointment of McNulty to board of Imma meet seven principles of public office? which is based on the UK Ministerial code's 'The Seven Principles of Public Life'. Page 25.


Ministerial Code Cabinet Office 2010.
General principle
Ministers have a duty to ensure that influence over civil service and public appointments is not abused for partisan purposes
Civil service appointments must be made in accordance with the requirements of the Constitutional Reform and Governance Act 2010 and the Civil Service Commissioners’ Recruitment Principles. Public appointments should be made in accordance with the requirements of the law and, where appropriate, the Code of Practice issued by the Commissioner for Public Appointments.

Code Of Conduct For Office Holders As Drawn Up By The Government Pursuant To Section 10(2) Of The Standards In Public Office Act 2001

1.5. Highest ethical standards to be applied at all times
Office holders in particular should
- act only by reference to and dedicate the resour es of their offices in furtherance of the public interest
- make decisions and encourage and support the making of decisions on merit and without discrimination
- not be influenced in their official duties by personal considerations
- be accountable for their decisions
- protect the integrity of the offices they hold
- respect confidences entrusted to them in the course of their official duties
- respect at all times the role of the Accounting Officers of their Departments and the obligations of staff under the Civil Service Code of Conduct.

2.2.7. Appointments
Subject to provisions in legislation or other formal requirements for the establishment of Government bodies or the filling of positions, appointments by members of the Government should be made on the basis of merit, taking into account the skills, qualifications and experience of the person to be appointed, as well as any other elevant criteria including, for example, requirements in relation to gender balance.

Cabinet Handbook 2007


1.9 Ethics Framework
The ethics framework for office holders is set out in the: -
Ethics in Public Office Act, 1995 and the Standards in Public Office Act, 2001, Guidelines on Compliance with the provisions of those Acts and Code of Conduct for Office Holders as drawn up by the Government and operative since 3 July 2003.

Office holders are obliged to familiarise themselves with and observe those requirements.

I cannot find master set of rules for appointment to state boards, where are they written down? The State board code of Practice doesn't have much detail on the appointment process. Though many of the state board vacancy notices share the same language, "In making any Board appointments, the Minister will not necessarily be confined to those who make such expressions of interest".

Commission for Public Service Appointments
Code of Practice for Appointment to Positions in the Civil Service and Public Service

This Code of Practice sets out the principles to be observed in respect of
both external and internal appointments to positions in the Civil Service, An
Garda Síochána, the Health Service Executive, the Health Information and
Quality Authority, any other public body to which the application of the
Public Service Management (Recruitment and Appointments) Act 2004 has
been extended by order of the Minister for Finance

The relevant government minister is responsible for
all matters relating to recruitment including
eligibility criteria, terms and conditions and use or
knowledge of the Irish language.

Little detail.

Code Of Practice For The Governance Of State Bodies May, 2009
Arrangements for appointments to the boards of State bodies are, in general,
set out in the legislation establishing the bodies in question.

National Cultural Institutions Act, 1997.

Can't find anything there about Minister's Appointments.

Department Arts Heritage and Gaeltacht
Public call for expressions of interest for cultural board positions 2013.

All appointments will be made in accordance with the legislation governing appointments to each body. The Minister will not be restricted to considering only those who have responded to this invitation.

Alot of the codes of conducts speak about financial gain rather then party gain, although they do talk about public interest.

Ministers and Secretaries Act, 1924

Code Of Conduct For Members Of Dáil Éireann Other Than Office Holders.

Code of Practice for the Governance of State Bodies

Standards in Public Life list of laws on Department of Environment website.
Public Service Management (Recruitment and Appointments) Act 2004.

Public Service Management (Recruitment and Appointments) Act 2004.

Code of Conduct for councillors
Local Government Act 2001 Section 169.
Code of Conduct for Councillors June 2004.

3.6 ... The public perception of the way a councillor is seen to deal with such matters is important for the maintenance of trust in local government.

3.7 ... The test to be applied by a councillor is not just what s/he might think - but rather whether a member of the public knowing the facts of the situation would reasonably think that the interest concerned might influence the person in the performance of his or her functions. If so, disclosure should
follow and a councillor should consider whether in the circumstances s/he should withdraw from consideration of the matter. In this context it is important to ensure that as well as the avoidance of actual impropriety, occasions for suspicion and appearance of improper conduct are also avoided in case of private or personal interests.

These quotes are in reference to disclosure of interests but I think it shows that the rule that its not just corruption but the perception of corruption that must be avoided applies for councillors generally.

John McNulty's Memberships

National Cultural Institutions Act, 1997.

Membership of either House of Oireachtas or European Parliament.
26.—(1) Where a member of a Board is—
(a) nominated as a member of Seanad Éireann, or
he or she shall thereupon cease to be a member of the Board.

Arts boards reform

National Gallery of Ireland, Irish Museum of Modern Art, Crawford Art Gallery: Summary of Reform Proposals 2012

The boards of the three institutions to be retained, but scaled back to a maximum of 9 members each, including the Chair.

31/10/12 - Deenihan outlines reform actions for Arts, Heritage and Gaeltacht organisations

Some of the reform actions now being progressed include:

National Gallery of Ireland, Irish Museum of Modern Art, Crawford Art Gallery

• The boards of the three institutions to be scaled back to a maximum of 9 members each, including the Chair

Governance of Cultural Institutions 26 March 2013
Speech by Minister Jimmy Deenihan
Department of Arts, Heritage and the Gaeltacht
To ensure that appointments by the Minister of the day to these boards will have regard to an independent assessment process, based on a skills matrix to be drawn up by the Minister and managed through the Public Appointments Service;

To scale back the boards of the National Gallery of Ireland, IMMA and the Crawford Gallery to a maximum of 9 members each, including the Chair, all serving on a pro bono basis;

New Ministers briefing Summer 2014.
Contine to work on the implementation of the Government decision on reform of the NGI, IMMA nad Crawford Gallery -Heads of Bill approved by Government and submitted to Oireachtas Commmittee

Minister Heather Humphreys said in Seanad speech on the 23rd of September that
Legislation is required in order to reduce the number of members of the board, and this legislation is pending.

Programme for Legislation Autumn Session 2014 as published 17th September 2014. Legislation Programme Autumn 2014 PDF

Bills in respect of which heads have been agreed and texts are being drafted
Arts, Heritage and the Gaeltacht
Title of BillPurpose of BillStatus of Bill
32National Cultural Institutions (No. 1) BillTo revise and update the governance arrangements in regard to the National Gallery, Irish Museum of Modern Art and Crawford Art Gallery Cork, including shared services
Publication Expected - Late 2015

15.04.11 Minister Deenihan advertises for Board members for the National Concert Hall, Irish Museum of Modern Art (IMMA)

Answer to parliamentary question re IMMA board membership by Department of Arts, Heritage and the Gaeltacht.

Appointments to State Boards Sept 2012, 9 members.
Appointments to State Boards June 2012, 9 members

Appointments to State Boards21 November 2013, 8 members

Total number of places on the board 15 Board positions currently vacant 7.
8 members
Length of time that the vacancy has been unfilled. one since February 2012 Has the vacancy been publicly advertised? Yes – in May 2011 and again in June 2013

Appointments to State Boards 18 June 2014
Appointments to State Boards 8 July 2014

Number drawn from the public advertisement process.
Presumably Emma Goltz (collector) November 2013.

04/06/2013 Minister Deenihan advertises for Board members for the Irish Museum of Modern Art

Merrionstreet Announcement of Board Vacancies
Minister Deenihan stated: "this is an exciting opportunity for suitable and experienced people to help shape the future of these wonderful institutions. We are seeking to widen the pool of suitable candidates for consideration for appointment to these bodies."
Interested persons should state the Board('s) they wish to be considered for appointment to, their area of expertise, relevant experience and qualifications, and also set out clearly any actual or potential conflicts of interest if they were to be appointed to a Board.

A general advertisement seeking expressions of interest in May 2011 Number of applications received 67.

nanes and numbers workings

Current IMMA board Google Timeline.
IMMA board Dates I could find going back to where Im pretty sure.
IMMA board Dates I could find going back to 1995. Many resignations and replacements around 2001/2002 that I'm not entirely sure of the dates of.
The Oireacthas Opac has IMMA annual reports back to 1997 except 2002.

You can see how in 2012 it went from 15 to 9 until recently it then went back up to 11.

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