PART III

The Board, Scientific Committee, Committees, Chief Executive and Staff of the Authority

31. —(1) There shall be a Board, to be known as the Board of the Food Safety Authority of Ireland, to direct and carry out the functions of the Authority in accordance with this Act and it shall satisfy itself as to the adequacy of the systems in place for that purpose and it shall otherwise manage and review the workings of the Authority.

(2) The Minister shall, as soon as may be after the establishment day, appoint persons to be members of the Board.

(3) The Board shall consist of a chairperson and 9 ordinary members, one of whom shall be the chairperson of the Scientific Committee.

(4) The Minister, when appointing an ordinary member of the Board, shall fix such member's period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister determines.

(5) Four of the ordinary members of the Board appointed under subsection (2) shall hold office for a period not exceeding three years from the date of their appointment as determined by the Minister.

(6) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(7) A member of the Board may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Authority of the functions of the Authority.

(8) A member of the Board shall cease to be and shall be disqualified from being a member of that Board where such member—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 1990).

(9) If a member of the Board dies, resigns, retires, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy. The person so appointed shall be appointed within 2 months of the Minister being notified of the vacancy.

(10) A member of the Board whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of the Board.

(11) The Minister shall, in so far as is practicable, ensure an equitable balance between men and women in the composition of the Board.

32. —(1) The term of office of the chairperson of the Board shall be 5 years.

(2) Where the chairperson, of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.

(3) The chairperson of the Board may at any time resign his or her office as chairperson by letter sent to the Minister and the resignation shall, unless previously withdrawn in writing, take effect at the commencement of the meeting of the Board held next after the Board has been informed by the Minister of the resignation.

(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold office until the expiration of his or her period of membership of the Board and, if he or she is re-appointed as a member of the Board, he or she shall be eligible for re-appointment as chairperson of the Board.

33. —(1) The Board shall hold such and as many meetings as may be necessary for the performance of its functions.

(2) The Minister, in consultation with the chairperson of the Board, shall fix the time of the first meeting of the Board.

(3) The quorum for a meeting of the Board shall be 4.

(4) At a meeting of the Board—

(a) the chairperson of the Board shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of the Board is not present or if the office of the chairperson is vacant, the members of the Board who are present shall choose one of their members to be chairperson of the meeting.

(5) At a meeting of the Board, each member of the Board present, including the chairperson, shall have a vote and any question on which a vote is required in order to establish the Board's view on the matter shall be determined by a majority of votes of the members of the Board 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 and casting vote.

(6) The Board may act notwithstanding one or more vacancies among its members.

(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

34. —(1) There shall be established, as soon as may be after the establishment day, by the Board a committee (“the Scientific Committee”) to assist and advise the Board in relation to matters of a scientific nature referred to it by the Board and to perform the functions assigned to it by this section.

(2) The Scientific Committee shall consist of not more than 15 members.

(3) The Scientific Committee shall adopt rules and procedures for the conduct of its meetings and its activities generally and shall submit such rules and procedures to the Board for its approval.

(4) The members (including the chairperson) of the Scientific Committee shall be appointed by the Minister following consultations with the Board.

(5) The Minister when appointing a member of the Scientific Committee shall, in consultation with the Board—

(a) fix such member's period of membership,

(b) fix the terms of his or her membership,

(c) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the Scientific Committee, and in particular, have regard to such qualifications and experience in relation to food safety and hygiene, and

(d) ensure, in so far as is practicable, an equitable balance between men and women in any appointments.

(6) Without prejudice to the generality of subsection (1), the Scientific Committee shall advise the Board where requested by the Board on matters relating to—

(a) scientific and technical questions relating to food safety and hygiene,

(b) the implementation and administration of food inspection services, and

(c) the nutritional value or content of food.

(7) The Board may specify a period within which advice on matters referred to the Scientific Committee shall be given by the Scientific Committee.

(8) The Board shall not act on any matter it has referred to the Scientific Committee until the Board has received advice from the Scientific Committee on the matter within the time period specified by the Board.

(9) The Scientific Committee may, having established to the best of its ability the budgetary and other resource implications and having—

(a) advised the Board on any matter referred to it by the Board, undertake such other or further investigation, assessment, research or examination into the matter as the Scientific Committee considers appropriate, or

(b) first informed the Board, initiate an investigation, assessment or examination of any matter related to food safety and hygiene as the Scientific Committee considers appropriate.

(10) Where the Scientific Committee undertakes or initiates anything referred to in subsection (9), the Board may set a time limit for receipt by it of the Scientific Committee's advice and the Board shall take no action on or in relation to the subject matter so undertaken or initiated until such time limit has expired or advice has been received, whichever first occurs.

(11) Where the Board has not set such a time limit for receipt of the Scientific Committee's advice on any matter undertaken or initiated by it under subsection (9), the Board may, at its own discretion, delay or defer any action on or in relation to the subject matter undertaken or initiated until advice by the Scientific Committee has been given to it.

(12) The Scientific Committee shall give advice under this section to the Board through the chairperson of the Scientific Committee.

(13) The advice of the Scientific Committee given under this section may be published by the Board.

35. —(1) The Board or, as appropriate, the Scientific Committee may from time to time establish subcommittees to advise it in relation to the performance of its functions.

(2) The Board or the Scientific Committee may appoint to a subcommittee established under this section persons who have a special knowledge and experience related to the purposes of the subcommittee.

(3) The appointment of a person to a subcommittee established under this section shall be subject to such terms and conditions as the Board or the Scientific Committee may determine.

(4) The Board or Scientific Committee may at any time dissolve a subcommittee established by it under this section.

(5) The acts of a subcommittee established under this section shall be subject to confirmation by the Board or Scientific Committee, as appropriate, unless the Board or Scientific Committee dispenses with the necessity for confirmation.

(6) The Board or Scientific Committee may regulate the procedure of a subcommittee established under this section, but, subject to any such regulation, a subcommittee established under this section may regulate its own procedure.

(7) The Board or, as the case may be, the Scientific Committee shall ensure an equitable balance between men and women in the composition of a subcommittee established by it under this section.

36. —There may be paid to the members of the Board (including the chairperson) and members of the Scientific Committee and any subcommittee established under section 35 such remuneration (if any) and such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may from time to time determine.

37. —(1) There shall be a chief officer of the Authority who shall be known, and is referred to in this Act, as the chief executive.

(2) The chief executive shall be appointed by the Board and may be removed from office at any time for stated reasons by the Board with the consent of the Minister.

(3) The chief executive shall carry on and manage and control generally the administration and business of the Authority and perform such other functions as may be determined by the Board.

(4) The chief executive shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Minister after consultation with the Board and with the consent of the Minister for Finance and shall be paid out of moneys at the disposal of the Authority in accordance with section 24 .

(5) The chief executive may make proposals to the Board on any matter relating to the activities of the Authority.

(6) The chief executive shall not hold any other office or position or carry on any business without the consent of the Board.

(7) The chief executive shall not be a member of the Board or of the Scientific Committee or a subcommittee established under section 35 , but he or she may, in accordance with procedures established by the Board, attend meetings of the Board, Scientific Committee, or any such subcommittees and shall be entitled to speak and advise the relevant meeting.

38. —(1) The Board may appoint such and such number of persons to be members of the staff of the Authority as it may determine with the consent of the Minister and the Minister for Finance.

(2) The grades of the staff of the Authority and the numbers of staff in each grade and the appropriate level of remuneration for each grade shall be determined by the Board with the consent of the Minister and the Minister for Finance.

(3) A member of the staff of the Authority shall—

(a) be paid, out of moneys advanced to the Authority in accordance with section 24 , such remuneration and allowances for expenses incurred by him or her as the Board may, with the consent of the Minister and the Minister for Finance, determine, and

(b) hold his or her office or employment for such term upon and subject to such other conditions (including terms and conditions relating to remuneration) as may be determined by the Minister after consultation with the Board and with the consent of the Minister for Finance.

(4) Every person who immediately before the establishment day is a member of the staff of the former Authority shall, on that day, be transferred to and become a member of the staff of the Authority.

(5) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (4) shall not, while in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before the establishment day.

(6) A member of the staff of an official agency may, being a person or of a class of person designated for the purpose by the Minister of the Government or other person having responsibility for the official agency concerned, and subject to subsection (7) generally and to the consent of the Minister of the Government having responsibility for the official agency concerned, be transferred to the Authority.

(7) Save in accordance with a collective agreement negotiated with any recognised trade unions and associations concerned and with the relevant official agency concerned, and with the consent of the Minister and Minister for Finance a member of the staff of an official agency transferred to the staff of the Authority under subsection (6), shall not, while he or she is in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before his or her transfer.

39. —(1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted by the Authority under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.

(5) Superannuation benefits granted under schemes under this section to persons who, immediately before the establishment day, were members of the staff of the former Authority and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.

(6) No superannuation benefit shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such a benefit to or in respect of a member of the staff of the Authority otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.

(7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Authority under section 38 , the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and shall be paid by the Authority.

(9) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

40. —(1) Where a member of the Board—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament,

(c) is regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

(d) becomes a member of a local authority, or

(e) becomes a member of the board of a health board,

he or she shall thereupon cease to be a member of the Board.

(2) Where a member of the staff of the Authority—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

(c) is regarded, pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment with the Authority and shall not be paid by, or be entitled to receive from the Authority remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when he or she ceases to be a member of that House or a representative in that Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is entitled or is a member, be disqualified from becoming a member of the Board, or a member of the staff of the Authority.

(4) A person who is a member of a local authority or the board of a health board, shall be disqualified from becoming a member of the Board.

(5) The Authority shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Board save with the approval of the Board.

(6) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.

41. —(1) On his or her appointment, the chief executive, each member of the Board and each member of the Scientific Committee shall make a declaration in writing of his or her interests to the Minister, in such form as the Minister, following consultation with the Minister for Finance, may specify.

(2) On his or her appointment, each consultant and each employee of the Authority at a grade or level specified before the appointment by the Board, following consultation with the Minister, and each member of any subcommittee established under section 35 designated in this connection by the Board, shall declare his or her interests in writing to the chairperson of the Board and, within 3 months of such declaration, the chairperson shall inform the Board and the Minister of the interests declared and the names of those making the declarations.

(3) A person to whom subsection (1) or (2) applies shall, throughout the tenure of his or her appointment, amend and update his or her declarations of interests as required by the Minister or the Board, as the case may be, of any change in the interests held by the person.

(4) (a) A statement of the interests declared under subsection (1) shall be included in the next report prepared in accordance with section 25 (1) following the making of the declaration and any subsequent change in a declaration shall also be included in a statement in the next available report.

(b) The form and context of the statement to be included in such report shall be agreed between the chairperson, the Minister and the Minister for Finance.

(c) Notwithstanding the provisions of paragraph (b), it shall not be necessary to specify in a statement in such report the amount or monetary value of any interest, or the remuneration of any trade, profession or employment included in the statement.

(5) Where a person to whom subsection (1) applies, fails to make a declaration in accordance with that subsection, the Minister shall decide the appropriate action (including removal from office) to be taken.

(6) Where a person to whom subsection (2) applies, fails to make a declaration in accordance with that subsection, the Board shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(7) In this section:

“employment” includes—

(a) full-time employment,

(b) part-time paid employment, where such employment is ongoing in the year of appointment or which arises in subsequent years,

(c) temporary paid employment, being for a period of 16 weeks or more in the year of appointment or in subsequent years, or

(d) being retained under contract, directly or indirectly, in any capacity as an advisor, consultant or lobbyist, or for the provision of services;

by or in a food business;

“food business” includes—

(a) any business selling, distributing or marketing food directly to the public (including caterers and retailers),

(b) any business engaged in distribution, transportation, importing, exporting, storage or wholesaling of food, or

(c) processing and packaging of food,

and shall be considered a food business where the activity in relation to food constitutes at least one third of the turnover of the business;

“interests” includes—

(a) employment by or on behalf of—

(i) a food business,

(ii) any organisation representative of food businesses, or

(iii) any organisation representative of food producers,

(b) ownership of a food business,

(c) ownership of agricultural land used by the party concerned for or in connection with the production of food for sale, either directly or through another party, to the consumer,

(d) shares in, bonds or debentures of, or other like investments in a food business, where the aggregate of such holdings exceeds £7,000,

(e) a directorship or shadow directorship (within the meaning of the Companies Acts, 1963 to 1990) in a food business, held currently or during the previous two years, or

(f) gifts of travel, holidays, transport, money (in excess of £500) or other benefits, including benefits from any beneficial interest in or connected with a food business or agricultural land, during the previous two years which were received by the person being appointed or by his or her spouse;

“ownership” includes—

(a) any proprietary interest in agricultural land or a food business, whether that interest is freehold, leasehold or beneficial, and shall apply,

(b) where the interest is held solely by the person being appointed or shared with one or more other persons, or

(c) where the interest, at the time of appointment, has a value of £15,000 or more.

42. —(1) Where the chief executive, a member of the Board, a member of the staff of the Authority, a member of the Scientific Committee or a subcommittee established under section 35 , or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Board, the Scientific Committee, or subcommittee established under this Act, as the case may be, he or she shall—

(a) disclose to the Board, the Scientific Committee or subcommittee, as the case may be, the nature of his or her interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision in relation to the matter,

(c) take no part in any consideration of the matter,

(d) if he or she is a chief executive, a member of the Board, the staff of the Authority, the Scientific Committee or subcommittee established under this Act, withdraw from the meeting for so long as the matter is being discussed or considered by the Board, the Scientific Committee or a subcommittee established under this Act, as the case may be, and shall not vote or otherwise act as such chief executive or member in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or she or any member of his or her household, or any nominee of his or her or any member of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or she or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or she or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(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 his or her or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Board, the Scientific Committee or a subcommittee pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(6) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

43. —(1) Save as otherwise provided by law, a person shall not, without the consent of the Board, disclose any information obtained by him or her while performing (or as a result of having performed) duties as—

(a) a member of the Board,

(b) a member of the staff of the Authority (including the chief executive),

(c) a member of the Scientific Committee, or a subcommittee established under section 35 , or

(d) an adviser or consultant to the Authority,

or obtained while in performance of a service contract.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Board or by or on behalf of the Authority to the Minister.