PART 2

Civil Defence Board

Chapter 1

The Board: General Provisions

Establishment day.

6. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Establishment of Board.

7. —(1) There shall stand established on the establishment day a body to be known as the Civil Defence Board or, in the Irish language, an Bord Cosanta Sibhialta, to perform the functions conferred on it by or under this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name, and

(b) with the consent of the Minister, to hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) Schedule 2 applies to the Board.

Functions of Board.

8. —(1) The functions of the Board are—

(a) to promote and support the development at national level of civil defence planning and management and, in co-operation with local authorities, to facilitate the implementation of civil defence measures for the purposes of emergency relief and support;

(b) to promote, develop and maintain civil defence as an effective voluntary service in support of the emergency services;

(c) to promote the role of civil defence in providing services, in support of the emergency services, to the local community and, for that purpose, to develop programmes designed to enhance those services;

(d) with regard to local authorities, to promote co-operation and the co-ordination of their activities with other local authorities, so as to ensure efficiency and economy in performing their functions relating to civil defence;

(e) having regard to any plans, howsoever described, relating to the management of emergencies at national level that are prepared and adopted by any Minister of the Government, State agencies or other bodies whose activities relate to civil defence, to establish and promote the development, maintenance and improvement of standards of—

(i) programmes of civil defence education and training including programmes relating to health and safety,

(ii) knowledge, skill and competence of those participating in implementing civil defence measures, and

(iii) equipment used for civil defence;

(f) to promote public awareness and the dissemination of coordinated information to the public in relation to civil defence and to conduct public information programmes relating to preventive measures aimed at alleviating the effects of emergencies on persons or property;

(g) to prepare and adopt, in accordance with section 30 , a strategic plan relating to the future development of civil defence and to monitor the implementation of the plan;

(h) to advise the Minister in relation to all or any of the following:

(i) such policy matters relating to the operation and future development of civil defence as the Minister may request or as the Board considers appropriate;

(ii) the implementation of measures considered necessary for the effective operation of civil defence;

(iii) any other matter relating to the Board's functions as the Board considers appropriate or as requested by the Minister;

(i) to conduct and commission research on matters relating to the functions of the Board and for this purpose—

(i) to foster and promote contacts and the exchange of information with educational and research establishments and other bodies involved in civil defence in and outside the State, and

(ii) as it considers appropriate, to publish, in the form and manner that the Board thinks fit, results arising out of that research;

(j) in conjunction with Ministers of the Government, State agencies or other bodies whose activities relate to civil defence, having regard to any plans referred to in paragraph (e), to contribute to the development, in co-operation with other states, of civil defence measures;

(k) in co-operation with local authorities, to promote the recruitment of persons to perform civil defence tasks and to establish procedures for the registration of those persons;

(l) to establish, review and maintain codes of professional conduct for civil defence members;

(m) to advise such persons as the Minister may from time to time specify on any matter relating to the Board's functions;

(n) to advise and assist the director general in performing his or her functions;

(o) to comply with any general policy directives that the Minister may, from time to time, give to the Board;

(p) to perform any additional functions conferred on the Board by order under subsection (4).

(2) The Board has all such powers as are necessary for or incidental to the performance of its functions.

(3) Without prejudice to the generality of paragraph (c) of subsection (1), the programmes referred to in that paragraph may include the programmes specified in Schedule 3.

(4) The Minister may, with the consent of the Minister for Finance, and after consultation with such other Ministers of the Government (if any) as he or she considers appropriate, by order—

(a) confer on the Board additional functions connected with the functions for the time being of the Board, as the Minister considers appropriate, subject to the conditions (if any) that may be specified in the order, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of those additional functions.

Transfer of functions.

9. —(1) The functions of the Minister under—

(a) the provisions of sections 60 and 61 of the Act of 1939, and

(b) the provisions of any scheme made by the Minister under section 64 of the Act of 1939 that is in force immediately before the coming into operation of this section,

are hereby transferred to the Board and references in those provisions to the Minister shall be read as references to the Board.

(2) Regulations shall not be made by the Board under section 61 of the Act of 1939 except with the consent of the Minister.

Transfer of functions to Minister by Government order.

10. —(1) (a) The Government may by order transfer to the Minister a function or functions of the Board where, in the opinion of the Government, there is an emergency or apprehended emergency that involves a serious risk to persons or property of such a nature or magnitude that it is necessary and expedient that the function be performed by the Minister.

(b) The Government may by order amend or revoke an order under this subsection (including an order under this paragraph).

(c) If a provision of an order under this subsection that transfers a function is revoked, the function shall thereupon become and be vested in the Board.

(2) (a) An order under this section may contain such ancillary, subsidiary and incidental provisions as the Government may determine, including provision for the transfer of property, rights and liabilities associated with a function or functions so transferred.

(b) Without prejudice to the generality of paragraph (a), an order under this section may—

(i) specify terms, conditions and restrictions upon and subject to which a function transferred by the order is to be performed by the Minister,

(ii) provide for the use by the Minister of the services of the staff of the Board,

(iii) provide for such financial arrangements and adjustments between the Board and the Minister as are considered proper by the Government,

(iv) provide for such other matters as are considered by the Government to be necessary to enable the transfer of a function to which the order relates to have full effect and to enable the function to be performed by the Minister.

Membership of Board.

11. —(1) The Board shall consist of at least 8 but not more than 14 members who shall be appointed by the Minister.

(2) The members of the Board shall be—

(a) the director general,

(b) a person nominated by the County and City Managers Association,

(c) 4 persons who, in the opinion of the Minister, have experience in business, industry, finance or administration relevant to the Board's functions,

(d) a person nominated by the Minister for the Environment and Local Government who, in the opinion of that Minister, has relevant experience or expertise relating to emergency planning,

(e) a person nominated by the Radiological Protection Institute of Ireland,

(f) a person nominated by the Environmental Protection Agency,

(g) a member of the Civil Defence Officers Association nominated by it,

(h) an officer of the Defence Forces nominated by the Chief of Staff of the Defence Forces,

(i) a member of the Garda Síochána nominated by the Commissioner of the Garda Síochána, and

(j) subject to subsection (5)—

(i) a volunteer member of civil defence, and

(ii) a member of the staff of the Board.

(3) In making appointments to the Board under this section, the Minister shall ensure that not less than 4 of the members of the Board shall be women and not less than 4 shall be men.

(4) The Minister shall designate one member of the Board as chairperson.

(5) In the case of the first Board, the Minister shall appoint the members referred to in subsection (2)(j) and in the case of each subsequent Board those members shall be appointed by the Minister after being elected in accordance with the procedures for election prescribed by the Board, with the consent of the Minister.

(6) The Board shall prescribe the procedures referred to in subsection (5) and when prescribing those procedures shall—

(a) specify the class or classes of person entitled—

(i) to seek election to the Board, and

(ii) to nominate a candidate for election to the Board or to vote in an election,

and

(b) have regard to the desirability of an appropriate gender balance as the Board may determine, from time to time.

Chairperson.

12. —(1) The term of office of the chairperson shall be 3 years.

(2) A chairperson who ceases to hold office also ceases to be a member of the Board.

(3) The chairperson may resign 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) Unless he or she sooner dies or otherwise ceases to be chairperson under subsection (2) or (3), the chairperson holds office until the end of his or her term of office and, if reappointed as a member of the Board, is eligible to be reappointed as chairperson.

Removal of members of Board from office.

13. —(1) Where the Minister is of the opinion that the Board has failed, neglected or refused to perform a function conferred on it under this Act or has failed effectively to perform such function or otherwise has contravened this Act, the Minister, after first advising the Board of that opinion and considering any explanation given in response, may appoint a person to inquire into any matter giving rise to that opinion.

(2) A person appointed under subsection (1) shall—

(a) inquire into the matters giving rise to the Minister's opinion and any related matter and report to the Minister on the findings of the inquiry.

(b) for the purposes of this section, be entitled at all reasonable times to enter the premises of the Board to inquire into the affairs of the Board or to conduct an inspection of the premises, equipment and records where the inspection is, in that person's opinion, relevant to the inquiry, and

(c) be afforded all reasonable co-operation and assistance by the Board and its members of staff, including access to such premises, equipment and records as the person may require, to enable that person to perform his or her functions under this section.

(3) Where the Minister, after considering the report referred to in subsection (2)(a), remains of the opinion that the Board has failed, neglected or refused to perform a function conferred on it under this Act or has failed effectively to perform such function or otherwise has contravened this Act, the Minister shall, by notice in writing, inform the director general, and give a copy of the report to the director general.

(4) The Board may make representations to the Minister in respect of the report within 14 days after the date of receipt of the report.

(5) After the end of the period referred to in subsection (4) and after considering the representations, if any, of the Board in respect of the report, the Minister may by order remove the members of the Board and terminate their membership if—

(a) the Minister remains of the opinion that the Board has failed, neglected or refused to perform a function conferred on it under this Act or has failed effectively to perform such function or otherwise has contravened this Act, and

(b) the Minister is of the opinion that the Board should be removed.

(6) Where an order is made under subsection (5), the Minister shall appoint such person or body of persons as he or she thinks fit to perform the functions of the Board and that person or body shall perform those functions until the commencement of the first meeting of the Board after the appointment of its members under subsection (8).

(7) When performing a function conferred by this Act, a person or body of persons appointed under subsection (6) may deviate in matters of procedure and form under this Act as the person or body considers appropriate for the effective performance of that function.

(8) The Minister shall, as soon as practicable, but in any case not later than 12 months after the removal of the members of the Board, appoint a new Board in accordance with section 11 .

(9) The remuneration, if any, of a person appointed under subsection (1) or of a person or member of a body appointed under subsection (6) shall be determined by the Minister with the consent of the Minister for Finance and paid out of moneys provided by the Oireachtas.

Director general.

14. —(1) There shall be a chief executive officer of the Board who shall be known and is referred to in this Act as the “director general”.

(2) The first director general shall be a civil servant appointed by the Minister and shall, upon such appointment, be a civil servant in the Civil Service of the State.

(3) Each subsequent director general shall be appointed by the Minister, with the agreement of the Board, on the recommendation of the Civil Service Commissioners and shall, upon such appointment, be a civil servant in the Civil Service of the State.

(4) The director general shall carry on and manage, and control generally, the administration and business of the Board and perform any other functions that may be conferred on him or her by or under this Act.

(5) Schedule 4 applies to the director general.

Consultants and advisers.

15. —(1) Subject to the prior approval of, or at the request of, the Minister and subject to such terms and conditions as the Board may determine, the Board may, from time to time, engage any consultants or advisers that the Board or the Minister, as the case may be, consider necessary for the performance by the Board of its functions.

(2) Any fees payable to a consultant or adviser engaged under this section shall be paid by the Board out of moneys at its disposal, having regard to guidelines issued from time to time by the Minister or the Minister for Finance.

(3) The Board shall comply with any directions with regard to consultants or advisers engaged under this section that the Minister may give to the Board with the consent of the Minister for Finance.

Membership of Houses of Oireachtas or European Parliament.

16. —(1) A member of the Board who—

(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 that Parliament,

thereupon ceases to be a member of the Board.

(2) A member of the staff of the Board who—

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

(b) is elected as a member of either House of the Oireachtas or to be 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 that Parliament,

stands seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board remuneration, fees or allowances for expenses 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 either House or that Parliament.

(3) A period referred to in subsection (2) shall not be reckoned as service with the Board for the purposes of any superannuation benefit, gratuities or other allowances payable on resignation, retirement or death.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in the House or who is a representative in the European Parliament is, while he or she is so entitled or is such a representative, disqualified from becoming a member of or from employment in any capacity by the Board.

(5) The Board 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.

Disclosure of certain interests by members of Board.

17. —(1) Where a matter is to be decided by the Board or a committee, as the case may be, at a meeting, any member of the Board or of the committee present at the meeting who has an interest in the matter, otherwise than as such a member, shall—

(a) at the meeting, in advance of any consideration of the matter, disclose to the Board or committee the fact of the interest and the nature of the interest,

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

(c) absent himself or herself from any meeting or that part of the meeting during which the matter is discussed,

(d) take no part in any deliberation of the Board or committee relating to the matter, and

(e) not vote on a decision relating to the matter.

(2) Where a member discloses an interest in a matter under this section—

(a) the disclosure shall be recorded in the minutes of the meeting, and

(b) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Board or committee otherwise determines.

(3) Where, at a meeting of the Board or a committee, a question arises as to whether or not a course of conduct, if pursued by a member of the Board or committee, as the case may be, would be a failure by the member to comply with the requirements of subsection (1)—

(a) the question may be determined by the chairperson of the Board or of the committee, as the case may be, whose decision shall be final, and

(b) if the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting concerned.

(4) If satisfied that a member of the Board or a committee has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office or take any other action that the Minister considers appropriate.

(5) A person who is removed from office under subsection (4) is disqualified from membership of the Board or of a committee.

Disclosure of certain interests by members of staff of Board.

18. —(1) Where a member of the staff (including the director general) of the Board or a consultant, adviser or other person engaged by the Board has an interest, otherwise than in his or her capacity as such a member or as such a consultant, adviser or other person engaged by the Board, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Board is a party, that person shall—

(a) disclose to the Board the fact of the interest and the nature of the interest,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation of the Board or staff of the Board relating to the matter, and

(c) neither influence nor seek to influence a decision relating to the matter nor make any recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Board.

(3) A person who contravenes subsection (1) shall be guilty of an offence.

Unauthorised disclosure of confidential information.

19. —(1) Subject to subsection (2), a person shall not, unless duly authorised by the Board, disclose confidential information obtained by the person while carrying out, or as a result of carrying out, duties as—

(a) a member of the Board,

(b) a member of the staff (including the director general) of the Board,

(c) a member of a committee, or

(d) any other person engaged by the Board, a consultant or adviser to the Board or a committee, or an employee of such person.

(2) Subsection (1) does not prohibit the disclosure of information by means of a report made—

(a) to the Board, or

(b) to the Minister, by or on behalf of the Board.

(3) A person who contravenes subsection (1) shall be guilty of an offence.

(4) In this section “confidential information” includes—

(a) information that is expressed by the Board or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Board by contractors, consultants or any other person.

Grants paid by Minister to Board.

20. —(1) There may be paid to the Board, from time to time, out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance, may determine for the purposes of expenditure by the Board in performing its functions.

(2) The moneys paid to the Board under subsection (1) shall be expended solely for the purpose of performing the functions of the Board.

Charges.

21. —(1) Subject to subsection (2), the Board may make such charges as it considers appropriate in consideration of—

(a) the performance by the Board of its functions,

(b) the provision by it of services (other than a service consisting of the provision of advice for the Minister or another Minister of the Government), and

(c) the carrying on by it of activities,

and shall record receipts from those charges as income.

(2) The determination of the amounts of charges referred to in subsection (1) shall be subject to the approval of the Minister following consultation with the Minister for Finance.

(3) The Board may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1).

Gifts.

22. —(1) The Board may accept gifts of money, land (subject to the consent of the Minister) or other property, on the trusts and conditions (if any) that the donor may specify.

(2) The Board shall not accept a gift if the trusts or conditions attached to the gift would be inconsistent with or prejudice the functions of the Board.

(3) The Board shall publish in its annual report under section 26 details of all gifts accepted by it during the period of the report.

(4) Any funds of the Board that are a gift or the proceeds of a gift to it may, subject to any terms or conditions of the gift, be invested by the Board in any manner in which a trustee is empowered by law to invest trust funds.

Accounts and audits.

23. —(1) Following the agreement of the Board, the director general shall—

(a) submit estimates of income and expenditure, relating to the performance of its functions, to the Minister in the form, in respect of the periods and at the times that the Minister may require, and

(b) furnish to the Minister any information that the Minister may require in relation to those estimates.

(2) The director general, under the direction of the Board, shall cause to be kept in respect of the accounting periods that may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual books or other records of account of—

(a) all income and expenditure of the Board,

(b) the sources of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of the Board,

and shall keep, and account to the Board for, all such special accounts as the Minister or the Board, with the consent of the Minister, may from time to time direct to be kept.

(3) The accounts of the Board for each financial year shall—

(a) be prepared in the form and manner that the Minister may specify, and

(b) be prepared by the director general and approved by the Board as soon as practicable, but not later than 3 months after the end of the financial year to which they relate, for submission to the Comptroller and Auditor General for audit,

and a copy of the accounts and the auditor's report shall be presented to the Board and to the Minister as soon as practicable.

(4) The Minister shall cause a copy of the accounts and the auditor's report referred to in subsection (3) to be laid before each House of the Oireachtas.

Accountability of secretary general to Public Accounts Committee.

24. —(1) Whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, the secretary general of the Department of Defence shall give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the director general is required by this Act to prepare,

(b) the economy and efficiency of the Board in the use of its resources,

(c) the systems, procedures and practices employed by the Board for evaluating the effectiveness of its operations, and

(d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act, 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) When performing duties under this section, the secretary general referred to in subsection (1) shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

Accountability of secretary general to other Oireachtas Committees.

25. —(1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 24 or the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a committee.

(2) Subject to subsection (3), at the written request of a Committee, the secretary general shall attend before it to give account for the general administration of the Board, including the strategic plan laid before the Houses of the Oireachtas under section 30 , as may be required by the Committee.

(3) The secretary general shall not be required to give account before a Committee for any matter that is or has been the subject of proceedings before a court or tribunal in the State.

(4) Where the secretary general is of the opinion that a matter in respect of which the secretary general is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the secretary general is before it, the information shall be conveyed in writing.

(5) Where the secretary general has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the secretary general may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the Committee may on behalf of the Committee make such an application,

and the High Court may determine the matter.

(6) Pending the determination of an application under subsection (5), the secretary general shall not attend before the Committee to give account for the matter the subject of the application.

(7) (a) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2).

(b) If the High Court determines that subsection (3) does not apply, the secretary general shall attend before the Committee to give account for the matter.

Reports and information to Minister.

26. —(1) As soon as practicable, but in any case not later than 6 months after the end of each financial year, the Board shall make a written report (in this section referred to as the “annual report”) to the Minister, on the activities of the Board in respect of the financial year to which the report refers, and the Minister shall cause a copy of the annual report to be laid before each House of the Oireachtas.

(2) The annual report shall be in the form that the Minister may direct and shall include—

(a) information on the performance of the Board's functions during the financial year to which the report relates,

(b) details of the expenditure incurred by the Board in performing its functions,

(c) as the Board considers appropriate or as the Minister may require, copies of or extracts from annual reports of local authorities prepared and adopted under section 221 of the Act of 2001 in so far as those reports include particulars concerning civil defence, and

(d) any other information that the Board considers appropriate or that the Minister may require.

(3) The director general shall furnish to the Minister any information that the Minister may request relating to—

(a) any matter concerning the policy, functions and activities of the Board generally,

(b) any specific matter or account prepared by it, or

(c) its annual report.

(4) The Board may from time to time, as it considers appropriate—

(a) publish its annual report, and

(b) make any other reports to the Minister relating to its functions and activities.

Directions of Minister with regard to equipment.

27. —(1) The Minister may, from time to time, if the Minister is of the opinion that it is necessary or expedient, give a direction in writing to the Board requiring it to use, provide or lend the equipment specified in the direction for such purposes and on the terms and conditions that the Minister directs.

(2) The Board shall comply with a direction under this section.

(3) The Minister may by direction amend or revoke a direction given under this section, including a direction under this subsection.

(4) Where a direction under this section is revoked—

(a) the equipment specified in the direction shall be returned to the Board in good order as soon as practicable, and

(b) if the equipment is consumed, damaged or lost, the cost of replacing or repairing the equipment shall be paid out of moneys provided by the Oireachtas.

(5) In this section, “equipment” includes air-raid precautions equipment within the meaning of the Act of 1939.