Comhairle Act 2000

PART I Preliminary And General

1. Short title.

1.— This Act may be cited as the Comhairle Act, 2000.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“advocacy services” includes services in which the interests of a person seeking a social service are represented in order to assist such person in securing entitlements to such service but does not include legal representation.

F1[‘Board’has the meaning assigned to it bysection 6, as amended bysection 3of the Citizens Information Act 2007;]

F2[‘deciding officer’has the meaning it has insection 2(1) of theSocial Welfare Consolidation Act 2005;

‘the Director’has the meaning assigned to it bysection 7A;

‘disability’, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment;]

“establishment day” means the day appointed under section 3 to be the establishment day for the purposes of this Act;

“former Board” means the National Social Service Board;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“health board” means—

(a) a health board established under the Health Act, 1970,

(b) the Eastern Regional Health Authority, or

(c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999;

“Minister” means the Minister for Social, Community and Family Affairs;

F2[‘Personal Advocacy Service’has the meaning assigned to it bysection 7A;

‘personal advocates’has the meaning assigned to it bysection 7A;

‘qualifying person’has the meaning assigned to it bysection 7A;

‘social service’means any service provided by a statutory body or voluntary body that is available or accessible to the public generally or a section of the public pursuant to statute or otherwise and includes, but is not limited to, a service in relation to any of the following, namely, health, social welfare, education, family support, housing, taxation, citizenship, consumer matters,F3[advice on personal debt and money management,]employment and training, equality, asylum and immigration;]

“statutory body” means—

(a) a Department of State,

(b) a health board,

(c) a local authority,

(d) the Commissioners of Public Works in Ireland,

(e) a board or other body (but not a company) established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company or other body referred to in paragraph (e) or (f) of this definition;

F1[‘voluntary body’means—

(a) a body corporate, or

(b) an unincorporated body of persons,

other than a statutory body, and includes a body commonly known asF3[a money advice and budgeting service,]a Citizen Information Service or a Citizen Information Centre;]

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

(3) A reference to another enactment is to that enactment as amended or modified at any time by any enactment.

3. Establishment day.

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

4. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5. Repeal.

5.— The National Social Service Board Act, 1984, is, with effect from the establishment day, hereby repealed.

PART II Comhairle

6. Establishment of Comhairle.

6.— (1) There shall stand established, on the establishment day, a body to be known as Comhairle (in this Act referred to as the “Board”), which shall perform the functions conferred on it by or under this Act.

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

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

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

(c) to acquire, hold and dispose of any other property.

7. Functions of Board.

7.— (1) The functions of the Board shall be—

(a) to support the provision of or, where the Board considers it appropriate, to provide directly, independent information, advice and advocacy services so as to ensure that individuals have access to accurate, comprehensive and clear information relating to social services and are referred to the relevant services,

F4[(b) to support the provision of or, where the Board considers it appropriate, to provide directly, advocacy services to individuals, in particular those with a disability, that would assist them in identifying and understanding their needs and options and in securing their entitlements to social services,]

F4[(c) to support, promote and develop—

(i) greater accessibility, co-ordination and public awareness of social services, and

(ii) the provision and dissemination of integrated information in relation to such services by statutory bodies and voluntary bodies,]

F5[(ca) to support the provision of a service to be known, in the English language, as the Money Advice and Budgeting Service or, in the Irish language, as An tSeirbhís Buiséadaithe agus Comhairle Airgid, to provide advice to individuals for the purpose of the management, avoidance, reduction and discharge of personal debt and in relation to money management,

(cb) to promote and develop the provision of the Money Advice and Budgeting Service and to provide information in respect of such provision,

(cc) to provide, subject to the consent of the Minister, and in accordance withsubsection (1A), financial assistance to a voluntary body in respect of any matter related to the functions referred to inparagraphs (ca),(cb),(cd),(ce),(cf)and(cg),

(cd) to promote and develop education in respect of money management,

(ce) to compile and publish data relating to the provision of the Money Advice and Budgeting Service,

(cf) to promote and disseminate awareness and information to the public relating to the provision of the Money Advice and Budgeting Service,

(cg) to undertake, or commission, research relating to the functions referred to inparagraphs (ca),(cb)and(cd)and on any matter, as the Minister may, from time to time, request, in relation to the functions referred to inparagraphs (ca),(cb)and(cd)to(cf),

(ch) to provide advice, information and assistance to the Minister in respect of the functions referred to inparagraphs (ca)to(cg)and such advice, information and assistance in relation to those functions as the Minister may, from time to time, request,]

(d) to support, promote and develop the provision of information on the effectiveness of current social policy and services and to highlight issues which are of concern to users of those services,

(e) to promote and support the development of voluntary bodies providing social services including, where the Board considers it appropriate, the provision of financial or other resources such as integrated information, training and development services,

(f) to furnish advice, information and assistance to the Minister in relation to the development of any aspect of social services,

(g) whenever the Minister so requests, to design schemes relating to social services to address needs identified by the Minister concerning such services, and, where the Board considers it appropriate to do so, to provide such services directly,

(h) to promote, develop, encourage and assist, through the provision of financial or other resources, the work in relation to social services of such bodies as the Minister may specify,

(i) to prepare strategic plans in accordance with section 8, and

(j) to perform any additional functions assigned to the Board under subsection (2).

F6[(1A) The Board shall, subject to the approval of the Minister, determine the terms on which and the conditions subject to which it may—

(a) support the provision of information, advice or advocacy services underF7[subsection (1),]

F5[(aa) support the provision, promotion and development of the Money Advice and Budgeting Service undersubsections (1)(ca) and(1)(cb) and the functions referred to insubsections (1)(cd)to(1)(cg),]

(b) provide financial or other resources to a voluntary body undersubsection (1)(e)or to a body specified by the Minister underF7[subsection (1)(h), and]

F5[(ba) provide financial assistance to a voluntary body undersubsection (1)(cc),]

and different terms and conditionsF7[may apply underparagraphs (a), (aa), (b) and (ba)]and in relation to different types of bodies.

(1B) The Board shall, in determining the terms and conditions undersubsection (1A), have regard to the objective of it promoting the provision of an integrated, reliable and comprehensive information service of the highest quality.

(1C) The Board may, for the purpose of providing the support referred to inF7[paragraphs (a)and(aa)ofsubsection (1A)]or the financial or other resources referred to inF7[paragraphs (b)and (ba) of that subsection], request the body or person concerned to furnish it with information in such form and at such times as it may require.

(1D) The Board may refuse to provide the support referred to inF7[paragraphs (a)and(aa)ofsubsection (1A)], or the financial or other resources referred to inF7[paragraphs (b)and (ba) of that subsection], if the body or person concerned does not comply with the terms and conditions determined under that subsection or if it fails or refuses to furnish the Board with any information requested of the body or person concerned undersubsection (1C).

(1E) The Board, in performing the functions conferred on it by or under this section, shall have regard to the need for it to co-operate with statutory bodies and voluntary bodies.]

F5[(1F) The Board, in performing the functions conferred on it undersubsections (1)(ca)to(1)(ch), shall have regard to—

(a) the provision, in particular, of the Money Advice and Budgeting Service to persons on low income who are, or are at risk of becoming, over indebted, and

(b) Government policy, in particular social inclusion policy.]

(2) The Minister may, with the consent of the Minister for Finance, by order-

(a) confer on the Board such additional functions relating to social services and connected with the functions conferred on the Board by subsection (1) or an order made under this subsection, as the Minister considers appropriate,

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

(3) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(4) Every order made by the Minister 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 order is passed by either such House within the next 21 days on which the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7A. F9[ Personal Advocacy Service.

7A.—...]

7B. F10[ Application for assignment of personal advocate.

7B.—...]

7C. F11[ Appeals.

7C.—...]

7D. F12[ Functions of personal advocate.

7D.—...]

7E. F14[ Liability for offences by bodies corporate.

7E.—...]

7F. F15[ Arrangement to provide services of personal advocates.

7F.—...]

8. Strategic plans.

8.— (1) As soon as practicable after the establishment day, and thereafter within 6 months before each third anniversary of the establishment day, the Board shall prepare and submit to the Minister, for approval with or without amendment by the Minister, a strategic plan for the ensuing 3 year period.

(2) A strategic plan shall-

(a) comprise the key objectives, outputs and related strategies, including the use of resources, of the Board,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Board.

(3) The Minister shall, as soon as practicable after the strategic plan has been approved, cause a copy of the strategic plan to be laid before each House of the Oireachtas.

9. Membership of Board and term of office of members.

9.— (1) The Board shall consist of F16[15 members], who shall be appointed by the Minister and who shall, subject to the other provisions of this section, hold and vacate office as the Minister may determine.

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

(3) The Minister, when appointing a member of the Board, shall fix such member's period of membership which shall not exceed F16[5 years].

(4) The ordinary members of the Board shall include—

(a) one officer of the Minister,

F16[(b) 3 members who represent persons with a disability, and]

(c) one member of the staff of the Board who shall be elected by secret ballot of the staff of the Board in such manner as the Board, with the agreement of the Minister, may determine.

(5) There may be paid to members of the Board, out of moneys at the disposal of the Board, such remuneration (if any) and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(6) A member of the Board may resign from the Board by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.

(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 Board of its functions.

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

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) on conviction on indictment by a court of competent jurisdiction is sentenced 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 1999).

(9) If a member of the Board dies, resigns, becomes disqualified or is removed from office or for any other reason other than subsection (3) ceases to be a member of the Board, 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 for the unexpired period of the term of membership of, and in the same manner as, the member of the Board who occasioned the casual 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) Subject to section 11(3), the Board may act notwithstanding one or more vacancies in its membership.

(12) In making appointments to the Board the Minister shall have regard to the objective of there being not less than F16[6 members] who are women and not less than F16[6 members] who are men.

(13) F17[…]

10. Chairperson of Board.

10.— (1) Where the chairperson of the Board ceases to hold such office, he or she shall also cease to be a member of the Board.

(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 resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect on receipt of the letter by the Minister.

(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 such 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 to be designated as chairperson of the Board in accordance with section 9(2).

11. Meetings of Board.

11.— (1) The Board shall hold such and so 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.

F18[(3) The quorum for a meeting of the Board shall be 8 or such lesser number (being not less than 5) as the Board may from time to time determine.]

(4) The chairperson of the Board shall chair any meetings of the Board except in the case that the chairperson is not present or such office is vacant in which case the members who are present shall choose one of their number to chair the meeting.