Reform history

## PART 1 Preliminary and General

**1.**—This Act may be cited as the Grangegorman Development Agency Act 2005.

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

(*c*) a Minister of Government,

(*e*) the Dublin Institute of Technology established under the Dublin Institute of Technology Act 1992,

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

(2) (*a*) In this subsection, a reference to a “thoroughfare” includes any avenue, bridge, drive, high water mark, place, river, road, row, street or wall.

(*b*) In *Schedule 1*—

(*c*) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by any other subsequent enactment including this Act.

**3.**—For the purposes of this Act “the Grangegorman site” means the area described in *Schedule 1*.

**4.**—For the purposes of this Act the “Grangegorman neighbourhood” means the area described in *Schedule 2*.

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

**6.**—Every order (other than an order under *section 5*) made by the Minister under this Act 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 that House had 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.

**7.**—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.

## PART 2 Grangegorman Development Agency

**8.**—(1) There shall stand established, on the establishment day, a body to be known as Gníomhaireacht Forbartha Ghráinseach Ghormáin, or, in the English language, the Grangegorman Development Agency (to be known and referred to in this Act as the “Agency”), to perform the functions conferred on it by or under this Act.

(*c*) to acquire, hold and dispose of any other property, with the consent of the Minister in writing.

**9.**—(1) The functions of the Agency shall be to—

(3) The Agency may, with the consent of the Minister, enter into arrangements with other persons to perform on behalf of the Agency such of its functions as the Agency considers necessary.

**10.**—(1) The Minister may, with the consent of the Minister for Finance, by order—

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

**11.**—(1) The Minister may, from time to time, give to the Agency a general directive in writing as to policy regarding the performance of any of the functions assigned to it by or under this Act.

(3) The Agency shall, in performing its functions, comply with any directive given under this section.

**12.**—(1) The Agency shall, as soon as may be after its establishment, prepare a plan (which is in this Act referred to as a “strategic plan”) for the strategic development of the Grangegorman site in consultation with the Dublin Institute of Technology, the Health Service Executive, the Minister and the Minister for Health and Children.

(*b*) the provision of services (for example, roads, water, transport on site),

(*d*) the management and refurbishment of property including listed buildings,

(*a*) have regard to the development plan made by Dublin City Council,

(*c*) make arrangements for the making of submissions by interested parties in relation to the draft and the consideration by the Agency of any such submissions.

(5) Dublin City Council and An Bord Pleanála shall, in deciding any application or appeal under the Planning and Development Act 2000 in respect of development in the Grangegorman site area, consider anything relevant contained in the strategic plan.

**13.**—(1) (*a*) Subject to *paragraph (b)*, the Minister may, after consultation with the statutory body concerned and with the consent of the appropriate Minister and the Minister for Finance, by order transfer from a statutory body to the Agency land situated in the Grangegorman site together with all rights, powers and privileges relating to or connected with such land.

(11) A provision in any enactment apart from this Act shall neither be construed as affecting or preventing, nor shall it operate to affect or prevent, a transfer of land affected by an order made under this section.

**14.**—The Minister or any other Minister of the Government may, subject to such conditions as the Minister sees fit, in each financial year, after consultation with the Agency in relation to its programme of capital and current expenditure for the year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the capital and current expenditure of the Agency.

**15.**—(1) Subject to the approval of the Minister, given with the consent of the Minister for Finance, the Agency may borrow money (including money in a currency other than the currency of the State) for the purpose of providing for current or capital purposes.

(4) For the purposes of this section moneys borrowed or raised in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed or raised, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time such moneys were borrowed or raised, as the case may be.

**16.**—(1) Without prejudice to section 6 of the Borrowing Powers of Certain Bodies Act 1996, the Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as the Minister for Finance thinks fit, the due repayment by the Agency of the principal of any moneys borrowed by the Agency or the payment of the interest on such moneys, or both the repayment of such principal and the payment of such interest, and any such guarantee may include a guarantee of the payment by the Agency of commission and incidental expenses arising in connection with such borrowing.

(*c*) each of the references to moneys in *subsections (3)* to *(5)* shall be taken as referring to the cost in the currency of the State of the actual moneys.

**17.**—(1) The Agency shall consist of 15 members.

(15) In appointing persons to be members of the Agency, the Minister shall insofar as is practicable and having regard to relevant experience, ensure that at least 40 per cent of the members appointed to the Agency are men and at least 40 per cent of the members appointed to the Agency are women.

**18.**—(1) The term of office of the chairperson of the Agency shall be 3 years.

(6) The chairperson of the Agency shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of *subsection (3)* or *(4)*, hold such office until the expiration of his or her period of membership of the Agency and, if he or she is re-appointed as a member of the Agency, he or she shall, subject to *subsection (2)*, be eligible to be designated as chairperson of the Agency in accordance with *section 17(4)*.

**19.**—(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions, but shall hold at least one meeting in each quarter of a year.

(6) Subject to this Act, the Agency shall regulate, by standing orders or otherwise, the procedure and business of the Agency or any committee established under *section 20* or any Project Working Team established under *section 21.*

**20.**—(1) The Agency may establish committees to advise it on matters relating to any of its functions and may determine the terms of reference and regulate the procedure of any such committee.

(6) There may be paid by the Agency to members of a committee established under this section such reimbursement of expenses incurred by them as the Agency may, with the consent of the Minster and the Minister for Finance, determine.

**21.**—(1) The Agency shall establish a group (to be known and referred to in this Act as a “Project Working Team”) in respect of each building development project forming part of the Grangegorman site.

(7) The Agency may at any time remove a member of a Project Working Team from membership of the Project Working Team.

**22.**—(1) The Agency shall establish a group for the purposes of this section (in this section referred to as the “Consultative Group”).

(8) The chief executive of the Agency or other person nominated by the chief executive shall be chairperson of the Consultative Group.

**23.**—(1) There shall be a chief executive officer of the Agency (who is in this Act referred to as the “chief executive”).

(7) The functions of the chief executive may be performed in his or her absence or when the position of chief executive is vacant by such member of the staff of the Agency as may from time to time, be designated for that purpose by the Agency.

**24.**—(1) The Agency may appoint such and so many persons to be members of the staff of the Agency as it may determine with the consent of the Minister and the Minister for Finance.

(*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 Agency and with the consent of the Minister for Finance.

**25.**—(1) The Agency, with the approval of the Minister and the consent of the Minister for Finance, shall make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff, including the chief executive, of the Agency.

(7) A scheme under this section, including an amendment of a scheme, 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.

**26.**—(1) Where a member of the Agency is—

(5) Without prejudice to the generality of *subsection (2)*, that subsection shall be construed as prohibiting, *inter alia*, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

**27.**—(1) The Agency shall, within 6 months, following consultation with the Minister, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff.

(2) The Agency shall publish any code of conduct drawn up under *subsection (1)*.

**28.**—(1) On his or her appointment, the chief executive and each member of the Agency and a committee and a director of a subsidiary, 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.

(*d*) a directorship or shadow directorship (within the meaning of the Companies Acts 1963 to 2003) in any business related to the functions of the Agency, held currently or during the previous 2 years, or

“ownership” includes any proprietary interest in any business related to the functions of the Agency, whether that interest is freehold, leasehold or beneficial, and applies where the interest—

(9) Where a person to whom *subsection (2)* applies fails to make a declaration in accordance with that subsection or to update such declaration in accordance with *subsection (3)*, the Agency shall decide the appropriate course of action (including removal from office or termination of contract) to be taken.

**29.**—(1) Where at a meeting of the Agency any of the following matters arise, namely—

(5) For the purposes of this section and *section 30* a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, 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 relating to the matter, or in performing any function in relation to that matter.

**30.**—(1) Where a member of staff of the Agency or a committee, or a consultant or adviser engaged under *section 37* has an interest, otherwise than in his or her capacity as such in any, or any proposed contract, agreement or arrangement, to which the Agency is or is proposed to be a party, that person—

(4) Where a person to whom *subsection (1)* applies fails to comply with a requirement of this section, the Agency shall decide the appropriate action (including removal from office or termination of contract) to be taken.

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

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

**32.**—(1) The Agency may accept gifts of money, land or other property upon such trusts, terms or conditions, if any, as may be specified by the donor.

(5) The Agency shall include details of any gift that exceeds, in its opinion, such amount as may be directed by the Minister, with the consent of the Minister for Finance, in the report under *section 36* for the year in which the gift is accepted.

**33.**—(1) The chief executive, following the agreement of the Agency, shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times, as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Agency of its functions over a period of years, as required.

(6) The financial year of the Agency shall be the period of 12 months ending on 31 December in any year, and for the purposes of this section the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.

**34.**—(1) The chief executive shall, whenever he or she is required to do so by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and the reports of the Comptroller and Auditor General, give evidence to that Committee on all matters pertaining to the expenditure of the Agency.

(2) The chief executive, if required under *subsection (1)* to give evidence, 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.

**35.**—(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 34* 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.

(7) 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)*, but if the High Court determines that *subsection (3)* does not apply, the chief executive shall attend before the Committee to give account for the matter.

**36.**—(1) The Agency shall, not later than 30 June in each year, make a report to the Minister (in this section referred to as the “annual report”) in such form as the Minister may approve, on the performance of its functions and activities during the preceding year and the Minister shall cause copies of each annual report to be laid before each House of the Oireachtas.

(5) The Minister may, from time to time, give the Agency specific directions in relation to the annual report or other reports under *subsection (3)*.

**37.**—The Agency may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions, and any fees due to a consultant or adviser engaged under this section shall be paid by the Agency out of moneys at its disposal.

**38.**—(1) The Agency shall, as soon as may be after its establishment, provide itself with a seal.

(4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Agency by any person generally or specially authorised by the Agency in that behalf.

**39.**—(1) Where the Agency is satisfied that a person to whom this section applies has discharged his or her duties in pursuance of the functions of the Agency in a *bona fide* manner, the Agency shall indemnify such person against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.

(*e*) a member of a committee or the Consultative Group or a Project Working Team.

**40.**— No action or other proceedings shall lie or be maintainable against the Agency for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform any of the functions conferred on the said Agency.

**41.**—(1) The Minister may by order (in this section referred to as a “dissolution order”) provide for the dissolution of the Agency.

## PART 3 Miscellaneous

**42.**—The Planning and Development Act 2000 is amended at section 165 in the definition of “development agency” by substituting “the Grangegorman Development Agency, a local authority or such other person as may be prescribed by the Minister for the purposes of this Part;” for “a local authority or such other persons as may be prescribed by the Minister for the purposes of this Part;”.

**43.**—The National Development Finance Agency Act 2002 is amended in the Schedule thereto by inserting “The Grangegorman Development Agency.” after “A harbour authority within the meaning of the Harbours Acts 1946 to 1976.”.