National Economic and Social Development Office Act 2006

PART 1 Preliminary and General

1. Short title.

1.— This Act may be cited as the National Economic and Social Development Office Act 2006.

2. Definitions.

2.— In this Act—

“body” means a body established by or under this Act;

“Centre” means National Centre for Partnership and Performance established by section 6 (2);

“Chief Officer” means the chief officer of the Office;

“Council” means National Economic and Social Council established by section 6 (2);

“Director” means the director of a body (other than the Office);

“Forum” means National Economic and Social Forum established by section 6 (2);

“Office” means National Economic and Social Development Office established by section 6 (1);

“social partners” means persons participating in arrangements put in place by the Government to assist in the formation of economic and social policy, and which the Taoiseach considers to be representative of the main business and employer, trade union, farming and community and voluntary sectors and, in particular, those organisations or persons which enter into arrangements approved by the Government, from time to time, to promote economic and social development through the co-ordination of their respective activities, and “social partnership” shall be construed accordingly;

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

3. Establishment day.

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

4. Laying of orders and draft orders before Houses of Oireachtas.

4.— A draft of every order proposed to be made under this Act shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

5. Expenses.

5.— The expenses incurred 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 for by the Oireachtas.

PART 2 National Economic and Social Development Office

6. Establishment of National Economic and Social Development Office comprising National Economic and Social Council, National Economic and Social Forum and National Centre for Partnership and Performance.

6.— (1) There shall stand established, on the establishment day, a body to be known as the National Economic and Social Development Office or, in the Irish language, an Oifig Náisiúnta d’Fhorbairt Eacnamaíoch agus Shóisialach and in this Act referred to as the Office, to perform the functions conferred on it by this Act.

(2) There shall within the Office, on the establishment day, be established the following bodies to be known as—

(a) the National Economic and Social Council or, in the Irish language, an Chomhairle Náisiúnta Eacnamaíoch agus Sóisialach, and in this Act referred to as the Council,

(b) the National Economic and Social Forum or, in the Irish language, an Fóram Náisiúnta Eacnamaíoch agus Sóisialach, and in this Act referred to as the Forum, and

(c) the National Centre for Partnership and Performance or, in the Irish language, an tIonad Náisiúnta Comhpháirtíochta agus Feidhmíochta, and in this Act referred to as the Centre,

to perform the functions conferred on them by this Act.

(3) The Office shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(4) The Office and each body established under subsection (2) and section 7 shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

7. Establishment of other bodies within Office.

7.— (1) The Taoiseach may, after consultation with the Minister for Finance and any other Minister of the Government he or she considers relevant, by order establish within the Office such other bodies as he or she considers appropriate to prepare advice and reports on any aspect of any matter relating to the functions of the Office.

(2) A body established by order under subsection (1) shall be known by such title as may be specified in the order.

(3) An order under subsection (1) shall—

(a) specify the functions of the body, and

(b) contain such provisions as the Taoiseach considers appropriate in relation to—

(i) the number of members of the body established by the order,

(ii) the method of their appointment, and

(iii) subject to section 18 (1), their tenure of office.

(4) Any body established under this section shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

(5) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the body concerned, amend or revoke an order under subsection (1).

8. Functions of Office.

8.— (1) The function of the Office shall be to advise the Taoiseach on all strategic matters relevant to economic and social development in the State.

(2) Without prejudice to the generality of subsection (1), the Office shall perform its function under that subsection by—

(a) facilitating and promoting complementary programmes of research, analysis and discussions by the Council, the Forum, the Centre and any body established under section 7,

(b) providing shared administration and support services for the Council, the Forum, the Centre and any body established under section 7,

(c) submitting to the Government any reports, recommendations or conclusions of a body given to it which may arise from any research, survey or study carried out by such a body, and

(d) arranging for the publication of such reports, recommendations or conclusions of such body.

9. Functions of Council.

9.— (1) The functions of the Council shall be to analyse and report to the Taoiseach on strategic issues relating to the efficient development of the economy and the achievement of social justice and the development of a strategic framework for the conduct of relations and the negotiation of agreements between the Government and the social partners.

(2) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Council, by order amend the functions of the Council under subsection (1) or confer additional functions on it connected with the activities of the Office.

(3) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Council, by order amend or revoke an order under this section (including an order under this subsection).

(4) Any report made to the Taoiseach under subsection (1) may be made at the request of the Taoiseach or at the initiative of the Council.

10. Functions of Forum.

10.— (1) The functions of the Forum shall be—

(a) to advise the Taoiseach on policies to achieve greater equality and social inclusion, and such other matters as may be specified by the Taoiseach in the context of social partnership arrangements, by analysing, monitoring and evaluating relevant programmes and policies, and

(b) to facilitate public consultation on policy matters referred to it, from time to time, by the Government.

(2) In preparing advice under subsection (1), the Forum may include reports of the work and conclusions of teams whose members are drawn from the organisations and officers of any Minister of the Government or any person represented on the Forum.

(3) The Forum shall, in performing its functions under subsection (1), have regard to the views of the social partners with regard to issues arising from the implementation of any agreement entered into between them and the Government.

(4) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Forum, by order amend the functions of the Forum under subsection (1) or confer additional functions on it in relation to the activities of the Office.

(5) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Forum, by order amend or revoke an order under this section (including an order under this subsection).

(6) Any advice made to the Taoiseach under subsection (1) may be made at the request of the Taoiseach or at the initiative of the Forum.

11. Functions of Centre.

11.— (1) The functions of the Centre shall be—

(a) to support and facilitate organisational change and innovation based on partnership in order to bring about improved performance and mutual gains, and

(b) to contribute to national competitiveness, better public services, higher living standards, a better quality of life and the development of the workplace of the future.

(2) The Centre shall advise the Taoiseach on such matters relating to the deepening of workplace partnership in the public and private sectors as he or she may, from time to time, specify.

(3) The Centre may cooperate with the Department of Enterprise, Trade and Employment and any other relevant body in the funding of partnership initiatives as referred to in subsection (1).

(4) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Centre, by order amend the functions of the Centre under subsection (1) or confer additional functions on it connected with the activities of the Office.

(5) The Taoiseach may, after consultation with any relevant Minister of the Government who has representation on the Centre, by order amend or revoke an order under this section (including an order under this subsection).

12. Performance of functions.

12.— A body may perform any of its functions through or by any member of the staff of the Office duly authorised in that behalf by the body.

13. Composition of Office.

13.— (1) The Office shall consist of the chairpersons and deputy chairpersons of the Council, Forum, Centre and any other body established under section 7.

(2) The Taoiseach shall appoint one of the chairpersons referred to in subsection (1) to be chairperson of the Office.

(3) The term of office of the chairperson of the Office shall not be less than 2 years and not more than 5 years.

(4) The quorum for a meeting of the Office shall be decided by the Office.

14. Composition of Council.

14.— (1) The Council shall consist of a chairperson, a deputy chairperson and such number of ordinary members as the Taoiseach may determine in accordance with subsection (3).

(2) The members of the Council shall be appointed by the Taoiseach.

(3) Of the ordinary members of the Council—

(a) not less than 3 and not more than 5 shall be persons nominated by organisations which the Taoiseach considers representative of business and employer interests participating in social partnership arrangements,

(b) not less than 3 and not more than 5 shall be persons nominated by the Irish Congress of Trade Unions,

(c) not less than 3 and not more than 5 shall be persons nominated by organisations which the Taoiseach considers representative of farming and agricultural interests participating in social partnership arrangements,

(d) not less than 3 and not more than 5 shall be persons nominated by organisations which the Taoiseach considers representative of the community and voluntary sector participating in social partnership arrangements,

(e) not less than 3 and not more than 5 shall be public servants, of whom at least—

(i) one shall represent the Taoiseach, and

(ii) one shall represent the Minister for Finance, and

(f) not less than 3 and not more than 5 shall be persons possessing knowledge, experience and skills which the Taoiseach considers relevant to the functions of the Council.

15. Composition of Forum.

15.— (1) The Forum shall consist of a chairperson, a deputy chairperson and such number of ordinary members as the Taoiseach may determine in accordance with subsection (3).

(2) The members of the Forum shall be appointed by the Taoiseach.

(3) Of the ordinary members of the Forum—

(a) 15 shall be members of either Dáil Éireann or Seanad Éireann,

(b) not less than 3 and not more than 5 shall be persons nominated by organisations which the Taoiseach considers representative of business and employer interests participating in social partnership arrangements,

(c) not less than 3 and not more than 5 shall be persons nominated by the Irish Congress of Trade Unions,

(d) not less than 3 and not more than 5 shall be persons nominated by organisations which the Taoiseach considers representative of farming and agricultural interests participating in social partnership arrangements,

(e) not less than 10 and not more than 15 shall be persons nominated by organisations which the Taoiseach considers representative of the community and voluntary sector, especially those concerned with matters pertaining to equality and social inclusion,

(f) not less than 3 and not more than 5 shall be persons nominated by organisations which the Taoiseach considers representative of the local government system,

(g) not less than 3 and not more than 5 shall be public servants, and

(h) not less than 3 and not more than 5 shall be persons possessing knowledge, experience and skills which the Taoiseach considers relevant to the functions of the Forum.

16. Composition of Centre.

16.— (1) The Centre shall consist of a chairperson, a deputy chairperson and such number of ordinary members as the Taoiseach may determine in accordance with subsection (3).

(2) The members of the Centre shall be appointed by the Taoiseach.

(3) Of the ordinary members of the Centre—

(a) not less than 3 and not more than 4 shall be persons nominated to represent the Taoiseach, the Minister for Finance, the Minister for Enterprise, Trade and Employment and such other Minister of the Government as the Taoiseach determines,

(b) not less than 3 and not more than 4 shall be persons nominated by organisations who the Taoiseach considers representative of business and employer interests participating in social partnership arrangements,

(c) not less than 3 and not more than 4 shall be persons nominated by the Irish Congress of Trade Unions, and

(d) not less than 3 and not more than 4 shall be persons possessing knowledge, experience and skills which the Taoiseach considers relevant to the functions of the Centre.

17. Taoiseach may by order alter composition of Council, Forum and Centre.

17.— (1) Notwithstanding sections 14, 15 and 16, the Taoiseach, where he or she considers it appropriate in the circumstances, may by order alter the composition of the members of—

(a) the Council, in lieu of all or any part of its composition referred to in section 14(3),

(b) the Forum, in lieu of all or any part of its composition referred to in section 15(3), or

(c) the Centre, in lieu of all or any part of its composition referred to in section 16(3).

(2) The Taoiseach may amend or revoke an order under this section.

18. Conditions of membership.

18.— (1) The term of office of an ordinary member of a body shall be not less than 2 years and not more than 5 years.

(2) The Taoiseach shall designate one member of each body to be the chairperson of that body.

(3) The term of office of the chairperson of a body shall be not less than 2 years and not more than 5 years.

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

(5) Each member of a body shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as the Taoiseach determines at the time of the member's appointment.

(6) There shall be paid to the members of a body such remuneration (if any) and such allowances for expenses incurred by them as the Taoiseach, with the consent of the Minister for Finance, may from time to time determine.

(7) A member of a body shall be disqualified from being such a member where he or she—

(a) ceases to represent the body or interest group which nominated him or her and where such cesser has been duly notified to the Taoiseach by the relevant body or interest group concerned,

(b) being a member of Dáil Éireann or Seanad Éireann on the Forum, ceases to be such a member,

(c) being a representative of the local government system on the Forum, ceases to be such a member,

(d) is adjudicated bankrupt,

(e) makes a composition or arrangement with creditors,

(f) is convicted of an indictable offence in relation to a company,

(g) is convicted of an offence involving fraud or dishonesty, or

(h) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts).

(8) A disqualification pursuant to an order of a court referred to in subsection (7)(d), (f), (g) or (h) shall not take effect until the ordinary time for appealing against any such order has expired, or if an appeal is lodged within that time, until any such appeal, or a further appeal therefrom is determined.

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

(10) A member of a body may at any time for stated reasons be removed from membership of the body by the Taoiseach if, in the Taoiseach'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 body to be necessary for the effective performance by it of its functions.