Dáil Éireann - Volume 413 - 19 November, 1991

Written Answers. - Code of Conduct for State Companies.

89. Mr. Shatter asked the Minister for Labour if he will outline in relation to each State and semi-State company under the aegis of his Department the companies which have a code of conduct delineating the activities which board members and employees of such bodies can engage in to ensure that an actual or potential conflict of interest does not arise vis-á-vis their duties as members and/or employees of such State bodies and other activities; the way in which this code of conduct, if any, is monitored by his Department; if he will make available in full any such code of conduct stating the State and semi-State bodies to which [101] it applies; and if he will make a statement on the matter.

Minister for Labour (Mr. O'Kennedy): The State and semi-State companies under the aegis of my Department are FÁS — the Training and Employment Authority, ILTS — the Irish Labour Training Services Ltd., CERT — the Council for Education, Recruitment and Training in the hotel, catering and tourism industry and HSA — the Health and Safety Authority.

Safeguards against conflict of interest in respect of members and employees of FÁS are contained in the regulation of the procedures and business of FÁS and in their purchasing procedures formally adopted by the board and their standard contract of employment.

ILTS are a subsidiary of FÁS provided for in section 4 (6) (b) of the Labour Services Act, 1987. The company's articles of association makes provision for the conduct of directors, chairmen, auditors, trustees, committee members, officers, servants, agents, accountants or other persons engaged in the business of the company.

The articles of association for CERT makes provision for the conduct of members of the council. In addition, the contract of employment of CERT employees imposes restrictions with regard to activities which could be deemed to be in conflict with the discharge of their duties and sets down a requirement with regard to confidentiality.

The Health and Safety Authority have not yet drawn up a specific code of conduct. The Authority was set up on 1 November 1989, under the Safety, Health and Welfare at Work Act, 1989. The staff of the Authority comprise in the main officers seconded from my Department who continue to be subject to Civil Service regulations regarding their conduct. I understand the board of the Authority are at the moment addressing the issues raised in the Deputy's question.

While there is representation of my Department on the boards concerned [102] and while continued contact is maintained between the bodies concerned and the Department, the implementation of the rules concerned is a matter for the individual boards.

Copies of the relevant documents in respect of FÁS, ILTS and CERT are available to Deputies on request.