Gerald Nash (Louth, Labour)
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Question 306: To ask the Minister for Social Protection in view of the proposals to prohibit sitting public representatives form taking positions on certain State boards, if she is concerned at reports that a Deputy (details supplied) has refused to resign their position on the Citizens Information Board; if she has been in contact with the Deputy in respect of their position on the board; if she will provide an update regarding the issue; and if she will make a statement on the matter. [15137/11]

Joan Burton (Dublin West, Labour)
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The Citizens Information Board (CIB) operates under the aegis of the Department and is responsible for supporting the provision of information, advice and advocacy on social services and for the Money, Advice and Budgeting Service. The board of the Citizens Information Board is also responsible for furnishing advice, information and assistance to me in relation to the development of any aspect of social services. In addition, and upon request, the Board is also required to design schemes relating to social services to address needs identified by me as Minister.

A member of the Dáil participates in the making of laws for the State. Those same laws govern the services which the Board provides to individuals and to me as Minister. I consider it inappropriate that these functions are carried out by a Board containing a member of the legislature. Such functions are essentially functions of the executive branch of government and their exercise by a member of the legislative branch is incompatible with the doctrine of the separation of powers.

Therefore, it is my view that the Deputy in question's simultaneous membership of the Board and as an elected representative of the Dáil compromises the effective performance of the Board. In addition, I also consider it inappropriate for a board member to be in receipt of remuneration in respect of board membership as well as remuneration in respect of membership of the Dáil.

I have sought to address my concerns in the governing legislation of the Citizens Information Board through amendments proposed in the Social Welfare and Pensions Bill 2011 which will, in future, prohibit a person nominated as a candidate for election to either House of the Oireachtas or the European Parliament from being eligible to retain their position as a member of the Board. Such amendments reflect those already contained in other state body governing legislation.

I have written to the Deputy twice, outlining my concerns and seeking his resignation. The Deputy has responded stating that he will not be resigning from the board.

In view of this, I will now consider termination of the Deputy's membership of the Board invoking the provisions of the Comhairle Act 2000.