Tourism Authority

Table of Contents

Functions

The 2003 Act established the National Tourism Development Authority. The Authority may, for operational purposes, describe itself as Fáilte Ireland.

The general functions of the Authority are to—

encourage, promote and support (either inside or outside the State)the development of tourist traffic within and to the State, the development and marketing of tourist facilities and services in the State,
encourage, promote and support the recruitment, training, and education and development, of persons for the purposes of employment in connection with the tourism industry in the State,
establish and maintain registers of hotels, guesthouses, holiday camps, holiday hostels, caravan sites, camping sites, approved holiday cottages, holiday apartments, motor hotels and youth hostels,
promote and engage in research and planning in relation to the above matters
support such enterprises and projects relating to the development of tourist traffic within or to the State, and the development and marketing of tourist facilities and services in the State as it considers appropriate.

Powers

The Authority may—

engage in advertising and sponsorship or any other form of publicity,
publish lists of registered and unregistered premises and such other tourist information as it considers appropriate, or
establish and operate tourist information offices,

It may in relation to the recruitment, training, and education and development, of persons , provide financial aid (including the granting of money in respect of such recruitment, training, or education and development, to persons engaged therein),

In relation to a relevant enterprise or project it may provide—

financial aid (including the granting of money in respect of the enterprise or project concerned to persons engaged in the enterprise or project),
advisory or consultancy services in respect of the enterprise or project, and
training for persons employed in connection with the enterprise or project, or
it provide training to persons in connection with the tourism industry in the State.

The Authority may provide (whether for reward or not) advisory services in relation to tourism, or training to persons in connection with tourism.

The Authority shall, in the performance of its functions, have regard to policies of the Government (including policies of the Government relating to the Irish language and culture) for the time being extant.

Conferral of Additional Functions

The Minister may, with the consent of the Minister for Finance, confer on the Authority, by order, such additional functions connected with the functions for the time being of the Authority as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.

Power to establish, or acquire, hold or dispose of shares in, companies.

For the purposes of performing any one or more of its functions, the Authority may, with the consent of the Minister and the Minister for Finance, either alone or jointly with another person, cause such one or more companies to be formed and registered under—

the Companies Acts 1963 to 2001, or
the laws of a place other than the State,

as it considers appropriate, whether or not the company is a subsidiary of the Authority.

Agreements for Performance of Functions

The Authority may enter into an agreement with a “contractor” for the performance by that person of the functions of the Authority under the provisions specified below. An agreement shall be subject to such terms and conditions as the Authority shall determine with the consent of the Minister.

Where the Authority enters into an agreement references in the provisions specified in Schedule 2 are, to be construed as references to the Authority shall for the duration of the agreement be construed as references to the contractor.

Where the Authority enters into an agreement references in the provisions specified in Schedule 2 that are, , to be construed as references to an officer of the Authority shall for the duration of the agreement be construed as references to a member of the staff of the contractor.

assigned to it by section 12(1) of the National Tourism Development Authority Act 2003;”.

Directions of Minister.

The Minister may, in relation to the performance by the Authority of its functions, give a direction in writing to the Authority requiring it to comply with such policies of the Minister as are specified in the direction. The Authority shall comply with a direction under this section.

Membership of Authority

The Authority shall consist of the following members that is to say a chairperson, and12 ordinary members.

The members of the Authority shall be appointed by the Minister from among persons who in the opinion of the Minister have experience of, and expertise in relation to, matters connected with the functions of the Authority.

The chairperson of the Authority shall hold office for such period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine. An ordinary member of the Authority shall hold office for such period not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

A member of the Authority who has served 2 terms of office shall not be eligible for reappointment to the Authority. The Minister shall, insofar as is practicable, endeavour to ensure that among the members of the Authority there is an equit able balance between men and women.

Conditions of Office

The Minister may at any time remove from office a member of the Authority.

A member of the Authority may resign from office by notice in writing given to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

A member of the Authority shall cease to be qualified for office and shall cease to hold office if he or she—

is adjudicated bankrupt,
makes a composition or arrangement with creditors,
is convicted of any indictable offence in relation to a company,
is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,
is the subject of an order under section 160 of the Companies Act 1990, or
is sentenced to a term of imprisonment by a court of competent jurisdiction.

Grants by Authority

The Authority may pay such sums of money as it considers appropriate to such persons as it considers appropriate out of moneys advanced to it—

The Authority may, administer such schemes as the Minister may, with the consent of the Minister for Finance, approve, for the payment to persons (including the Authority) to whom the scheme concerned applies of such moneys as the Minister for Finance may determine (being moneys that have been paid to the State out of any fund established by or under the Treaty establishing the European Community).

Chief Executive

There shall be a chief executive officer of the Authority. The chief executive shall carry on and manage, and control generally, the administration of the Authority and perform such other functions (if any) as may be determined by the Authority.

The chief executive shall be appointed by the Authority with the consent of the Minister. The chief executive may be removed from office by the Authority for stated reasons.

The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Authority with the consent of the Minister given with the consent of the Minister for Finance.

Accountability to Oireachtas

The chief executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (hereafter in this section referred to as the “Committee”), give evidence to that Committee on—

the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare,
the economy and efficiency of the Authority in the use of its resources,
the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and
any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

In the performance of his or her duties under this section, the chief executive 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.

The chief executive shall, at the request in writing of a Oireachtas Committee, attend before it to give account for the general administration of the Authority.

The chief executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

NTDA (Amendment) Act 2022

The main purpose of the Act is to provide the statutory basis to allow the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, with the consent of the Minister for Public Expenditure and Reform, to increase the aggregate level of advances that may be made to the National Tourism Development Authority (Fáilte Ireland), out of capital monies provided by the Oireachtas, for the purpose of supporting enterprises and projects relating to the development of tourist traffic and the development of tourist facilities and services.

It amends the National Tourism Development Authority Act 2003 to provide that the aggregate level of advances that may be made to the Authority, out of the capital monies provided by the Oireachtas, is increased from €300,000,000 to €500,000,000.