Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 7:

In page 13, before section 8, to insert the following new section:"8.—(1) The Authority shall consist of 13 members.
(2) Subject to the provisions of this section, the members of the Authority shall be appointed by the Government and shall consist of the following persons:

(a) 3 persons nominated by the Law Society of Ireland;
(b) 2 persons nominated by the Bar Council of Ireland;
(c) 1 Judge of the Superior Courts nominated by the Chief Justice;
(d) 1 person nominated by the Irish Business and Employers’ Confederation;
(e) 1 person nominated by the Irish Congress of Trade Unions;
(f) 1 person nominated by the National Consumer Council;
(g) 1 person nominated by the Free Legal Advice Centres (FLAC);
(h) 1 person selected by the Chief Justice from such persons as are nominated by non-profit legal advocacy groups, as defined in subsection (6), operating in the State. For such purpose each such group shall be entitled to nominate one person for selection;
(i) 1 legal cost accountant nominated by the Institute of Legal Cost Accountants; and
(j) 1 persons selected by the Chief Justice from such persons as are nominated by legal education institutions, as defined in subsection (7), operating in the State. For such purposes each such legal education institution shall be entitled to nominate one such person for selection.

(3) The Authority shall, from time to time, elect one of its members, who is not a member of the legal profession, to be Chairperson of the Authority.
(4) The Chairperson shall hold office as Chairperson for such term as may be specified by the Authority at the time of his or her appointment, unless—

(a) he or she ceases to be or becomes disqualified or is removed from being a member of the Authority,
(b) he or she resigns as Chairperson and the resignation becomes effective under subsection (5), or
(c) the Authority by a resolution, for which not less than nine members of the Authority vote, and of the intention to propose which not less than 7 day’s notice is given to every member of the Authority, terminates the appointment of the Chairperson.

(5) The Chairperson of the Authority may at any time resign from that office by giving notice in writing to the Authority but the resignation shall not take effect until/before the meeting next held by the Authority after the receipt by the Authority of the notice of resignation.
(6) A “non-profit legal advocacy group” includes, for the purposes of subsection (2)(h) the Northside Community Law Centre, the Irish Council of Civil Liberties and any such other non-profit legal advocacy group as is designated by order made by the Minister under section 3.
(7) A legal education institution is, for the purposes of subsection (2)(i), including a University as provided for in the Universities Act 1997, the Law Society of Ireland, the Honourable Society of King’s Inns and such other institutions of legal education and training as designated by order made by the Minister under this Act.
(8) Without prejudice to the generality of the other provisions of this Act relating to membership of the Authority, the Government may not refuse to appoint as a member of the Authority a person nominated under subsection (2).
(9) Subject to this Act, a member of the Authority shall hold office for a period of 4 years from the date of his or her appointment.
(10) A person may not be appointed to be a member of the Authority for more than 2 consecutive terms but is otherwise eligible for reappointment.
(11) A member of the Authority may at any time resign from office by letter addressed to the Chief Executive of the Authority, and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Chief Executive of the Authority, whichever date is the later.
(12) A member of the Authority shall, unless he or she sooner dies, becomes disqualified, resigns, is removed from office or otherwise ceases to be a member, hold office as such member until the expiry of his or her term of office.
(13) Each member of the Authority—

(a) shall hold office on a part-time basis and on such other terms (other than payment of remuneration and allowances for expenses) as the Public Appointments Commission shall determine, and
(b) shall be paid by the Authority, out of the resources at its disposal, such remuneration (if any) and allowances for expenses (if any) as the Authority may, with the consent of the Minister for Public Expenditure and Reform, determine.

(14) The Oireachtas may, for stated reasons, remove a member of the Authority from office if, in the opinion of the Oireachtas—

(a) the member has become incapable through ill health of effectively performing the functions of his office;
(b) the member has committed stated misbehaviour; or
(c) the member has a conflict of interest of such significance that, in the opinion of the Oireachtas, he or she should cease to hold office.

(15) A person shall be disqualified from holding and shall cease to hold office as a member of the Authority if he or she—

(a) is adjudged bankrupt,
(b) is convicted on indictment of an offence, excluding former political prisoners including those who qualified for release under the 1998 Good Friday Agreement,
(c) is convicted of an offence involving dishonesty,
(d) is struck off the roll of solicitors or practising barristers or, following a complaint against him or her, is found guilty of misconduct,
(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act, or
(f) ceases to be ordinarily resident in the State.

(16) Where a member of the Authority dies, becomes disqualified from holding office, resigns, is removed from office or otherwise ceases to be a member, the Government shall appoint a member to fill the resultant vacancy and in filling such vacancy shall appoint a person nominated by the person or body that nominated the person occasioning the vacancy.
(17) A person who is appointed to be a member of the Authority under subsection (16) shall hold office for the remainder of the term of office of the member occasioning the casual vacancy.
(18) Subject to the provisions of this Act, the Authority may act notwithstanding one or more vacancies in its membership.
(19) In appointing members of the Authority regard shall be had to the objective to there being no fewer than 4 members who are men and no fewer than 4 members who are women.".

The amendment was tabled on the basis of the Bill as drafted. I appreciate the Minister has moved to deal with the concerns around the independence of the authority but I ask him to go a little further. My amendments seek a total of 13 members on the authority to give a broader scope. I do not insist on what I have presented and I acknowledge the Minister has made different additions. Similar amendments have been tabled by Deputies McGrath and Collins and the Minister. The number of members should increase to 13 to broaden the scope of the board and of the contributions to it. I commend the fact that the Minister has dealt with the issue of independence.

I am also seeking that the chairperson does not necessarily have to be from the lay or legal backgrounds. The chairperson will be elected by the authority's members. Reports should be made to the Oireachtas. I am trying to enshrine the authority's independence in the legislation but I appreciate that the Minister has dealt with that. However, I only ask to him to increase the number of members to 13 with the composition up for discussion and agreement.