Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am sure that Deputy Daly will contribute in any event lest I in some way misinterpret or misconstrue the import of her amendment. Its purpose seems to be to insert into section 2, which deals with definitions, a modification of the definition of "lay person" to allow for nominees to the commission from FLAC and the ICCL to be considered as lay persons. This relates to amendments Nos. 33 and 34 in the name of Deputy Daly. They seek to modify the membership of the commission in section 12 by replacing two of the six lay members with nominees of the ICCL and FLAC instead of having the members recruited through the Public Appointments Service, PAS.

I have a difficulty with amendment No. 6 in so far as the strategy for selection of the lay members in the Bill is to have them selected independently and professionally by the PAS in accordance with their experience and expertise, which are criteria set out in section 12. The reasonable intention is to get as wide as possible a mix and coverage of the desired skills and experience among the cohort of lay members who might be appointed. The PAS will be selecting from a wide pool of potential applicants, including people who have experience in the organisations referred to by Deputy Daly. It is open to them to apply should they deem it appropriate or desirable. The application process would not just be open to the organisations named in the amendment, but also to similar organisations working in like fields.

The PAS will use the selection process to screen the suitability and experience of candidates in a way that would probably not be done in a nomination process.

We have sufficient experience, either at Government level or at Houses of the Oireachtas level, for us to be assured that when it comes to the appointment of persons who are recommended by the Public Appointments Service, PAS, they will have been carefully and independently selected. Having said that, I do not wish to deny the relevance of the expertise or the experience that people from the organisations referred to by Deputy Daly would bring to the table in the new commission. On balance, I believe that categories of expertise and experiences as set out in section 15 of the Bill, as requisites for what we describe as lay members, adequately covers these areas. I appreciate what Deputy Daly is doing here and I acknowledge the well-intended nature of the amendment, but it may well be too narrow.