Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not agree with him and I feel the members of the commission to whom he makes reference could be the most expert people in terms of their knowledge and their input and contribution. As a result, I have a difficulty with the amendment. The provision applies to lay members, including the non-legal chairperson selected by the Public Appointments Service and the nominees of the professional bodies, namely, the Law Society and the Bar Council.

Under section 14(4), the Minister would, in certain circumstances, be permitted to appoint such a member for a further term without a fresh PAS selection process. The terms of subsection (4) are based for all intents and purposes on the corresponding provisions of Part IV of the Court and Court Officers Act 1995. These are the prevailing procedures for the legal profession nominees and lay persons. In these instances, their terms may be renewed for a further three years. I acknowledge that we are changing the basis upon which, for example, lay persons are appointed, moving as we are to the PAS process. Assuming that the relevant person is willing and able to continue serving, however, and it is considered appropriate to do so, it is nothing other than common sense to reappoint him or her.

I invite members to agree that this is a standard board membership provision. It is not mandatory, merely permissive. It also makes some administrative sense. I ask that the section be retained. Even in terms of the different lay member composition or different means by which members can be appointed that Deputies Wallace and Daly are seeking, having made the appointments, it makes sense to allow for a potential turnover from time to time and it may be deemed appropriate for persons to serve a second term. In this regard, I am minded to draw on Deputy O'Callaghan's remarks about how it could become a challenge to interest people in the process in the first instance. In any event, it is only for one further period, so there could be no suggestion that these positions are being territorialised or occupied for an unduly long period. It will be based on the member's interests or otherwise in the work of the commission.