Oireachtas Joint and Select Committees

Wednesday, 7 February 2018

Select Committee on Justice and Equality

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I move amendment No. 49:

In page 15, between lines 3 and 4, to insert the following:

“Recommendation of lay person for appointment as member and chairperson

15.(1) The 6 lay members of the Commission shall be appointed by the Minister on receipt of the following nominations:
(i) one shall be nominated for appointment by the Citizens Information Board;

(ii) one shall be nominated for appointment by An tÚdarás um Árd-Oideachas;

(iii) one shall be nominated for appointment by the Competition and Consumer Protection Commission;

(iv) one shall be nominated for appointment by the Irish Human Rights and Equality Commission;

(v) one shall be nominated for appointment by the Free Legal Advice Centres Limited;

(vi) one shall be nominated for appointment by the Top Level Appointments Commission.
(2) The Minister shall appoint as Chairperson a retired Judge of the High Court or Court of Appeal or Supreme Court.

(3) The Minister shall ensure that a lay person is appointed under this section only if he or she is satisfied that the person—(a) is a fit and proper person to be so appointed, and

(b) is suitable for appointment having regard to—
(i) his or her having demonstrated experience of effective board management and corporate governance, and

(ii) his or her having such experience, qualifications, training or expertise as is appropriate having regard to the functions of the Commission.
(4) The Minister shall not make an appointment under this section unless a resolution approving the appointment has been passed by each House of the Oireachtas.”.

I am not going to spend much time on this because we have already discussed it to a certain extent before. Amendment No. 49 seeks to put in a new section for section 15. Instead of having the six laypersons nominated or appointed by the Public Appointments Service, the six would be nominated by the Citizens Information Board, An tÚdarás um Árd-Oideachas, the Competition and Consumer Protection Commission, the Irish Human Rights and Equality Commission, Free Legal Advice Centres Limited and the Top Level Appointments Committee.

It gets away from the idea that we have to put out an advertisement to see who will apply. We have six respected bodies that will do their best to appoint suitable people. The proposed section 15(2) makes the point on who the chairperson should be. If this amendment is passed, it will mean that we do not have to deal with amendments Nos. 50 to 68. I am throwing that in, not to tempt members to support it, but it is something that will have a consequence. I urge the Minister to accept amendment No. 49.

Other amendments are dealt with in the grouping but no other amendments in that group are in my name. Amendment No. 70 is in the name of Deputy Sherlock. Amendment No. 71 is in the name of Deputy Clare Daly. She is trying to delete the word "lay". I am supportive of that.

Amendment No. 173 is the last amendment, which is in the name of Deputy Daly.

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