Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I move amendment No. 50:

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 Public Appointments Service shall organise the following selection processes—

(a) as soon as may be after the commencement of this section, a selection process referred to in each of subsections (2) and (3) for the purposes specified in those subsections, and

(b) thereafter—

(i) from time to time when requested to do so by the Minister, a selection process referred to in either subsection (2) or (3), or both, for the purposes specified in either or both of those subsections, and

(ii) if the request relates to a selection process referred to in subsection (3), for the recommendation of such number of lay persons as is specified in the request.

(2) The Public Appointments Service shall recommend a lay person for appointment by the Minister as chairperson following a selection process held by the Service for that purpose.

(3) The Public Appointments Service shall recommend lay persons for appointment by the Minister to the Commission, according to section 12(1)(h) (the General Lay Appointments) following an open selection process held by the Service for that purpose.

(4) The Public Appointments Service shall recommend lay persons for appointment by the Minister to the Commission, according to section 12(1)(i) (the Diversity and Social Inclusion Appointments) according to the process outlined in subsection (9).

(5) The Public Appointments Service shall ensure that a lay person is recommended under subsection (2) for appointment as chairperson only if it is satisfied that the person—

(a) is a fit and proper person to be so appointed, and

(b) is suitable for appointment having due regard to—

(i) his or her having demonstrated experience of effective board management and corporate governance,

(ii) his or her having such experience, qualifications, training or expertise as is appropriate having regard to the functions of the Commission, and

(iii) the desirability that he or she has knowledge of, and experience in, the matters specified in paragraphs (a) to (e) and (g) of subsection (8).

(6) Subject to subsection (7), in conducting a selection process under subsection (3) for the purpose of recommending lay persons under that subsection for appointment, the Public Appointments Service shall have regard to the desirability that the lay members of the Commission will, amongst them, possess knowledge of, and professional experience in, as many as possible of the matters specified in subsection (8).

(7) The Public Appointments Service shall ensure that a lay person is recommended under subsection (3) for appointment to the Commission only if it is satisfied that the person—

(a) is a fit and proper person to be so appointed, and

(b) is suitable for appointment by reason of the person’s possessing such experience, qualifications, training or expertise as is appropriate having regard to the functions of the Commission.

(8) The matters referred to in subsections (4) and (5) are matters connected with:

(a) the operation of the courts;

(b) the provision of supports to persons who are victims of crime or to users of the services provided by the courts;

(c) human rights, equality or issues concerning diversity amongst members of society;

(d) processes and procedures for making appointments to public office or to senior positions in public or private sector organisations;

(e) commerce, finance or administration, including public administration;

(f) board membership and corporate governance; and

(g) professional dispute resolution or mediation activities.

(9) The Public Appointments Commission, shall for the purposes of this section, seek nominations from a list of named nominating bodies, hereafter to be known as the “Diversity and Inclusion Panel”—

(a) this Panel of nominating bodies shall be maintained by the Public Appointments Commission, and to qualify for membership, an organisation must demonstrate its relevance to the objectives of diversity outlined in section 7, and/or the nine grounds in the Employment Equality Acts,

(b) this Panel shall not have a maximum number of organisations entitled to nominate a person for this section, however, each organisation will only be entitled to nominate a single person on each occasion, that there is a vacancy in line with section 12(1)(i),

(c) on each occasion that there is a vacancy under section 12(1)(i), the Public Appointments Commission shall seek expressions of interest from the organisations on the Diversity and Inclusion Panel, and

(d) the Public Appointments Service shall from these named persons, recommend lay persons for appointment by the Minister to the Commission, in accordance with subsection (10).

(10) Subject to subsection (9), in conducting a selection process under subsection (4) for the purpose of recommending lay persons under that subsection for appointment, the Public Appointments Service shall have regard to the desirability that the lay members of the Commission will, amongst them, possess knowledge of, and professional experience in, as many as possible of the matters specified in subsection (8).”.