Charles Flanagan (Laois, Fine Gael) | Oireachtas source

There are eight amendments in the group, one of which is gone. Section 15 deals with the membership of the proposed data protection commission. My amendments Nos. 16, 17 and 18 merely insert a new paragraph on the matter of the retirement age of a commissioner under subsection (9). As regards the appointment of commissioners, section 15 allocates the task of making a recommendation for appointment as a commissioner to the Public Appointments Service. Indeed, committee members will be aware that PAS acts independently of Government and is responsible for the preparation of job specifications, advertising competitions, screening applicants and assembling interview boards.

It is fair to say that the service discharges these tasks in a most efficient manner. With regard to the process to appoint the current commissioner, I understand that efforts were made successfully to attract suitable applicants from outside the State. I believe a high-ranking member of an external data protection authority was involved in the final selection process. Deputy O'Callaghan suggested that an open selection competition be held. As I understand it, that is the normal modus operandiof PAS. With regard to the proposal that the chair of the European Data Protection Board, EDPB, should nominate a member of the selection panel, it is not clear if the Deputy has inquired as to whether this is a task that that chair might, in the circumstances, be willing to undertake. It would be unusual and, I dare say, impolite at the least, if we were to impose a task on the chair of the European Data Protection Board without consulting about the matter or indeed reaching agreement with that office beforehand.

With regard to the amendments of Deputies Daly and Wallace, similar considerations apply. They suggest that the European Data Protection Supervisor, rather than the chair of the EDPB, should nominate a member of the panel. It is not clear if there has been any consultation or agreement on the matter of such involvement. I welcome the principle of external participation. I am concerned about what would happen if the positions of the chair of the European Data Protection Board or European Data Protection Supervisor were vacant for a period. Such vacancies would be outside our control. Presumably, it would mean that the selection of a commissioner cannot proceed until that European position is filled. I have the impression, which I think is fair and reasonable, that the filling of these positions may take some time because of the involvement of the various institutions of the community. We have experience of that from the past. The proposed subsection (10) as tabled by Deputies Wallace and Daly would appear to require the Government to satisfy itself that the Public Appointments Service nominee is suitably qualified and has the necessary experience, expertise and training. I am concerned about any undue interference or suggestion that we are revisiting the PAS process after the event. We all know about the difficulties of perceived politicisation of these appointments. I am not sure if this is a desirable step. I would have a difficulty with it. I would also add to that difficulty that it is in conflict with the GDPR in any event. I have a problem with amendment No. 15 but I am willing to look at amendments Nos. 11 to 14, inclusive. I will look at the overall content of section 15 but I ask members to give careful consideration to the points that I make.