Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I thank the Deputies for the proposed amendments. The Office of the Parliamentary Counsel states the amendment is not necessary in primary legislation because I am bound by certain duties in the Government code of practice. I know that there is a fear that the Minister might just go and appoint ten people whom he or she had hand-picked. I have never done that and it is actually very rare for someone to go outside the PAS in making appointments. When they are brought to the Cabinet, a Minister has to state if a person has not been appointed through the PAS and explain why. It is quite rare to go outside the PAS. I can think of an example in which I would potentially need to go outside the PAS in this instance. In the case of the voluntary regulator, we had a tenant representative as a member, a tenancy advocate and it was difficult to find a replacement for that person. The public appointments system is great and only from time to time is there a need to step outside it. I am trying to think of a time when I might have stepped outside it. I have probably done so once, but it is rare. I would not want to have something in legislation that was not deemed to be required to get in my way in needing to appoint a disability advocate, or a tenant advocate, or another type of advocate we cannot think of today because the issue has not yet presented, or because of the way that things and culture change. I do not think the amendment is necessary. The practice being followed at Government level is a good one.