Darren O'Rourke (Meath East, Sinn Fein) | Oireachtas source

I move amendment No. 183:

In page 19, between lines 12 and 13, to insert the following: “(c) by the substitution of the following subsectionfor subsection (3):

“(3) (a) The chairperson and ordinary members (other than the ordinary members to who subsection (2) applies)of the Advisory Council shall be appointed by the President—

(i) on the advice of the Government, and

(ii) following the passing of a resolution of each House of the Oireachtas recommending the appointment.

(b) Where a vacancy arises, or is anticipated will arise, on the Advisory Council, the Government shall, for the purposes of identifying persons and making recommendations to the Government in respect of those persons for appointment as members of the Advisory Council, invite the Public Appointments Service to undertake a selection competition.

(c) The Public Appointments Service shall, subject toparagraph(d), appoint a selection panel.

(d) Of the members of the selection panel, one of them shall be nominated by the Director of the Intergovernmental Panel on Climate Change.

(e) The Public Appointments Service shall appoint the members of the selection panel from amongst persons who, in the opinion of the Public Appointments Service, have relevant experience of,and expertise in relation to, matters outlined in section 9(c)(4)(a) of the Principal Act.

(f) The Minister shall agree with the Public Appointments Service the selection criteria and process to be implemented in respect of the filling of any vacancy on the Advisory Council.

(g) A vacancy on the Advisory Council shall be advertised publicly and shall include details of the agreed selection criteria for the filling of the vacancy and the process to be implemented in respect of the filling of that vacancy.

(h) The Public Appointments Service may adopt such procedures as it thinks fit to carry out its functions under this section.

(i) A person shall not be recommended for appointment by the President under this section unless the person is, in the opinion of the Public Appointments Service and the Government agrees, suitably qualified for such appointment by reason of their possessing such relevant experience, training or expertise as is appropriate having regardin particular tothe functions conferred on the Advisory Council by or under this Act.

(j) The Public Appointments Service shall provide the Government with particulars of experience, training and expertise of the person whom it recommends under this section.

(k) Where the Public Appointments Service makes a recommendation for the appointment of a person to the Advisory Council, the Government shall accept that recommendation.

(l) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Public Appointments Service of a particular person, it shall inform the Public Appointments Service of that fact and the reasons for it and shall request the Public Appointments Service to make another recommendation in respect of the vacancy and, the Public Appointments Service shall—

(i) consider the Government’s reasons, and

(ii) unless the Public Appointments Service disagrees with the reasons and wishes to make representations to the Government in that behalf, make another recommendation for appointment to the Advisory Council.

(m) In making recommendations for appointment of persons to the Advisory Council under this section, the Public Appointments Service, and the Government shall have regard to the need to ensure that the members of the Advisory Council broadly reflect the nature of Irish society and that such persons possess knowledge of, or experience in—

(i) mattersoutlined in subsection (4)(a)(as amended), and

(ii) without prejudice to the generality of paragraph (a),matters connected with persons or classes of persons who are disadvantaged by reference to the following factors:

(I) gender;

(II) civilstatus;

(III) familystatus;

(IV) sexualorientation;

(V) religiousbelief;

(VI) age;

(VII) disability;

(VIII) race, includingcolour, nationality, ethnic or nationalorigin;

(IX) membership of the Traveller community;

(X) socio-economic disadvantage.

(n) The factors specified in clauses (II), (III), (IV), (V), (VII) and (IX) of paragraph (m)(ii) have the same meanings they have in section 2 of the Employment Equality Act 1998.”

This amendment is quite self-explanatory. I am sure the Minister of State has had sight of it. From our perspective, it is trying to fill out, and make more complete and comprehensive, the process for appointments. The framing and wording are adapted from that used for appointments to the Irish Human Rights and Equality Commission. We believe it would be an enhancement on the process that already applies.

I also raise a query with the Minister of State. I am conscious that concerns have been raised by the CCAC about some aspects of the Bill. The Department briefed the CCAC. The CCAC has looked for legal advice in recent days. It would be helpful for us to know what that advice related to. Was it related to the appointments process or the tools for measuring emissions? I would like to hear from the Minister of State about that.