Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I will address amendments Nos. 5, 21, 22 and 24 together as they all relate to the placement of Irish language proficiency requirements on the ordinary members, staff, chairperson and chief executive of the commission. At the outset, I will say that I appreciate the rationale behind such requirements. However, as highlighted in pre-legislative scrutiny process, the commission requires a wide range of skills and experience in order to carry out a wide array of specialised functions. I am mindful of not wishing to impose overly restrictive conditions in relation to the make-up of the staff and members of the commission.

I wish to make some general points in relation to these amendments. In respect of the commission's chief executive and ordinary members, the Bill provides avenues for the Minister to agree with the Public Appointments Service general requirements for the candidates in sections 9(3) and 20(8) of the Electoral Reform Bill 2022 for the ordinary members and chief executive, respectively. This will provide an opportunity for the addition of Irish-language proficiency as a desirable attribute for candidates. It is important to note that the Official Languages Acts apply across public bodies. I can confirm that it is intended that the newly-established electoral commission will come within that legislation. I believe that this is the best approach in this regard. Section 18C of the Official Languages Act 2003, as inserted by the Official Languages (Amendment) Act 2021, targets having at least 20% of staff recruited to public bodies competent in the Irish language as soon as practicable, and no later than 2030. As I have said, this target will apply to the commission. I do not think that it is necessarily a good idea to legislate in isolation outside of the provisions of that Act. For these reasons I do not propose to accept the amendments. I assure the Deputies that our officials will engage with colleagues in the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to ensure that the electoral commission comes within the provisions of the Official Languages Acts.