Oireachtas Joint and Select Committees
Wednesday, 17 July 2013
Select Committee on Justice, Defence and Equality
Legal Services Regulation Bill 2011: Committee Stage
9:50 am
Alan Shatter (Dublin South, Fine Gael)
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The answer is that the Minister of the day does not have an influence. The people appointed have to satisfy the relevant criteria specified in the legislation and their appointment has to be approved by resolution of both Houses. It would be open to either House to decide on some individual and to effectively reject the nominations, given there has to be a resolution. Members on all sides in the Houses of the Oireachtas would have an opportunity, if they considered someone was nominated who was singularly inappropriate and ineligible for appointment, to reject that.
The architecture I have created is designed to ensure that no one can suggest that the Minister of the day is going to cherry-pick individuals in any shape or form and by doing so put on the legal services authority individuals who might "do the wishes of the Minister". It was never the intention that the authority would operate in that way in any case, in so far as there was a perception that it might because we relied substantially initially in the Bill on the formal structure that applies to a variety of different other independent bodies. In so far as it gave rise to any perceptions, I am anxious that those perceptions be laid to rest. Of course the nominating bodies will have to satisfy themselves on expertise criteria when nominating people. I would expect that they would do that. It is not my intention that, as a Minister, I would be specifically engaged in choosing individuals.
The procedure applicable to the nomination for appointments is detailed at some length. I hope that the way we are dealing with this would be seen to be a good faith response to the concerns that people have expressed.