Brian Cowen (Laois-Offaly, Fianna Fail)

My consideration of this matter is not a reflection on any outgoing member of the commission. The tenure of office is six years and the former Member, Mr. Liam Kavanagh, who was also a former Minister for the Environment, gave that service. There is a discretion to consider the appointment once the tenure is finished. I would not have been aware of the consultations in 2001, but I will accept Deputy Gilmore's statement that they occurred. If so, fine, but there is no suggestion that the discretion of the Minister for Finance is tempered in that way. Rather, it was a question of my not being aware. I thank the Deputy for accepting my bona fides in that regard.

Given developments and the requirements placed on Members through the Standards in Public Office Act, etc., a more recent former Member would be appropriate. No one would quibble with the suitability of former Deputy Michael Smith for such an appointment given his record in the House and the esteem in which he was held by Deputies present and past, as would have been the case with the former incumbent. The statutory requirement is for a former Member who is not also a Member of the European Parliament. I do not accept the contention that a former member of a Government party is less qualified than a former member of another party. There is no logic in that position. A number of former Members would be eminently suitable for such a position.

The letter I received from Deputy Gilmore at 3.15 p.m. was brought to my attention within one hour and I spoke with him about it by telephone as a matter of courtesy, as no discourtesy was intended. I took it upon myself to telephone Deputy Kenny as the leader of the main Opposition party to explain the situation to him. He accepted my comments in a conversation similar to the one between Deputy Gilmore and me.

As required by the Ethics in Public Office Act, a resolution seeking approval for the appointments — the other appointment being that of the chairman, Justice Matthew Smith — for a period of six years will be moved in both Houses of the Oireachtas next week. Assuming the passage of the resolutions, the Government will advise the President to appoint the chairperson and the Government will appoint Mr. Smith as an ordinary member. While I understand Deputy Gilmore's disappointment following his statements and my conversations with him yesterday and this morning, I ask that he reflect on whether the resolution should be contested. Mr. Smith is eminently suitable for the position and should be appointed. I was not aware of a prior consultation process. The position having gone to a non-party person previously, it would not be remiss of me to suggest that a former member of a Government party would get it this time.

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