Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I was personally disappointed that the panel did not commence its work earlier. It was appointed in mid-July. I welcomed that the individuals who we requested to sit on the selection panel agreed to do so. I appreciate that it was a great burden for them and I was grateful to them for taking up the position. Unfortunately, instead of commencing their work and advertising in September as I originally hoped and expected, they raised some issues as a result I think of misinformation that was made available to them and they postponed proceeding with the work we had asked them to undertake. I met with those individuals in September. We cleared the air entirely of any misunderstandings that had arisen. It was important that they were also given an opportunity to meet members of the Committee on Justice, Defence and Equality so that committee would be fully assured through a public and transparent process that the individuals are appropriately qualified and independent. I originally thought the advertisement might be in the newspapers and other media this week but I understand they will be advertising next week. A period of time will be provided for those who are eligible to apply and the panel will ultimately make recommendations to the Government regarding the individuals who are to be appointed.

Under the process for these panels in the past there was no particular assurances from the Government regarding who would be appointed and previous Governments appointed some but not all of those recommended to them. I hope I am accurate in that. I do not want to mislead the House in any way. We have given a commitment that we will appoint those who are recommended unless some unexpected and exceptional circumstance arises. Should that apply to some individual reasons will be given to the panel as to why a certain individual should not be appointed. I envisage in circumstances where the panel might recommend individuals in good faith that some information could emerge before the Government formally made its appointment which indicated for some reason which the panel was unaware of that an individual was unsuitable. It is very unlikely that such an issue would arise because we are anxious that the process is seen to be completely independent. Should it arise, reasons will be given and the panel will be asked to nominate an alternative individual. I am not anticipating that we will get into that difficulty.

I hope we will have the appointments to the new commission before Christmas. We cannot formally establish the new commission without the legislation. The intention is that the same individuals will be appointed under existing legislation to the Human Rights Commission and the Equality Authority and that they will work together in moving to the creation of the single body because the new legislation will not be enacted until next year.

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