Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

As the Minister knows, there is serious concern regarding the delay in bringing forward amending legislation to the Houses of the Oireachtas Commission Act to modernise the senior management structure in the Houses of the Oireachtas service and, in particular, the method of appointment of staff. This concern is particularly acute in view of the fact that the most senior position, that of Clerk of the Dáil, essentially the Secretary General or CEO of this House, is due to become vacant this summer.

Modernising legislation was promised as far back as 2009. Indeed, the then Minister for Finance, when moving the Second Stage of the Houses of the Oireachtas Commission (Amendment) Bill in 2009, teed up changes to the management structure of the House as set out in the Staff of the Houses of the Oireachtas Act of 1959. More recently, in December 2012, the Minister of State, Deputy Alex White, speaking on behalf of the Minister for Public Expenditure and Reform, referred to the fact that the configuration in that Act, particularly in senior structures, needed to be modernised. He went on to say that "the Minister is committed to ensuring, in co-operation with the Commission, that the administrative structures of the Oireachtas do not become out of step with Civil Service norms in terms of adapting flexibly to the needs and demands of modern management practices". The Minister of State also said:

I also wish to advise Members that the Minister for Public Expenditure and Reform intends to bring forward legislation early in 2013 to ensure the modernisation of the senior management structures of the Oireachtas service. These are specifically recognised in the Staff of the Houses of the Oireachtas Act 1959. It is accepted that the configuration in that Act, particularly in terms of senior management structures, needs to be modernised.

The Minister of State also said that "while it is recognised that significant modernisation has taken place, the statutory framework in the 1959 Act does not reflect this and needs to be modernised".

That was put on the record of the House in December 2012. Time has gone by since then and it is quite clear that no legislation will be in place for the upcoming appointment, when the current Clerk of the Dáil retires later this year. The expectation was, based on the Minister's direction, that such amending legislation would have been brought forward by now.

As the Minister knows, the appointment of each officer of the Houses of the Oireachtas involves the Chairman of the House, having consulted the Houses of the Oireachtas Commission, recommending a candidate for appointment by the Taoiseach. This process ensures there is little or no flexibility in assignments to any of these positions and such a person cannot be transferred within the Houses of the Oireachtas service. In my view, this has proved to be a major stumbling block in achieving flexibility and reassignment of functions within the Houses of the Oireachtas management structure. While the problem is not as acute now, with the appointment of two assistant secretaries, neither of whom are officers of the House, it is necessary to remove the anomaly created. This should be done as quickly as possible. It is an outdated function. The Minister is well aware there is no obvious provision for somebody from outside the House to apply for the job in the first instance. The Ceann Comhairle, in consultation with the Houses of the Oireachtas Commission, must look within the staff of the Oireachtas at a particular time and has no capacity to seek external assistance, as is the norm for top level appointments in the Civil Service.

I ask the Minister to bring forward the amending legislation without delay so that the next appointment, that of a replacement for the outgoing Clerk of the Dáil, can be done under newer legislation, thereby broadening the capacity for others to apply for the job, in line with the appointment of other Secretaries General in various Departments.

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