Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The existing text of section 14(3) on page 15 provides that a member of the commission ceases to be a member automatically on conviction for a criminal offence. The case the Deputy describes would not necessarily be a criminal offence, unless there was assault. The amendment seeks to raise the threshold to conviction for an indictable criminal offence. The commission will have very significant powers in ensuring compliance with Irish human rights law. It would fatally damage the credibility of any person with such a powerful role were that person to be convicted for a criminal offence while in office. The wording "is convicted" in the Bill means convicted now or in the future and does not refer to past convictions. This means a person with a criminal conviction is not precluded from appointment. While such a conviction would be a factor to be considered in the selection process, a person would not be precluded from appointment by virtue, for example, of a youthful indiscretion or incident. The existing provision is appropriate to a human rights commission and I will not accept the amendment.

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