Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 7:

In page 21, to delete lines 1 to 13 and substitute the following:“(5) Subject to subsection (7), the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.

(6) The Public Appointments Service shall appoint a selection panel to assist it in holding an open selection competition.

(7) The Public Appointment Service shall ensure that a person is recommended under subsection (5) for appointment only if it is satisfied that the person has the

qualifications, experience and skills necessary to enable the Commission to effectively perform its functions.”.

I refer to a number of Opposition amendments concerning the method of appointment of a commissioner, which were carried on Committee Stage. My amendment No. 7 will replace subsections (5) to (9) with a redrafted text that takes account of all but one of the proposals on that occasion. Subsection (5) includes a requirement for an open selection competition while subsection (6) provides for the appointment of a selection panel as proposed in the Opposition amendments.

However, the amendment does not provide for the nomination of a member of the selection panel by the European Data Protection Supervisor, EDPS, for the following reasons. Following completion of Committee Stage, my officials drew the attention of the European Data Protection Supervisor to the subsection that would require him to nominate a member of the selection panel for recommending a candidate for the appointment of commissioner. The response to my Department by the supervisor's deputy stated that, despite its deep understanding of the good intentions of, and appreciation for, the European approach, EDPS wanted to express its reservations about the idea. It stated that it was aware of some precedents as far as the involvement of the fundamental rights agency executive director was concerned but thought that it did not fit with the system of international co-operation of data protection authorities. EDPS, being the supervisor of EU institutions bodies and agencies, as well as the provider of the secretariat for the European Data Protection Board, had to stay neutral and impartial in all appointment procedures in national jurisdictions.

This is something we did discuss, and it was flagged in anticipation of our representations and submissions. Taking account of the views of the European Data Protection Supervisor, I have not provided for a nomination of a member of the selection panel by the European Data Protection Supervisor in my amendment to replace subsections (5) to (9). However, as I mentioned during Committee Stage discussions, it is already the practice of the Public Appointments Service to seek external participation in selection boards. I understand the head of another data protection authority already participated in the selection process that recommended the current Data Protection Commissioner to the Government for appointment to that position. I state this for clarity purposes, being further information that is now provided that we did not have on Committee Stage.

As regards amendment No. 8, in the names of Deputies Daly and Wallace, I am advised it is not necessary to make provision for the filling of a vacancy on the commission because the process for appointing a commissioner will apply in the case of all vacancies in any event as of course.

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