Timmy Dooley (Clare, Fianna Fail)
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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.

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.

Brendan Howlin (Wexford, Labour)
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I thank Deputy Dooley for his statement - much of which I agree with - on what is a very important issue for Members of both Houses of the Oireachtas. As the Deputy has rightly said, during the passage of the Houses of the Oireachtas Commission (Amendment) Bill 2009, reference was made to the Government's commitment to ensuring, in co-operation with the commission, that the administrative structure of the Oireachtas does not become out of step with Civil Service norms in terms of adapting flexibly to the needs and demands of modern management systems.

As Deputy Dooley correctly noted, during the passage of the Houses of the Oireachtas Commission (Amendment) (No. 2) Bill 2012, my colleague the Minister of State at the Department of Health, Deputy Alex White, advised Members that it was intended to bring forward legislation in 2013 to ensure the modernisation of the senior management structures of the Houses of the Oireachtas service. The existing arrangements for the filling of officer of the House posts in the Houses of the Oireachtas service, such as that of Clerk of the Dáil, means, as the Deputy has rightly pointed out, that an external candidate may only be appointed where no internal candidate is deemed suitable. This is completely out of kilter with the top level appointments committee, TLAC, system which incorporates nomination by boards comprising a majority of members from the private sector with specific skills in management and human resources. This format provides considerable opportunities for new blood to be introduced into organisations throughout the public service, and this has been mirrored by the introduction by the Government of a senior public service mobility programme throughout the public service. This has already been availed of in the Houses of the Oireachtas service at assistant secretary level.

I believe the objective in filling top posts of the Houses of the Oireachtas service should be to employ professionally organised and independent competitive selection mechanisms such as those that exist throughout the wider Civil Service to ensure the best possible person is selected from as wide a pool of talent as possible to lead the parliamentary service in future. In fact, changes to the current system have been foreshadowed by recent appointments to assistant secretary positions in the Houses of the Oireachtas service being made on the basis that the duties of the posts would subsume those of the Clerk Assistant of the Dáil and the Clerk of the Seanad once the incumbents have vacated their positions. It should be noted that the filling of two assistant secretary positions in the Houses of the Oireachtas service in 2006 and 2010, respectively, were as a result of TLAC open competitions. Each of these posts was sanctioned by the then Minister for Finance on the basis of achieving a modernising programme in the Houses of the Oireachtas service.

I am on record as being committed to ensuring, in co-operation with the Houses of the Oireachtas Commission, that the administrative structures of the Oireachtas do not become out of step with Civil Service norms in terms of adopting flexibly to the needs and demands of modern management practices. Legislation which would change the management structure at the Houses of the Oireachtas service and have the chief executive of the service selected from as wide a pool as possible in line with top level appointments in the Civil Service generally is being considered in my Department. I hope to have discussions soon with the Ceann Comhairle and the Houses of the Oireachtas Commission, as appropriate, and I will be bringing in legislation to Government immediately thereafter.

Timmy Dooley (Clare, Fianna Fail)
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I welcome the Minister's clarification and the reaffirmation of his desire to modernise the way in which appointments are made here. The Clerk of the Dáil will retire over the summer. Will the Minister's legislation be in place to ensure the broadest number of candidates will be in a position to apply for this position? Is it the expectation of the Minister that the position will be filled under the 1959 Act? Let us be clear how the 1959 Act applies. The appointment is effectively done by the Ceann Comhairle with reference to the commission and with confirmation by the Taoiseach. The Minister has accepted and identified that it is an outdated practice, and I welcome that. Will the Minister give the House a clear commitment that the Government will not utilise or allow the utilisation of the 1959 Act for the filling of the vacancy due to arise during the summer? Will the Minister give a commitment that the legislation will be in place to remove any doubt in respect of the way in which the position is filled?

Brendan Howlin (Wexford, Labour)
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I cannot pre-empt the decisions of Government or the Oireachtas in that regard but that is my ambition. The legislation is drafted. However, as a matter of courtesy, I have held preliminary discussions with the Ceann Comhairle on this matter but I wish to have further discussions with him and with the Cathaoirleach of the Seanad on the legislation generally. I am keen to do that soon but, unfortunately, I have been preoccupied by several other issues in recent weeks. I am keen to see that legislation before the Houses as soon as possible.

Timmy Dooley (Clare, Fianna Fail)
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I welcome that confirmation but I wonder about the necessity to enter into a dialogue.

Brendan Howlin (Wexford, Labour)
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It is a matter of courtesy.

Timmy Dooley (Clare, Fianna Fail)
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I accept it is a courtesy but surely the Minister will accept and agree that the decision has been taken in principle. The Government has committed to it. Surely the offices of Cathaoirleach and Ceann Comhairle must accept the direction in that regard. While I understand the need for courtesies, we are on a tight timeline. Over and above the courtesies, there is a requirement to ensure the best available pool of people are in a position to apply for this job. Therefore, I call on the Minister to ensure, at least, that the timeline is in place to allow it to happen.

Brendan Howlin (Wexford, Labour)
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I am old-fashioned in these matters. As a matter of courtesy I believe I should explain my position. It has been the subject of discussions between services in the Department of Finance, as was, and the Department of Public Expenditure and Reform, as is, and the official services here. I have held preliminary discussions with the Ceann Comhairle. I wish to conclude that process and then bring legislation to Government and, I hope, to the Houses speedily. I imagine it will not be challenging legislation. We may have all-party agreement to have it enacted quickly once we introduce it.