Dominic Hannigan (Labour)

I thank Senator Bacik for sharing time. I welcome the Minister of State, Deputy Conor Lenihan. I am pleased to have an opportunity to discuss this issue, if for no other reason than to recognise the distinguished work of Mr. Justice Kevin Haugh whose untimely death led to the vacancy on the board of the Garda Síochána Ombudsman Commission. As the first person to chair the commission following its inception, he served with distinction.

It is appropriate to note that Mr. Justice Haugh was of the view that there should be amendments to the Garda Síochána Act 2005 to empower the commission to carry out its function more effectively. I welcome the indication by the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, that statutory amendments are at draft stage and that he hopes to bring these forward shortly. I trust these changes will effectively address the concerns raised by the late Mr. Justice Haugh.

In this context, perhaps the Minister will consider a further change, namely, a new and transparent process for the appointment of the chairman of the ombudsman commission. In raising this issue, I wish to make absolutely clear that I am in no way questioning the suitability of Mr. Dermot Gallagher as successor to Mr. Justice Haugh. Mr. Gallagher has served with distinction as Secretary General at the Departments of the Taoiseach and Foreign Affairs and in many other posts on the State's behalf, including at the United Nations in New York. He was instrumental in the talks that brought about the Good Friday Agreement. His father, like mine, served with the Garda Síochána, so he can be expected to be familiar with the operation of the force. There is no doubt that he is eminently suitable to be chairman of the commission. I welcome his agreement to accept an annual salary of €90,000 instead of the €243,000 previously associated with the post. If he had accepted the higher amount, in addition to his pension of €125,000, questions would have been raised regarding the appropriateness of a civil servant going on to be in receipt of a total remuneration in excess of his final salary. His decision to accept a lower remuneration for the post of chairman is a mark of his integrity.

However, I have some concerns about the appointment procedure. To reiterate, this is not at all to reflect on Mr. Gallagher's abilities and dedication. However, questions arise about such appointments to a statutory body by a Minister. I expect the Minister of State, Deputy Conor Lenihan, will tell us it is the President who makes the appointment. The reality, however, is that the latter merely signs off on the appointment after the Minister and Oireachtas have approved it. It would be a very rare event for a Minister not to get his or her way in regard to such an appointment.

It is not a question of the integrity of the individuals involved but of the integrity of the appointments system. We already know people are appointed to State boards and agencies on the basis of friendship. The previous Taoiseach, Deputy Bertie Ahern, told us so. It is beyond credulity to suppose other Ministers have not done likewise. I again emphasise I am not inferring any connection between Mr. Gallagher's appointment and his previous position as Secretary General at the Department of Foreign Affairs when the Minister, Deputy Dermot Ahern, was in charge of that Department . However, it is a highly politicised position which should, from time to time, if it is functioning properly, issue reports and statements that will be politically embarrassing to the Government. The ombudsman commission was created to restore public confidence in the Garda by establishing a body that could deal effectively with complaints about the Garda free from political or any other type of interference. The process of appointment of the board of the commission must be seen to be transparent. Anything else would represent contempt for the public's right to accountable government.

On today's Order Paper, the non-Government motion No. 33, in the name of Senators Norris, Bacik and Mullen, urges the Government to accept the recommendations of the recently published Transparency International report. One of these recommendations is that all appointments to the boards of the State bodies should be subject to public competition. I ask the Minister to take this on board in future. Mr. Gallagher and the Minister, Deputy Dermot Ahern, are well aware that the Police Ombudsman for Northern Ireland is appointed under independent observation. The Irish Council for Civil Liberties has called for the same appointment system to apply in the Republic. It has also called for the Nolan principles, which lay down seven criteria under which these types of appointment should be made, to be observed in this jurisdiction.

The crucial aspect of this case is that the Minister is responsible for the appointment of the board of the ombudsman commission but only under the scrutiny of an independent panel, with no connection to the Department filling the post. We have an independent body for appointments at lower levels of the public service but no corresponding entity for top brass appointments. This is another example of how procedures can undermine the public's confidence in the Government. Allegations of cronyism will only go away when appointments to well-paid positions, funded by the taxpayer, are open, transparent and independent. The adoption or adaption of the Nolan principles would represent a good start in this regard.

I conclude by congratulating Mr. Gallagher on his appointment. I wish him all the best in dealing with the thorny issues with which he will undoubtedly be confronted.