Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The Bill makes provision for appointments being made to the new competition and consumer protection commission following an open recruitment competition to be run by the Public Appointments Service. This replicates the system that currently exists for the Competition Authority.

The mechanics of advertising, interviewing and then taking into account the need for successful applicants to give some months’ notice to their current employers - possibly up to three months - means that the entire recruitment and selection process could take a number of months to conclude, during which period the commission would not be allowed to function without the requisite membership if a number of vacancies had arisen.

Thus, the Bill replicates, at section 12(5), the provisions of the Competition (Amendment) Act 2010 which allows the Minister for Jobs, Enterprise and Innovation to appoint whole-time members for a short period to provide cover up to the point when whole-time members are appointed following the holding of a PAS competition. In that context, as laid out in section 12(10) and section 12(11) of the Bill, such members may only be appointed for an initial maximum period of six months, with a further period, or periods, allowed provided the total period for that temporary member does not exceed 12 months. This provision was utilised in 2010 and appointments were made for less than the 12-month period. In addition, replacements were put in place within a very short time to ensure that the authority had its member complement.

Section 12(3)(b) also replicates the provisions of the Competition Act 2002 regarding the appointment of temporary whole-time members to address a situation where a member is temporarily unable to discharge his or her duties. Such provisions are intended to cover illness of a member or unavailability to attend a meeting of the commission if that member is out of the country and cannot take part in that meeting with a knock-on impact on the statutory quorum for that meeting. Thus, they are of very short duration and very specific to a given unforeseen situation. They have, in the case of the Competition Authority’s experience to date, consisted of members of staff being appointed for limited periods to ensure authority meetings could take place with the required quorum, often at short notice.

In summary, if a longer-term vacancy arises, the provisions under sections 12(5), 12(10) and 12 (11) will operate. If there is a shorter-term vacancy, then section 12(3)(b) comes into operation.

It is not clear if the proposed amendment applies to both types of vacancy or just one type only. If it relates to the longer-term vacancy, the provisions of sections 12(5), 12(10) and 12(11) will operate and replacements have to be found quickly. If there is a shorter-term vacancy, then section 12(3)(b) operates and, as these are only temporary appointments appointed at short notice, there does not appear to be any requirement to set a time period.

Therefore, I do not believe that the proposed amendment is necessary and I am not in a position to accept it. The competition board is not a board like the board of Enterprise Ireland where effectively the Minister appoints the board. These are statutory positions that people hold and they are filled by way of a public competition. Once a vacancy arises there would be no reason for not advertising that vacancy. Seeking to constrain the selection process in the way the Senator is suggesting does not serve any interest.

The history has shown that the authority has had to make use of the provisions of the Bill to ensure that important statutory duties can be conducted in a timely way when they need to be. In the nature of some of the issues that the competition and consumer protection commission will be dealing with, it needs to be in a position to respond quickly and make decisions, as appropriate, on important matters. While I understand the general principle of filling vacancies quickly, I think the amendment is unnecessary.