Seanad debates

Thursday, 22 January 2015

Appointments to State Boards: Statements

 

12:25 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail) | Oireachtas source

That was an extraordinary speech by the Minister. It was full of hope and promise and, of course, there was no mention of the ghosts at the banquet, namely, Mr. McNulty and Senator Craughwell, which brought this process to light. We were told this was the most reforming Government in the history of the State. The public rejected the old ways in the election in 2011, but we saw more of the same.

We saw Fine Gael and the Labour Party, on a 2:1 ratio, appoint their friends, cronies, supporters, ex-councillors and relations to State boards. We see similar things happening in the Judiciary. There is no mention of it today, and I want the Minister to answer a question. Does the 2:1 ratio, which has been confirmed by a number of people on the record, apply to judicial appointments? What efforts will be made to reform that process?

This all came to light in September, as the Minister said, because of the shame and embarrassment caused by the shocking and unprecedented appointment of a person with no artistic experience onto the board of the Irish Museum of Modern Art, IMMA. In the months before and after that, we saw the former Minister, Phil Hogan, appoint quite a number of former Fine Gael and Labour Party councillors onto boards. Former Fine Gael councillors were appointed to the western development commission on €5,985 a year. Bord na Móna and NewERA, which the Minister mentioned, received political appointments over the summer, who were two people who failed to be elected in the local elections. The IMMA board showed the 2:1 process in operation. There were two Fine Gael appointments made, Mr. McNulty and a woman from Limerick, as well as a former Labour Party councillor who apparently had some experience in the arts. I will not fight that battle, but it was part of the 2:1 deal, which is on the record as being in place in this Government.

That is what has happened and what has been the record of the Government, despite the fact that the public rejected what went on before. Most of us thought it was deplorable and I never had a role in any State board appointments. I found some Ministers in the last Government were genuinely on the lookout for good people to do jobs, something I accept also happens in this Government. However, there is evidence that many of the bad practices have continued and will continue.

Let us consider the judicial appointments process. It was reformed many years ago, but the reforms have not worked. Towards the end of the last Government not many Fianna Fáil supporters were appointed, because there were not many left. That is the reality. The process started again in February 2011 when the current Government started putting people onto the judicial benches, many of whom were identified by party label. That is a fact. Some, but not all, were identified in newspapers. I am not saying they were not worthy, but it would be good if the Minister put on the record whether the 2:1 deal between Fine Gael and the Labour Party applies to judicial appointments. The lack of clarity does not do any good for the Judiciary. I am not making any comment about whether judges are good, bad or indifferent.

The Government was shamed and embarrassed by the activities of the Fine Gael Party in making a ridiculous appointment to the board of IMMA. The problem with the appointment is that it passed through a statutory procedure to see whether someone was qualified to run for the Seanad. On paper, the person was qualified because he was a member of the board of IMMA. When a Minister, using his or her powers, finds a fantastic candidate from outside the process, how will the Public Appointments Service tell him or her it does not think the person is qualified? It would be a brave group of people which would reject candidates for office after a Minister has suggested they be put on a board.

I am afraid what will happen will be similar to the Judicial Appointments Advisory Board, and names will be put forward and the process will be completed but the Minister will be still able to put through other names. There will be a veneer of transparency and respectability. I am sure for very important boards, such as the board of St. James's Hospital, a Minister will be able to say fantastic people have been appointed.

I am certain the Fiscal Advisory Council cannot operate without people who have a relevant qualification, and the current Fiscal Advisory Council is an example of that. Such a board would never have been politically stuffed because it, by its very nature, requires people who are experts in the field. That is probably written in law.

I would like the Minister to comment on the 2:1 deal. Is it still in place? How does it operate in the context of the new arrangements? Is it in place for judicial appointments, which the Minister did not mention in his speech?

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