Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not intend to repeat the points I made earlier except that my opposition to the various configuration of amendments before us from the different groups stems from the ultimate flaw, from my perspective and that of the Government, namely, that they do not facilitate the lay majority and the lay chair. I agree with the points made by former Minister, Senator McDowell, about the central role and the constitutional office of the Attorney General. It is why I point to the body of the current section 10.

I did not refer to the other amendments in the group and will do so briefly.

Amendment No. 53 is identical to Dáil Report Stage amendment No. 53 in the series of amendments that the Ceann Comhairle ruled could not be moved. It is a drafting amendment consequential on the inclusion of the President of the District Court, the President of the Circuit Court and the Attorney General as members of the commission. It extends the effect of the section to the Irish Human Rights and Equality Commission member, and ensures that the provisions of section 16(7) on the payment of allowances will not apply to these members.

Amendment No. 57 comprehends the IHREC nominee relating the resignation from the commission and the filling of a casual vacancy. While it is a technical amendment, it is a necessary addition.

Amendment No. 58 is in the name of Senator Bacik and her party colleagues and is read with her earlier amendment No. 14 on the composition of the commission. Section 18 is a standard provision relating to the arrangements necessary where a member of the commission ceases to hold office. I have tabled a technical amendment to this provision to include the IHREC nominee in its scope. However, Senator Bacik's amendment is consequential on the reconfiguration of the legal and lay membership of the commission. Coming from the Senator's perspective, it seeks to replace the reference to the legal members and lay members with reference to the seven non-judicial members which have been proposed. I return to my original opposition and difficulty to the Senator's substantive amendment, and, therefore, I will not support any of the consequential amendments.

My amendments Nos. 59 and 61 correspond with Dáil Report Stage amendments Nos. 60 and 62 and a series of amendments that the Ceann Comhairle ruled could not be taken for procedural reasons only. These amendments are necessary additions to the matters addressed in section 19 dealing with disqualification and ineligibility for membership. They have the effect of including the IHREC nominee. Amendment No. 59 also applies section 19(1) to the IHREC member as well as its existing application to lay members and the legal professional members. Amendment No. 61 makes ineligible for membership of the commission a member of IHREC should specified grounds (a) to (d) under section 19(1) apply to that person. This merely extends what applies to lay members and legal professional members to the IHREC member.

Amendments Nos. 60 and 62 are proposed by Senator Bacik. I am sure the Senator will agree that these must be read with amendment No. 14 on the composition of the commission.