Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am opposed to amendment No. 32 on the basis that the Government believes that the optimum method to independently select the lay person with the best mix and spread of skills, experience and expertise necessary to succeed in the job is through the specific selection process for the chairperson as conducted by the Public Appointments Services. We have discussed the Public Appointments Service in some detail. I am not prepared to accept the amendment.

Amendment No. 33 in my own name, which I will be moving, is identical to Dáil Report Stage amendment No. 27. Senators will be familiar with the amendments in the Dáil. There was a series of amendments which were not moved in the House. Amendment No. 33 is merely a technical drafting amendment. It is related to an amendment made on Report Stage to provide a new section 12(8) which provides a basis for the nomination of a member by the Irish Human Rights and Equality Commission, IHREC. Amendment No. 33 makes clear that references in section 12 to a lay person or lay members are references to the ordinary lay members or lay chairperson, except in section 12(8) which deals specifically with the member of the commission who will be exclusively and solely nominated by the IHREC.

Senator Craughwell's amendment No. 34 seeks to amend section 12 by removing the requirement of the Public Appointments Service to recommend a lay person for appointment by the Minister as chairperson following the selection process. We have already discussed the merits or otherwise of this set of amendments. I have made my opposition to them clear. In fact, this amendment is set against my own amendment No. 36, which addresses the reinstatement of a new section 12(4) which relates to precisely this process of selecting the lay chairperson.

I want to recognise what amendment No. 35 in the name of Senator Alice-Mary Higgins seeks to do, which is to preserve the lay chair policy. As I have already stated, the Government believes the optimum method to independently select the lay chair is through the Public Appointments Service. I am not minded to change that in any way. In any event, it seems the amendment does not fully achieve the purpose intended by the Senator since it removes and replaces the provision in section 12(2) regarding the conduct of a selection process and a recommendation by PAS but it does not seek to remove the requirement for PAS to organise the selection process for the lay chairperson as per section 12(1)(a). This would seem to suggest that PAS would have a role in the process whereby the commission selects its own lay chairperson. I am not sure if that is what is intended by the Senator's amendment. I am sure Senator Ruane can clarify that point for me. In any event, I am not willing to accept it.