Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I was replying to amendments Nos. 32 to 45, inclusive, and had commented on amendments Nos. 32 to 35. Government amendment No. 36 is desirable. Paragraph (b) of the subsection the amendment proposes to insert is important. It fills a gap in the Bill in terms of suitability requirements for the appointment as chairperson. Certainty and clarity are required on this point because this is an important position. We cannot leave the matter up in the air.

In regard to the position of chairperson, more particularly the manner of selection of the chairperson, the strong preference of the Government is that apart from his or her independence, specific requirements that are desirable are to be stipulated in the section that underscore the special position of the chairperson. I ask for the support of the House to ensure we have a fit and proper criterion and special suitability requirements that we anticipate the chairperson would have.

I will make a brief reference to Senator Ruane's amendment No. 37. The objective of the Senator's amendment is to ensure that, in selecting lay members, we do not miss out on any one of the six areas specified. I am sympathetic to that objective. However, while the intention is to ensure at the time of any given selection that all matters in subsection (6) have coverage, overall I am keen to leave the matter to the Public Appointments Service, PAS. I do not want to be overly prescriptive. I acknowledge the importance of the Public Appointments Service and the determination of the profiles of members vis-à-visthose matters. Rather than move the process in a direction that creates a sense that each individual will perhaps come uniquely from one particular standpoint, it will be a matter for the Minister and the Oireachtas, which will have resolutions in the matter, to be satisfied with the person brought forward from the Public Appointments Service process.

Government Amendment No. 38 is a drafting amendment to correct a reference which was in some way contradictory in the Bill as passed by the Dáil. It is consequential on earlier amendments Nos. 33 and 36.

I will make a brief reference to Government amendments Nos. 41 and 42, which are minor drafting amendments that are nonetheless necessary in the context of the Bill.

Senator Craughwell spoke on amendments Nos. 44 and No. 45, which is in the name of Senator Clifford-Lee. Members will see that the intention of the amendment dealing with the lay chairperson is that the chairperson of the commission will be the Chief Justice. We have discussed this matter in detail and I will not accept the amendment. Amendment No. 45 would delete the role the Minister has under section 14 in appointing a lay person as chairperson. That would reflect the provision Senator Craughwell has incorporated and Senator Wilson proposes, on behalf of Senator Clifford-Lee, providing for the commission to elect its chairperson. This also deletes reference to the appointment of the ordinary lay members, as recommended by PAS under section 12, in favour of a reference to its nomination under section 10. The purpose of this is such that I am not in a position to accept it.