Ivana Bacik (Independent) | Oireachtas source

Senator Michael McDowell may have answered my question. I see the point of section 15(7) which states: "The Commission may act notwithstanding one or more vacancies in its membership". I wonder how compatible that is with section 18(2) and the mandatory nature of the clause, particularly where no period is provided for. The commission may act under section 15, where procedures for it are set out. It states: "The Commission may act notwithstanding one or more vacancies in its membership", but for how long can a vacancy persist? For how long does section 15(7) operate to have a commission capable of continuing to function? Presumably, if somebody was to resign immediately after being appointed, there would be a real question mark over the functioning of the commission if the vacancy were to remain unfilled for a lengthy period and the commission was to continue to depend on or refer to section 15(7) to give it ongoing power. Should some timeframe be provided for in subsection (2) or is there some other timeframe provided for elsewhere in the many provisions of the Bill? It is interesting that the nature of the language used is clearly mandatory in section 18(2). Section 15(7) states: "The Commission may act notwithstanding one or more vacancies in its membership". However, there is no provision governing for how long a vacancy is permitted to continue before the commission stops having the capacity to function properly.