Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am very keen to be consistent throughout the legislation, and the object of the exercise here is to ensure that at all times the body is chaired by a lay member and that there would be a majority of non-judicial or laypersons. I see the point that the Senators have raised and say to Senator Bacik that the issue of whether the resignation or departure of a member of the commission might render the entire commission redundant was covered in section 15 which states that in any event the commission may act, notwithstanding that there may a be a vacancy or more. Section 15(7) should deal with the point raised.

As far as the very short term before the expiration of the office of the commission is concerned, the manner of appointment is under section 12(2) which states, "The Public Appointments Service shall recommend a layperson for appointment by the Minister as chairperson following a selection process". If the timeframe is very short, maybe a few weeks as described by Senator McDowell, in order that the process would be able to meet the task before it, I could perhaps consider adding the words "insofar as practicable", which might meet the very unlikely scenario of there being a very short period of time. It reminds me a little of the earlier debate when we considered the likelihood or otherwise of a member being involved in a road traffic accident or having a puncture on the way to a meeting. These are issues that are remote but, to address Senator McDowell's point, if the commission is of the view that, in order to meet, it needs a replacement for a very short time and if, having regard to the mandate of the Oireachtas and the Public Appointments Service, that timeframe is not practical, I will consider between now and Report Stage whether we can insert the words "insofar as practicable" and that might meet Senator McDowell's point.