Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senator Norris. I go back to section 12, which places a firm obligation on the Minister to act by way of ensuring that the type of gaps referred to do not cause difficulty. The Minister, under section 12(1)(b)(i) will request the Public Appointments Service to proceed and trigger the process to facilitate a chair of the body. It would, of course, be undesirable for long periods to elapse without there being a chairperson. Not only could the obligations under section 22 not be complied with, as stated by Senator McDowell, but the body would not function adequately without a chairperson. It is not in the interest of anybody to allow long periods to elapse without there being a chairperson in place. I do not subscribe to the view that there is going to be a legal difficulty or a real problem regarding the matter of the evasion of responsibility on the part of the chair or the avoidance of obligations under the legislation. The Public Appointments Service, at the instruction of the Minister, can move pretty smartly to appoint a replacement in circumstances where this may occur.