Michael McDowell (Independent) | Oireachtas source

The Minister may be of the view that one of his colleagues thinks he is dragging this out but, with respect, that is not what is happening. The Minister referred to section 12 and stated that he is under a duty to request the Public Appointments Service to carry out a selection process where a vacancy arises. That is true. The Public Appointments Service, under section 12(2), is then supposed to make a recommendation to the Minister following a selection process held by it for that purpose. Then we go on to what happens and how that selection process takes place. That is provided for in section 12(4), (5) and (6). There is then an elaborate process of seeking appointments and validating appointments by virtue of eligibility and expertise. Section 12(5) requires the person to be suitable by reason of his or her standing and possessing such experience, qualifications, training or expertise as is appropriate, having regard to the function of the commission.

The people appointed are supposed to have knowledge of the operation of the courts, the provision of supports to victims of crime, human rights, equality issues or diversity among members of society, offending behaviour and the rehabilitation of offenders, or both, commerce, finance or administration, including public administration, civil society, trade union activity and academia, and professional dispute resolution and mediation activities. What is clearly envisaged is a lengthy process where advertisements are put in the newspapers and people are asked to apply for the job. Presumably, there have to be interviews. It would be very strange if we had a fast-track procedure to appoint somebody as a chairperson who then in turn does not fast-track people for appointment as judges. What happens then, if the Minister is proposing to make an appointment, is that he or she is prohibited from making that appointment unless a resolution approving the appointment has been passed by each House of the Oireachtas. The realities of that must be borne in mind. Months could pass before the resolutions are passed by each House.

This is not a matter of some odds on the chairperson getting a puncture on the way to a meeting. It is eminently foreseeable that there will be a vacancy in the office, for whatever reason. I cannot see, and the Minister has not suggested, any reason why there should not be a provision for the temporary appointment of one of the other members of the commission to be chairperson. I cannot understand why that is not there.If there is a good reason it should not be there, so be it. Let us hear it. That could be done with a resolution of both Houses if that was necessary or done on an emergency basis without such authority on the basis that if he is appointing a current Member of the Oireachtas, the Houses have vetted that person as somebody suitable to be chairperson in the event of a vacancy. However, I cannot see why the Minister will not accept that section 22 is confined to an officeholder and that if there is a vacancy, this officeholder will be asked to come in and be accountable for the general administration of the office at a time when he or she was not a member of the commission. That seems like complete non-accountability. I do not see the sense in the person who was not there when everything went wrong or when the administration fell short of what was appropriate coming in and saying he or she will be accountable but he or she knows nothing about it and that his or her predecessor should have been asked because he or she is only newly appointed.

Will the Minister at least agree that to make the section workable, at the very least there should be some provision in this Bill about who is chairperson for the purpose of the section rather than the chairperson for the casual purpose of absence of the meeting under section 15 for ensure the accountability system works? It is not too much to ask that an assurance be given by the him that provision will be made in a Report Stage amendment to provide for such a casual successor to be appointed pending the appointment of a chairperson under the elaborate scheme set out in the Bill. I do not know whether it is too late for the Minister to table amendments on Committee Stage but it could be stuck in at the end very easily. We are making steady and relentless progress with the passage of this Bill. I would like an assurance from the Minister that the office of chairperson of the commission will not stand vacant without anybody occupying it or being appointed to occupy it pending compliance with the statutory procedure. The Minister said there would be a speedy resolution. I hope there would be and I have no reason to doubt the Minister's word on that but it is clear that section 15(3)(b) envisages some other member of the commission acting as chairperson of a meeting where the position of chairperson is vacant and it is equally clear that this section does not envisage anybody functioning in that position as regards accountability to the Oireachtas in the event of such a vacancy. I cannot see any reason we should not have an assurance that this will be addressed either by a later amendment on Committee Stage or a Report Stage amendment.