Michael McDowell (Independent) | Oireachtas source

I just want to make one point and I will make it very simply. There is no reason on God's earth why there should not be a provision in this Bill saying that where there is a vacancy for the position of chairperson, the Minister may, pending the conduct of an appointment procedure under the previous section, appoint one of the other members of the commission to act as chairperson. I cannot see any reason why this could not be included. The Minister then trails this utterly irrelevant scenario that the chairperson would avail of such an arrangement to say he or she will not go before an Oireachtas committee but would instead send somebody else.

Section 22 clearly states that the chairperson must do this but if the Minister had statutory power to appoint somebody to be the chairperson in the event of the position standing vacant, this issue would not arise. Maybe there is some unseen agreement in government that it cannot be conceded that one line of this is wrong and that one amendment is appropriate and, therefore, a blindingly obvious provision, namely, that in the event of the death, resignation or removal of the chairperson, the Minister may appoint somebody to act as chairperson pending the filling of the position in accordance with sections 12 and 14, cannot be accepted. I cannot see what is wrong with such a provision. The Minister is stubbornly stonewalling us on this. He is saying that there is no problem. What is the problem with providing that if the position of chairperson is vacant, the Minister may select from among those people even if he wanted it to be a layperson? I am not trying to sneak in the Chief Justice by the back door. Even if the Minister wanted it to be from among the laity, God help us-----