Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Section 29 reflects good practice across public bodies. There is a requirement that records be kept. As far as it is concerned, it will be for the commission to determine what those records will comprise. It is regarded as proper practice for a body of this type across the public sector. Public bodies are required to keep appropriate records, including minutes of meetings and important particulars about the manner in which certain decisions are arrived at. Ultimately, the commission will determine what records it should keep. I refer the Senator to section 53(5)(g) which stipulates requirements in the matter of keeping of records, referring to "each step of the selection procedures undertaken and the retention of documentation supplied to the Commission" and the need for good standards of communication, a matter with which we dealt. They include records incorporated in section 29 that would accord with good practice across the public sector, including minutes, records of deliberations, recommendations and issues pertaining to appointments.

Section 29(b), as the Senator, rightly, points out, relates to another method by which applications and expressions of interest will be put forward for three senior positions, those of Chief Justice, President of the Court of Appeal and President of the High Court. There are issues pertaining to these appointments that may be the subject of further amendments, but at least we will have an opportunity to discuss them. Section 29(b) merely facilitates the keeping of records under section 44(1). I do not see any mystery. It is important in the context of good practice. I emphasise the importance of the keeping of records and the retention of documentation, which is standard practice across the public service and within the private sector.