Michael McDowell (Independent) | Oireachtas source

There is no reason this provision should not be part of the Bill. There is no valid reason that somebody who was recommended in the short period prior to a similar vacancy arising could not be deemed to be suitable for appointment. Earlier, I was giving the example where there might be a shortlist consisting of one female and two males, where the Government appoints the female to fill a vacancy and where, in a short period, the commission is obliged to consider candidates for another vacancy of the same type. In that case, because of its mandate to try to seek gender balance, the commission might nominate two females and one male. One male might just be dropped from the list as a result of the commission attempting to achieve gender balance, he might just fall off the shelf, as it were, and not be further recommended. That seems contrary to the spirit of the legislation, which is that if, within a reasonably short period such as three years - which the Minister agreed is reasonable- a person is deemed suitable, why should the Government not decide, in circumstances where the previous decision between the two candidates was quite narrow and one is now gone, that it might remedy matters by appointing the person to whom, after the successful candidate, it was most favourably disposed on the previous occasion? From that perspective, I can see no harm arising from this amendment and I invite the Minister to point out any such harm if he can identify it. Given that we have altered matters to allow persons who are no longer interested to indicate this to the Government, and effectively put themselves out of the reach of the section, no harm can come from accepting the amendment but a good deal of practical benefit can certainly be derived from doing so.