Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I thank Senators for their amendments. It is important to note that these are not board positions but full-time regulators who will go through a rigorous process to ensure their suitability similar to the Data Protection Commissioner or ComReg. Amendment No. 37 amends section 11 of the Broadcasting Act 2009, as amended by section 7 of the Bill, to provide that I, as Minister, would agree the selection criteria and process to be implemented in respect of the filling of any vacancy on the commission. I believe this amendment might duplicate provisions set out in the Public Service Management (Recruitment and Appointments) Act 2004, in particular section 34, which sets out the functions of the Public Appointments Service.

Section 11(3) of the Broadcasting Acting 2009, as amended by section 7 of the Bill, provides that the chairperson and commissioners shall be appointed by me, as Minister, on the recommendation of the Public Appointments Service. One of the reasons for specifying this in the Bill is to ensure that the codes and practices, set out under the Public Service Management (Recruitment and Appointments) Act 2004, applied to the recruitment process. The recruitment and selection processes will be closely guided by the code of practice on appointments to positions in the Civil and Public Service, which set out the application of the principles of probity, merit, best practice, fairness and transparency to the recruitment of public servants. This will ensure that the process is open, transparent and fair.

My officials are working with the Public Appointments Service to develop the selection criteria for the appointment of the commissioners. I anticipate that this will involve an executive search process given the specific skillset and expertise required, which Senators have mentioned, that commissioners and particularly the online safety commissioner may require. I, as Minister, will ultimately agree the selection criteria for the post as set out in the recruitment booklet that will contain the job description and selection criteria for the role of commissioner. Given that I believe the intention set out in the amendment is already provided for in legislation, and in practice, I do not propose to accept it.

Amendments Nos. 38 and 39 describe some areas of knowledge, expertise and experience that both I, as Minister, and the Public Appointments Service shall seek to ensure that an coimisiún has. I agree that it would be desirable that commissioners would have collectively, or individually, some or all of the knowledge and expertise described in the amendments. However, while I recognise the intention of these amendments, I would be concerned that there is a danger in being overly prescriptive as to the knowledge and experience that members of the commission should have. So I am not persuaded of the merits of amendments Nos. 38 and 39 and, therefore, cannot accept them.

Amendment No. 40 would appear to duplicate provisions already in law. I understand that section 42 of the Irish Human Rights and Equality Commission Act 2014 provides that a public body shall have regard to the need to eliminate discrimination, promote equality of opportunity and protect human rights. As a public body, an coimisiún will already be subject to the provisions of that Act. I expect that an coimisiún would not only comply with section 42 of the Act but also, in accordance with the spirit of the Act, demonstrate a culture and practice of respect of human rights.

I understand that the UN Convention on the Rights of Persons with Disabilities was ratified by the State and entered into force in 2018. I will ask my officials to consult officials in the Department of Children, Equality, Disability, Integration and Youth about the status of the convention. So while I do not propose to accept amendment No. 40 today I propose to return to the matter on Report Stage.