Malcolm Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 44:

In page 24, to delete line 13.

This issue is not unique to this legislation, but it is something that is being applied to quite a number of State appointments. It is the exclusion of members of local authorities from effectively applying for these jobs. As the Minister is aware, this is not about a political appointment of a Minister appointing somebody to a role. This is somebody who may be a councillor and have a specific area of expertise. They apply for the job and come through an independent and fair process but because they are a member of a local authority, they are excluded. I totally understand why all of the other categories are excluded. There are valid reasons Members of the Oireachtas are excluded. However, at a time when we are trying to encourage people to become local authority members to continue to exclude them from State boards or holding other offices, such as a member of the media commission, is wrong. I do not see where there will be a conflict of interest between somebody being a local councillor and a member of the commission. Obviously, they will not be able to pronounce on matters related to the media as a local councillor. However, as a general rule, there is nothing in this legislation that devolves any authority to any local government. There is no bar in the exclusions from somebody, for example, being an adjunct professor of media at one of our universities. Yet, simply because someone is a member of a local authority, they are being excluded. A similar provision is being provided later on, which is what amendment No. 52 applies to with regard to staff within the commission.

The Minister knows how difficult it is to try to encourage good people to run for local election, and it is becoming tougher and tougher. To continue to close off career opportunities does not make sense. I want to know the justification as to why a member of a local authority cannot apply for a staff job working at the commission, or cannot apply to become a commissioner. There could be somebody who may be a regulatory lawyer with a specific expertise who happens to be a member of a local authority and who would make a very good commissioner. Somebody who has broadcast or film production experience would also make a very good commissioner. It is not about the Minister making a political appointment, as Minister; it is about people going through the application process and qualifying on the basis of their merits.

I raised this issue with the Minister of State, Deputy Peter Burke, as the Minister of State with responsibility for local government and planning, this morning because this is being applied to legislation across the board. I would totally get it if local authorities had some kind of function in this area but they do not and will not. I will look to push this unless the Minister can give me a valid reason a local authority member should be excluded from either applying from the job of commissioner or being a member of staff.