Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Before I respond to the proposed amendments, I will make a general point. Throughout the course of this Bill the Government has made great efforts to ensure that, in the establishment of this commission, its core work will be on public participation and inclusion. Certainly, during the pre-legislative scrutiny phase, the range of organisations that came in, spoke about and contributed to that really important part of the process was reflective of what we are trying to achieve with the commission, which is about participation, diversity, inclusion and ensuring that the Seanad, the Dáil and our council chambers are more reflective of the people who live here. That is something we all want to achieve and I think Senators Flynn and Ruane will appreciate that. I think there is a fantastic opportunity with the establishment of the commission to achieve that. The Minister, Deputy Darragh O'Brien, and I, throughout this process, have been very clear that that is what we want to achieve from this. The core part of the commission's work will be about promotion of and participation in elections, the research element of this and education, which is a huge part of it. I give that commitment to Senators Flynn and Ruane. I know that both of them are deeply committed to the same values we all want to achieve from this. I stress that there is, I think, a great opportunity to transform our democratic system by participation and by people being included at every level. I give an assurance in that regard. I thank the Senators for tabling these amendments.

Amendments 2 and 5 seek to increase the number of ex officiomembers of an coimisiún from two to three, with the additional position occupied by the Clerk of the Seanad. Senators will be aware that the general scheme of the Electoral Reform Bill included the Clerk of the Seanad among the membership of an coimisiún. However, since the Clerk of the Seanad has a role in the administration of electoral events, acting as returning officer for Seanad elections, I am of the view, given an coimisiún toghcháin's regulatory positioning, that it is best that a separation is maintained between the administration and the regulation of electoral events. Therefore, the Clerk of the Seanad is not included in the membership of an coimisiún in the Bill, notwithstanding the experience and expertise which he or she would bring to an coimisiún. In light of this, I am not in a position to accept these amendments.

Amendment No. 3 specifies a requirement for a 50% gender balance among an coimisiún's ordinary members. The relevant section of the Bill sets out that where recommending persons for appointment as ordinary members of an coimisiún, the Public Appointments Service shall, insofar as is practicable, endeavour to ensure that among the ordinary members there is an equitable balance between men and women. Having regard to fact that an coimisiún requires a wide range of skills and experience in order to carry out a broad array of specialised functions, I do not intend to make this provision more restrictive as to do so could militate against an coimisiún's ability to get the requisite skills and experience on board. The provision in this regard is in line with those set out in section 16 of the Department of Public Expenditure and Reform's Guidelines on Appointments to State Boards, which specifies a target of at least 40% representation of each gender on State boards.Amendment No. 4 relates to section 8(3)(c) of the Bill which requires that, in nominating a chairperson for an coimisiún, the Chief Justice will consult with the President of the Court of Appeal where he or she is proposing to appoint a judge of the Court of Appeal. While I am not entirely clear on the intention of the amendment due to its wording, I am of the view that it may be aiming to remove the need for the Chief Justice to have to consult with the President of the Court of Appeal if the President of the Court of Appeal is the Chief Justice. If this is the case, I do not intend to accept the amendment. Under Article 14.2.2° of the Constitution, the role of Chief Justice is exercised by the President of the Court of Appeal. I am satisfied with the provisions as set out and I do not propose to amend them.

Amendments Nos. 6 and 8 seek to add new criteria of expertise and experience for the Public Appointments Service, PAS, to have regard to when selecting ordinary members of an coimisiún. These include expertise in the promotion of participation in either Irish or international electoral systems and expertise in matters connected with human rights and equality. While I appreciate the importance of these skill sets, I do not propose to accept this amendment for the following reasons.

First, I am of the view that some of the skills and experience set out in amendment No. 6, regarding expertise in the promotion of participation in electoral systems, are appropriately addressed through existing categories which are specified in this section under category (a) "electoral matters, including any experience or expertise gained as a former member of the Houses of the Oireachtas or a local authority" and category (f) "advertising and publicity, in particular in relation to the digital aspects of a political campaign".

Second, in respect of both amendments, I am satisfied that there are a range of avenues, in addition to an coimisiún’s ordinary members, for an coimisiún to bring on board the skill sets it may require in order to carry out its functions effectively. In this regard, section 14 provides for an coimisiún to establish committees to advise and assist it. Such committees may include external members. Section 15 empowers an coimisiún to appoint consultants and advisors, as may be required. Particular skills and experience can also be brought on board through the staffing of an coimisiún, which is addressed in section 16.

Amendment No. 9 would require the Public Appointments Service to have due regard to its obligations, under section 42 of the Irish Human Rights and Equality Commission Act 2014, to the need to eliminate discrimination, promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and protect the human rights of persons in the course of running the requisite selection competitions. PAS is a key participant in the Government’s comprehensive employment strategy for people with disabilities, which is an all-of-government approach to supporting persons with disabilities in addressing barriers and challenges that can impact on such persons entering employment and participating in selection processes.

The Commission for Public Service Appointments’ Code of Practice: Appointment of Persons with Disabilities to Positions in the Civil Service and Certain Public Bodies sets out the principles and standards to be applied in the recruitment of persons with disabilities, which are applied by PAS and are subject to audit by the Commission for Public Service Appointments, CPSA. The Public Appointments Service's obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 are well covered in legislation and are integrated into its plans and processes. As such, I do not intend to accept this amendment.