Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 19:

In page 24, line 39, after "time" to insert ", but only once".

Amendment No. 19 seeks to limit the term of the chief executive to being renewable only once. Currently, the Bill provides that the chief executive can have a five-year term and may be reappointed but not for more than ten years sequentially at a time. This amendment would look to only allowing two terms for the chief executive and no more than that.

I spoke earlier about transparency and accountability. In other positions of great public importance such as the Chief Justice, there is fixed term and a recognition that an individual should not hold onto a large amount of power for long or indefinite periods. This is true of the role of the chief executive, who may have a variety of powers delegated to him or her. One issue in respect of which I have not submitted amendments but which will be the subject of amendments on Report Stage is that covered by subsection (11), which gives the service broad powers to make recommendations because we should be naming specific qualification criteria.

Amendment No. 20 is a straight deletion amendment of the provisions regarding the length of time a person can serve as chief executive. I will withdraw the amendment as I prefer my previous amendment on the matter and will bring something similar on Report Stage.

Amendment No. 22 seeks to add to the provision that where a chief executive is proposed to be removed from office that he or she can make representations on his or her own behalf to members of the commission. My amendment would simply require that a record of any such consultations should be kept. This is important in terms of transparency around the process for a removal and I urge the Minister of State to accept the amendment.

Amendment No. 21 would insert the phrase ", having due regard to the desirability of the appointee having knowledge of, and experience in, the areas as set out" in section 9(4) of the Act. This aims to ensure that a prospective chief executive of the electoral commission would possess relevant knowledge and experience, which would assist the chief executive in the fulfilment of functions as set out under the Bill.

Amendment No. 21 is similar in spirit to amendment No. 8 in setting out the experience and knowledge that ought to be required of members of the commission. It is important that this is reflected not only in the ordinary membership but at the executive level also. As drafted, the subsection sets out that the Minister shall agree with the Public Appointments Service the requirements relating to knowledge, ability and suitability for appointment as chief executive. I am sure the Minister, in consultation with the appointments service, would set out appropriate desired criteria in a prospective chief executive but it is important we provide loose guidelines for desired requirements of an applicant in legislation to ensure that what is sought in an applicant does not change between Governments.

To my mind, it makes sense to provide that an applicant would possess relevant knowledge relating to elections, the electoral system and politics more generally but I also stress the value in a candidate for chief executive having knowledge of inequality, disadvantage, disability and human rights and equality matters, as provided for by my earlier amendment No. 8. I encourage the Minister to consider amending the Bill to include greater clarity in terms of the requirements of a prospective chief executive, as provided for with this amendment.