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

I will speak to amendments Nos. 19 and 20 nonetheless because they are related. Amendments Nos. 19 and 20 propose to remove section 20(6) and instead insert that the chief executive can be reappointed only once. Both approaches seek to achieve the same goal and the option put forward by the Senators was considered in the course of drafting. However, my officials and I were guided by the Office of the Parliamentary Counsel on the best form of wording and so intend to proceed with the text in the Bill.

Amendment No. 21 relates to the setting of requirements relating to knowledge, ability and suitability for appointment of the chief executive of an coimisiún for the purposes of a selection competition to fill a vacancy. The amendment proposes that these be set having regard to the areas of expertise and experience for an coimisiún’s ordinary members. I do not intend to accept this amendment for the following reasons.

First, my intention in setting out the process for the appointment and reappointment of the chief executive of the electoral commission was to ensure that although the Government would make the appointment, it has no say in who the independent selection process puts forward for appointment. I see this as a particularly important element of an coimisiún’s independence from the Government. Second, I note other legislative precedents do not specify the recruitment process for their chief executives. At present, this section solely relates to the independent structure for the selection and appointment of the chief executive and I intend for this to remain the focus of the section. Third, having regard to the difference between the roles of an coimisiún’s members and the chief executive, I do not intend to legislate to connect the selection processes for each.

Amendment No. 22 relates to section 22 of the Bill, which provides for the removal of the chief executive of an coimisiún and sets out the process for removal by an coimisiún’s membership. Having regard to the principles of natural justice, section 22(4)(b) allows for the chief executive, having received notice of the proposed removal, to make representations to an coimisiún members in response to members' written notification of the proposal to remove the chief executive from office. This amendment proposes that any representations made by the chief executive to the members under this subsection to be recorded.