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

I thank Senators Higgins, Ruane, Flynn and Black for these amendments, which relate to the membership of an coimisiún. I welcome the sentiments behind them, which relate to participation in, and wider engagement with, our electoral process, as Senator Ruane outlined. That is what this Bill, in its overarching thrust, sets out to achieve.

Amendment No. 2 relates to the gender balance among ordinary members of the commission. Section 18(5) states that when recommending to the Government persons for appointment as ordinary members of an coimisiún, the PAS "shall, in so far as practicable, endeavour to ensure that among the ordinary members of the Commission there is an equitable balance between men and women". The amendment proposes to remove the term "in so far as practicable" from this subsection. Having regard to the fact an coimisiún requires a wide range of skills and experience 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 its ability to get the requisite skills and experience on board. I note that section 18(5) accords with the provisions 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.

Amendments Nos. 3 and 4 require that the PAS, in the selection of candidates for ordinary membership of the commission, has due regard to section 42 of the Irish Human Rights and Equality Commission Act 2014, the UN Convention on the Rights of Persons with Disabilities, the desirability of the membership being broadly reflective of the diversity of Irish society and the need to ensure representation among the ordinary membership of persons to whom the Equal Status Acts 2000 to 2018 apply. The PAS is a key participant in the Government's comprehensive employment strategy for people with disabilities.This 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', CPSA, 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 CPSA. I am of the view that the obligations of PAS under section 42 of the Irish Human Rights and Equality Commission Act 2014, as it stands, are well covered in legislation and are integrated into its plans and processes. As such, I do not intend to accept this amendment.

Amendment No. 9 requires that PAS, in selecting the candidate for recommendation as chief executive of the commission, has regard to the desirability of the candidate possessing knowledge of, and experience in, electoral matters and the obligations set out under section Irish Human Rights and Equality Commission Act. These obligations include 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. In other legislative precedents, the recruitment processes and skill sets of the chief executives or equivalents of other public bodies are not set out in legislation.

Section 20 sets out the process for selection, appointment and reappointment of the chief executive. My intention in setting out this process was to ensure that while the Government makes 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 the commission’s independence from Government. At present, this section solely relates to the independent framework for the selection and appointment of the chief executive. I do not, therefore, propose to accept the amendment.