James Browne (Wexford, Fianna Fail) | Oireachtas source

This is a proposed amendment to the section that deals with recommendations for the appointment of lay members. Effectively, the amendment would require the Minister for Justice in developing the selection criteria applicable to a selection process under the section to demonstrate regard to section 42 of the 2014 Act, which deals with the obligations of public bodies to eliminate discrimination to promote equality of opportunity and to protect human rights and the UN convention generally.

Section 13(3) specifies that the Minister for Justice shall agree with the PAS the selection criteria and procedures applicable to a selection process for the recommendation of persons who are suitable for appointment as lay members of the commission. The subsection specifies a number of key elements to have regard to in this task. In particular, it specifies that the recommendation should reflect the diversity of the population of the State as a whole. I am satisfied it is not necessary to enumerate other provisions of Statute law in section 13 for those other provisions to be effective with regard to the performance by the Minister for Justice of functions under the section. Accordingly, I am not in favour of the proposed amendment.