Alice-Mary Higgins (Independent) | Oireachtas source

The vote we had was on the establishment of the chief deciding officer, which is a crucial role. I note there is also a deputy chief deciding officer. We discussed some of the issues in connection with section 10. We may well bring amendments, as the capacity and competencies are going to be key for both of those roles. Section 11 allows certain persons to be given some of the functions that are given to the chief deciding officer, and it allows "the performance by a person of a specified function of the Chief Deciding Officer". This where there is perhaps scope to address some of the concerns that we raised on sections 9 and 10. Are there going to be those capacities in terms of them being trauma informed? The Minister indicated there would be training but we do not have it in the Bill. I want to indicate the intention that we might bring forward amendments to section 11 to specify and clarify the kind of functions or specialties that might be brought in under the section, which will always be subject to the general superintendence and control of the chief deciding officer. These are ancillary supports that are allowed for in the Bill that may be given to the chief deciding officer. Where that is done, there are certain competencies and skills that may be specifically sought. I say that in the context of an amendment Senator Boyhan tabled to this section wherein he set out an external representative role that might work alongside the chief deciding officer and assist the person in that role and the deputy chief deciding officer in their functions. His amendment was ruled out of order, perhaps because of the use of the phrase "external representatives", but section 11 does allow for additional persons. Perhaps that is a way in which we might be able to address the issues.

I welcome the fact that the Minister has indicated that he recognises the importance of training in certain areas such as restorative justice and trauma, but perhaps there is an opportunity in section 11 to take on board some of the points that have been made about independence and expertise. I hope that if we bring forward amendments on Report Stage or if the Minister tables his own amendments, section 11 might be an opportunity to signal a willingness to have the particular expertise and skills brought into play in order to support the chief deciding officer, especially given the context whereby, as the Bill sets out at the moment, the chief deciding officer has to be drawn from the Minister's officers. That is something I regret, but it is what the Bill says at the moment. In that context, if those necessary skills are not there within the Minister's own officers perhaps section 11 is an opportunity to indicate that those skills will be sought elsewhere. Perhaps the Minister might indicate his thoughts in respect of that idea.