Seán Fleming (Laois-Offaly, Fianna Fail)
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159. To ask the Minister for Justice and Equality the number of appointments to State boards under the remit of her Department in each year from 2011 to 2014; the number that were publicly advertised; the reason all appointments are not open to public competition. [26275/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am interpreting the Deputy’s question in a broad manner so as to provide the information which I believe he is seeking. The term State Boards is somewhat imprecise as it includes bodies with a wide and diverse range of functions many of which would not fall into the more commonly understood definition of Board which is a body with a governance oversight of an organisation. To be of assistance to the Deputy I have interpreted his question as embracing all bodies called Boards, irrespective of their functions, as well as other bodies with a governance remit whose title does not include the term “Board”.

Private Security Authority

Eleven appointments were made out of which seven positions were advertised as the remaining four positions, in accordance with the relevant legislation, are to be nominated representatives from my own Department, the Department of Jobs, Enterprise and Innovation, An Garda Síochána and the PSA itself. Following my invitation for expressions of interest, a total of 29 applications were received. Six of the seven appointments made following public advertising were drawn from the applications received.

Private Security Appeal Board

On the 3 April, 2012 the Government made the four appointments to the Private Security Appeal Board. The appointments to the Board are for a period of four years or until the attainment of the age of 70 years, whichever is the earlier.

These posts were not advertised on this occasion. This was not felt necessary given the small number of appointees sought, the low level of activity and remuneration of the Board and the need to put the Board, with continuity of experience, in place as soon as possible.

Legal Aid Board

Fifteen appointments were made to the Legal Aid Board, nine were civil or public servants.

National Disability Authority

One appointment was made to the National Disability Authority (NDA) Board in January 2011, which was a nominee of the Minister for Health as prescribed in the National Disability Authority Act 1999 and did not require public advertisement.

One appointment was made to the Board in 2013 for which expressions of interest were sought from the public.

Courts Service Board

The Board consists of 17 members, it is chaired by the Chief Justice and includes eight other judges, the CEO of the Courts Service, persons nominated by the Law Society, Bar Council and ICTU, an elected staff representative and three persons nominated by the Minister for Justice. There have been nineteen appointments to the Courts Service Board of which three were individuals nominated by my predecessor Alan Shatter, T.D., including a civil servant from my Department.

Judicial Appointments Advisory Board

The Board consists of 10 members, it is chaired by the Chief Justice and includes three other judges, the Attorney General, persons nominated by the Law Society and Bar Council and three persons nominated by the Minister for Justice and Equality. There have been nine appointments to the Judicial Appointments Advisory Board three of which were individuals nominated by my predecessor.

Mental Health (Criminal Law) Review Board

Four appointments were made to the Mental Health (Criminal Law) Review Board during the period referred to by the Deputy.

Parole Board

Thirteen appointments were made to the Parole Board in the period referred to by the Deputy. None of the positions were publicly advertised.

Charities Regulatory Authority Board

In 2014 sixteen appointments were made to the Charities Regulatory Authority (CRA) Board, and were publicly advertised. The CRA will be formally established on the 16 October, 2014.

Children Detention Schools Board of Management

One appointment was made to the Children Detention Schools Board of Management during the period in question. The position was not advertised as the appointment was made under Section 167(4)(a) of the Children Act, 2001 as amended, which requires at least one officer of the Minister. The person appointed was a civil servant.

The Deputy should note that responsibility for the Children Detention Schools Board of Management moved to the Department for Children and Youth Affairs on 1 January, 2012.

Property Registration Authority

Seven appointments were made to the Property Registration Authority in the period referred to by the Deputy. Of these, four were an officer of the Minister, a staff representative, a nominee of the Bar Council and a nominee of the Law Society, respectively. Expressions of interest were sought for the remaining positions.

Property Services Regulatory Authority

In 2012 eleven appointments were made to the Board of the Property Services Regulatory Authority. Of these, one was an appointment of the Minister. Expressions of interest were sought. 114 applications were received. Nine of those appointed were public applicants, one is a civil servant and the Chairperson, who was a member of the Property Services Regulatory Authority Implementation Team, was appointed in order to provide continuity to the Authority which had operated on a non-statutory basis for a number of years.

Property Services Appeal Board

The Government made six appointments after seeking expressions of interest of which my Department received 41 applications. Those appointed were public applicants.

Irish Human Rights and Equality Commission (IHREC)

On 8 September 2011, the Government decided to merge the Human Rights Commission and the Equality Authority to establish a new Irish Human Rights and Equality Commission to promote human rights and equality issues in a more efficient, effective and coherent way.

The 14 outgoing members of the Equality Authority accepted reappointment in September 2011 for a further term which concluded at the end of July 2012.

In the case of the Human Rights Commission three Commissioners were appointed by a Government Decision on the 20 December 2011 and their term expired on 31 May, 2012.

The Working Group established to advise on the practical issues in relation to the establishment of a new merged Commission recommended that an Independent Selection Panel be set up for the purpose of appointing new and future members of this Commission. This is in line with a fundamental requirement of the Paris Principles that the members of the IHREC be independent and that the selection process be independent of Government.

In November 2012, advertisements inviting expressions of interest for the position of Chief Commissioner and of "ordinary" member appeared in the media. The Independent Selection Panel forwarded its recommendation of fourteen names in March 2013. While the persons recommended cannot be appointed to the IHREC in advance of the required legislation being enacted and commenced, the Government has appointed fourteen individuals as member of the Human Rights Commission and subsequently they will be appointed as members of the IHREC when the legislation is enacted, on a 3 year and 5 year basis to ensure that the terms of office of all members of the new Commission will not come to an end at the same time so as to preserve institutional continuity.

On 31 May 2013, the then Minister for Justice and Equality, Mr Alan Shatter, T.D., appointed twelve of their number to the Board of the Equality Authority under the Employment Equality Act 1998, as amended, on an interim basis of 3 years, but which will otherwise expire when the Bill to establish the IHREC is enacted and commenced and the two Bodies are dissolved.

Future selection of persons to serve as members of the IHREC will be vested in the Public Appointments Service (PAS) as provided for in the IHREC Bill which is currently before the Seanad.

Garda Síochána Arbitration Board

Three appointments were made to the Garda Síochána Arbitration Board on 30 June, 2011. The positions were filled as part of an industrial relations mechanism and were not advertised. The Chair was agreed by both sides as were nominations as members of the Board by both the Employer and the Employee's side.

Garda Síochána Complaints Board

Nine appointments were made to board on 10 April, 2012. These positions were not advertised. Eight of the outgoing members were re-appointed as the Board, which has been replaced by the Garda Síochána Ombudsman Commission, only had a few outstanding cases on hands at that time. The outstanding cases have now been finalised and the necessary steps to close the Board are now being put in place. The 9th appointee is a civil servant.

Finally, I wish to advise the Deputy that expressions of interest are not sought in every case from members of the public who wish to be appointed to State Boards. Some of the reasons for this are outlined above for example, (i) no expressions of interest were sought in respect of the Garda Síochána Complaints Board who are dealing with outstanding old cases while the remainder of their work had transferred to the Garda Síochána Ombudsman Commission, (ii) some of the members appointed must be officers of the Minister for Justice and Equality (see Property Services Regulatory Authority and Courts Service Board) and (iii) the Human Rights Commission and the Equality Authority appointments were made on a temporary basis, for continuity reasons, in advance of the introduction of imminent new legislation.