Written answers

Tuesday, 8 July 2014

Department of Justice and Equality

Appointments to State Boards

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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630. To ask the Minister for Justice and Equality if she will provide in tabular form the number of appointments to State boards under her Department's remit made from March 2011 to date; the number of vacancies on State boards under her Department's remit from March 2011 to date; the number of vacancies on State boards under her Department's remit publically advertised from March 2011 to date; and the number of appointments to State boards under her remit drawn directly from the public advertisement process. [29195/14]

Photo of Frances FitzgeraldFrances 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”. Details of all appointments and vacancies which occurred since March 2011 are set out below along with details of those cases where expressions of interest were sought.

Charities Regulatory Authority Board

On 30 April 2014, my predecessor Alan Shatter, T.D. announced sixteen appointments to the Board of the Charities Regulatory Authority that is to be established later this year under the terms of the 2009 Charities Act. These appointments followed a selection process facilitated by the Public Appointment Service.

Children Detention Schools Board of Management

One appointment was made to the Children Detention Schools Board of Management. 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.

Classification of Films Appeal Board

There are currently nine vacancies on the Classification of Films Appeal Board. Following an invitation to the public to submit expressions of interest, a total of 44 applications were received. I expect to make appointments to these positions in the near future.

Courts Service Board

The Courts Service Board has 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. Nineteen vacancies occurred. There have been 19 appointments, three of which were individuals nominated by my predecessor Mr. Alan Shatter, T.D. including a civil servant from my Department.

Garda Síochána Arbitration Board

The Garda Síochána Arbitration Board is appointed by the Government and consists of a Chairperson, a member nominated by the representatives associations and a member nominated by the Government. The Chairperson is appointed on the nomination of the Ministers for Justice & Equality and Public Expenditure & Reform in agreement with the representative associations. Four vacancies occurred and four appointments were made to the board.

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.

Judicial Appointments Advisory Board

Twelve vacancies occurred. Eleven appointments were made to the 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. Five of the appointments were individuals nominated by myself or my predecessor Deputy Shatter.

Legal Aid Board

Fifteen vacancies occurred. Of the 15 appointments to this Board, nine were civil or public servants.

Mental Health (Criminal Law) Review Board

Four vacancies occurred. Four appointments were made to the Mental Health (Criminal Law) Review Board.

National Disability Authority (NDA)

One vacancy occurred in 2013. One appointment was made to the board of the National Disability Authority (NDA). The appointment was made after seeking expressions of interest of which my Department received 12 applications. This appointment was from a public applicant.

There are 13 current vacancies i.e. for 12 ordinary members and a chairperson. An invitation for expressions of interest was placed on my Department's website and the appointment of board members is imminent.

Parole Board

Eleven vacancies occurred. There were eleven appointments made to the Parole Board.

Private Security Appeal Board

Four vacancies occurred. The Government appointed four people on 3 April, 2012. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence.

Private Security Authority (PSA)

Eleven vacancies occurred. 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 an invitation for expressions of interest, a total of 29 applications were received. Six of the seven appointments made following public advertising were drawn for the applications received.

Property Registration Authority

Three vacancies occurred. Three appointments were made to the Property Registration Authority, of which, in accordance with the legislation, one is a nominee of the Law Society, one is a nominee of the Bar Council and the 3rd the elected Property Registration Authority staff representative.

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. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence.

Property Services Regulatory Authority

Eleven appointments were made to the Property Services Regulatory Authority (PSRA). My Department received 114 applications after seeking expressions of interest from members of the public. 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. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence.

Irish Human Rights and Equality Commission

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 (IHREC) 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 3 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" members appeared in the media. The Independent Selection Panel forwarded its recommendation of 14 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 14 individuals as members 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, my predecessor Mr Alan Shatter, T.D. appointed 12 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.

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 were 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.

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