Barry Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

298. To ask the Minister for Justice and Equality if she will provide the number of appointments to State boards under her Department's remit made since March 2011 to date; the number of vacancies in State boards under her Department's remit since March 2011 to date; the number of vacancies in State boards under her Department's remit publically advertised since March 2011 to date; and the number of appointments to State boards under her remit drawn directly from the public advertisement process. [49206/14]

Niall Collins (Limerick, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

308. To ask the Minister for Justice and Equality if she will provide in tabular form all appointments made by her to State boards since taking office; the qualifications held by those persons making them appropriate for that office; and if she will make a statement on the matter. [49356/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 298 and 308 together.

The information sought by the Deputies is set out below in so far as it is available. However, I wish to advise the Deputies that it is not feasible to provide all the information sought by them in relation to appointments since March 2011 to State Boards under my remit.

In relation to the public advertising of vacancies and the qualifications of those appointed, the Deputies will be aware that there are many constraining factors which impact on the filling of vacancies to State Boards. Board vacancies are not always advertised on the Public Appointments Service (PAS). Many are advertised on the Department's website or the websites of the organisations concerned. The Deputies will also be aware that there are many cases where legislation requires that a vacancy must be filled by candidates holding certain qualifications or must be nominated by certain prescribed bodies and in such instances public advertisement of the vacancy is usually not necessary. Other than that I am not in a position to provide further information as in order to do so it would be necessary to disaggregate every single appointment made since 2011 and the resources are simply not available to undertake this task. However, to the extent possible I have provided below a narrative account of the vacancies filled since 2011 and the manner in which they were filled.

The Deputies may wish to note that 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 Deputies 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”.

Charities Regulatory Authority Board

The Charities Regulatory Authority was established on 16 October 2014. A total of sixteen appointments have been made, all of which were drawn from the public advertisement process. There are currently no vacancies.

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 Deputies 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

The terms of office of the most recent iteration of the Classification of Films Appeal Board expired in April 2013 and accordingly there are nine vacancies to be filled. I intend to fill these positions from a public advertisement process in early 2015.

Courts Service Board

The Courts Service Board has seventeen 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. Thirty vacancies occurred. There have been twenty-eight appointments, four of which were individuals nominated by myself or my predecessor Mr. Alan Shatter, T.D. including two civil servants 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 ninth appointee is a civil servant.

Judicial Appointments Advisory Board

Thirteen vacancies occurred. Twelve 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 fifteen appointments to this Board, nine were civil or public servants.

Mental Health (Criminal Law) Review Board

Five vacancies occurred. Five 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 twelve applications. This appointment was to a public applicant.

In 2014, thirteen appointments were made to the board of the National Disability Authority (NDA). Expressions of interest were publicly sought prior to these appointments being made.Of these thirteen appointments, two appointments were made from nominations of relevant Ministers, as prescribed in the National Disability Authority Act 1999, one appointment of an elected member of the staff of the NDA (also a requirement of the Act) and to respondents to the call for expressions of interest.

Parole Board

One vacancy currently exists, while eleven previous 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 twenty-nine applications were received. Seven appointments were made.

Property Registration Authority

A total of ten appointments were made from March 2011 to date, of which five were drawn from the public advertisement process. Of the remaining five appointments made, one was nominated by the Law Society, one was nominated by the Bar Council, one was an elected staff representative and one was an Officer of my Department, in accordance with the Registration of Deeds and Title Act 2006. The Chairman was re-appointed in November 2014 having regard to continuity in the ongoing work underway to effect the merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland. There is currently one vacancy, which I intend to fill shortly from the list of applicants who responded to the public advertisement process.

Property Services Appeal Board

A total of six appointments were made from March 2011 to date, all of which were drawn from the public advertisement process. There is currently one vacancy arising from the recent resignation of the Chairperson. I intend to fill this Board position from a public advertisement process in early 2015.

Property Services Regulatory Authority

A total of eleven appointments were made from March 2011 to date. Of these appointments, ten were drawn from the public advertisement process and one is an Officer of my Department in accordance with the Property Services (Regulation) Act 2011. There are currently no vacancies.

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 fourteen 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 fourteen names in March 2013. While the persons recommended could not be appointed to the IHREC in advance of the required legislation being enacted and commenced, the Government appointed fourteen individuals as members of the Human Rights Commission and subsequently they were appointed as members of the IHREC when the legislation was enacted, on a three-year and five-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 twelve of their number to the Board of the Equality Authority, under the Employment Equality Act 1998, as amended, on an interim basis of three years, but which expired when the Bill to establish the IHREC was enacted and commenced and the two Bodies were dissolved.

Emily Logan was nominated by PAS as Chief Commissioner of the IHREC and at a Government meeting on 18 July 2014 Ms. Logan was appointed on an interim basis as President of the Human Rights Commission pursuant to section 5 of the Human Rights Commission Act 2000. She was also appointed as Chair of the Equality Authority pursuant to section 41 and 42 of the Employment Equality Act 1998.

The Irish Human Rights and Equality Commission Act 2014 which passed both Houses of the Oireachtas was signed by the President on 27 July 2014. Her formal appointment and the formal appointment of the other fourteen members to the new IHREC were made by the President on the 31 October 2014 following the passing of motions in both Houses of the Oireachtas on 23 October 2014.

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 Act 2014.