Barry Cowen (Laois-Offaly, Fianna Fail)
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465. To ask the Minister for Justice and Equality if she will provide in respect of State boards under her Department's remit, the number of appointments to State boards; the number of vacancies in State boards; the number of vacancies in State boards publically advertised; and the number of appointments to State boards drawn directly from the public advertisement process, in period March 2011 to 2015 to date. [23589/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The information sought by the Deputy is set out below. It was not possible to present the information in tabular format as per the Deputy's request.

In relation to the public advertising of vacancies, the Deputy 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) website. Many are advertised on the Department's website or the websites of the organisations concerned. The Deputy 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 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 Deputy 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 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”.

Censorship of Publications Board¹

Five appointments were made to the Censorship of Publications Board in March 2014. These positions were filled from applications received in response to a public advertisement process.

Censorship of Publications Appeal Board¹

The membership of the Censorship of Publications Appeal Board is currently vacant (five members). These positions will be advertised on www.stateboards.ie in due course. All of these positions will be filled from applications received in response to the public advertisement process.

Charities Regulatory Authority

In 2014, sixteen appointments were made to the Charities Regulatory Authority. All of these positions were filled from applications received in response to a public advertisement process. The Charities Regulatory Authority was established on a statutory basis on 16 October 2014.

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

All positions (nine members) on the Classification of Films Appeal Board are currently vacant. These positions were advertised on www.stateboards.ie on 29 May 2015. All of these positions will be filled from applications received in response to the public advertisement process.

Courts Service Board

The Courts Service Board has eighteen members, it is chaired by the Chief Justice and includes nine 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 one vacancies occurred. There have been thirty one appointments, six of which were individuals nominated by myself or my predecessor Mr. Alan Shatter, T.D., including two civil servants from my Department. None of the vacancies were publically advertised.

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

The Board of the Garda Síochána Complaints Board (GSCB) consists of a Chairman and eight ordinary members one of whom is nominated by the Garda Commissioner. The term of office for the Board of the GSCB is 5 years. The Board’s current term of office commenced on 8 May 2012.

Members of the Board, other than two serving public servants, are entitled to be paid remuneration. However, in line with a request from the Department of Public Expenditure and Reform the Board members have agreed to avail of the option to waive their Board fees. Accordingly, the members of the current Board have received no remuneration since their appointment to the Board.

In view of the impending dissolution of the Garda Síochána Complaints Board, the serving members of the executive Board were reappointed for a five year term or until the dissolution, whichever is the earlier. There is no requirement for Board members to appear before an Oireachtas Committee prior to appointment.

Please note that the Garda Síochána Ombudsman Commission is not a Board it is a three member Commission

Judicial Appointments Advisory Board

The Judicial Appointments Advisory Board consists of eleven members, it is chaired by the Chief Justice and includes four 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. Fourteen vacancies occurred. Thirteen appointments were made to the Judicial Appointments Advisory Board. Five of the appointments were individuals nominated by myself or my predecessor Deputy Shatter. There is currently one vacancy on the Board, which was publically advertised through the Public Appointments Service, I intend to fill this vacancy shortly.

Legal Aid Board

Sixteen vacancies occurred during the period referred to by the Deputy. Of the sixteen appointments to this Board, nine were civil or public servants. The positions were not publicly advertised.

Mental Health (Criminal Law) Review Board

Five vacancies occurred. Five appointments were made to the Mental Health (Criminal Law) Review Board. Individuals are appointed by the Minister on foot of their experience and expertise which is invaluable to the work of the Board.

National Disability Authority (NDA)

Fourteen vacancies arose on the Board of the National Disability Authority during the period referred to by the Deputy, and fourteen appointments were made to the Board. All were publicly advertised. A total of eleven appointments were drawn directly from the public advertisement process.

Parole Board

Twelve vacancies occurred when terms of appointments expired (i.e. after a term of 3 years) and twelve re/appointments were made to the Parole Board. Individuals are appointed by the Minister on foot of their experience and expertise which is invaluable to the work of the Board.

Private Security Appeal Board

The Government made 4 appointments to the Private Security Appeal Board on 3rd April, 2012. 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.

Private Security Authority (PSA)

The Private Security Authority has eleven Board members, one Chairman and ten ordinary members. The current Board was appointed in July 2013 for a four year term. All 11 positions became vacant prior to this.

Four of the Board positions are nominations from An Garda Síochána, my Department, the Department of Jobs, Enterprise and Employment and the Private Security Authority as required under the Private Security Services Act 2004 (as amended). Therefore it is only possible to advertise a maximum of seven positions. My predecessor as Minister sought Expressions of Interest for all such seven positions.

Six appointees were taken from those who had submitted an Expression of Interest.

Property Registration Authority

Ten appointments were made to the Property Registration Authority in the period referred to by the Deputy. Of these appointments, the Chairperson whose term of office expired in November 2014 was re-appointed for a further term of office. Four of these appointments related to an officer of the Minister, an elected staff representative, a nominee of the Bar Council and a nominee of the Law Society - as provided for the legislation which established the Authority. The other appointments were made from among applicants who responded to public advertisement processes.

Property Services Appeal Board

Six appointments were made to the Property Services Appeal Board in July 2012. There was a public advertisement process and all of those persons appointed were public applicants. The position of the Chairperson of the Board is currently vacant and will be advertised on www.stateboards.ie shortly.

Property Services Regulatory Authority

Eleven appointments were made to the Property Services Regulatory Authority in 2012. Of these, one was an officer of the Minister as provided for in the legislation which established the Authority. There was a public advertisement process. Nine of those appointed were public applicants. 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. Five of these appointments expired in April 2015. All of the outgoing members, one of whom was the officer of the Minister, were re-appointed for a further term of office.

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.

Ms 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.

¹ Responsibility for the Censorship of Publications Board and the Censorship of Publications Appeal Board was transferred from the Minister for Arts, Heritage and Gaeltacht to the Minister for Justice and Equality with effect from 10 March 2015 (S.I. 89/2015 refers.)