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Appointments to State Boards

Dáil Éireann Debate, Thursday - 21 November 2013

Thursday, 21 November 2013

Questions (161)

Niall Collins

Question:

161. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide, in tabular form, the number of appointments to State boards under his Department's remit made since March 2011 to date in 2013; the number of vacancies in State boards under his Department's remit since March 2011 to date in 2013; the number of vacancies on State boards under his Department's remit publicly advertised since March 2011 to date in 2013; and the number of appointments to State boards under his remit drawn directly from the public advertisement process. [50017/13]

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Written answers

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.

Classification of Films Appeal Board

There are currently nine vacancies on the Classification of Films Appeal Board. Following my invitation for 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. Eighteen vacancies occurred. There have been 18* appointments, three of which were individuals nominated by myself 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

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. One case remains at present. The 9th appointee is a civil servant.

Judicial Appointments Advisory Board

Eight vacancies occurred. Eight* 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. Three of the appointments were individuals nominated by myself.

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. One appointment was made to the board of the National Disability Authority (NDA). I made the appointment after seeking expressions of interest of which I received 12 applications. This appointment was from a public applicant. The Deputy may also wish to note that the current board of the NDA is due to expire on 21 December 2013. The vacancies are for 12 ordinary members and a chairperson. On 23 October an invitation for expressions of interest was placed on my Department's website with a closing date for receipt of applications of 15 November.

Parole Board

Ten vacancies occurred. There were ten 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 my 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). I 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.

The Equality Authority

The fourteen outgoing board members of the Equality Authority accepted reappointment in September 2011 for a further term which concluded at the end of July 2012, and therefore the issues of selection did not arise. The Deputy will be aware that the Human Rights Commission and the Equality Authority are in the process of merging to form a new enhanced Irish Human Rights and Equality Authority Commission (IHREC) to promote human rights and equality issues in a more efficient, effective and coherent way. The Working Group that I established to advise me on the practical issues in relation to the establishment of a new Commission in its Report of April 2012 recommended that an independent Selection Panel be set up for the purpose of appointing the new members. 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 panel forwarded its recommendations 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 the 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 or 5 year basis to ensure that the term 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, I 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.

The Deputy may wish to note that since my previous reply to Parliamentary Question 382, which he put down for answer on 18 June 2013, both the Censorship of Publications Board and the Censorship of Publications Appeal Board have transferred to the Department of Arts, Heritage and the Gaeltacht. In addition, the Children Detention Schools Board of Management has transferred to the Department of Children and Youth Affairs.

* Includes 2 ex-officio members who were omitted from reply to Parliamentary Question No. 382 of 18 June, 2013.

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