Dáil Éireann Debate, Thursday - 13 June 2013
131. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will outline the processes which took place to appoint the 14 commissioners designate of the Irish Human Rights and Equality Commission; if the selection panel set up for the specific purpose of independently identifying candidates has had a full role in the appointment of the chief commissioner role in the new body; and if he will make a statement on the matter. [28504/13]
Amharc ar fhreagra133. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will assure Dáil Éireann that the appointments process for commissioners designate to the new Irish Human Rights and Equality Commission has been fully consistent with existing equality legislation; if trade unions and employer authorities have had the opportunity to make nominations consistent with legislation; and if he will make a statement on the matter. [28511/13]
Amharc ar fhreagraI propose to take Questions Nos. 131 and 133 together.
As the Deputy will be aware, I submitted the General Scheme of the Bill to establish the new Irish Human Rights and Equality Commission (IHREC) to the Joint Oireachtas Committee on Justice, Equality and Defence in June 2012 for its consideration and views. I specifically asked for an early response on the proposed selection process for the members of the new Commission. The Committee recommended that the Selection Panel envisaged in the Heads should be gender-balanced and the persons on the panel should have a proven track record and expertise in the field of human rights and equality. They also suggested that a person serving on the Panel should be ineligible to become a member of the Commission whose members they are selecting. I accepted all these recommendations. Subsequently, an independent Selection Panel was appointed by me to manage the selection process and make a recommendation as to the persons to be appointed to the new Commission.
Advertisements inviting expressions of interest for the position of Chief Commissioner and of "ordinary" member appeared in the media in November 2012. The Panel forwarded its recommendations of 14 names to me in March 2013. While the persons recommended by the Selection Panel 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. These 14 persons will be appointed as members of IHREC when the legislation is enacted.
The Selection Panel reported to me that it has not proved possible to recruit a Chief Commissioner at this time. This issue requires time for reflection and consultation and I am currently considering how best to progress the appointment of a Chief Commissioner.
As I indicated in my reply to Parliamentary Question No. 170 of 9 May it is a fundamental requirement of the Paris Principles that the members of the IHREC be independent. This includes but is not limited to being independent of Government. The question of whether Commissioners should be nominated by any social partner organisation or be representative of any particular sector or NGO was expressly considered by the Working Group I established to advise me on practical issues in relation to the establishment of a new Commission. The Group recommended that members of the new Commission be selected by a process independent of the Government, serving on appointment independently in their individual capacity and that their appointments should not be made on representative or nomination basis as heretofore was the case in relation to a number of positions on the Equality Authority Board.
I accepted this recommendation and it is reflected in the General Scheme as published. The selection procedure set out in the Heads was also endorsed by the Oireachtas Committee on Justice, Defence and Equality. While I hope to be in a position to publish the Bill shortly, I am concerned at the length of time the Equality Authority has been without a board and the implications of this situation for proper corporate governance. As an immediate step, I have with the agreement of the members designate appointed 12 of them to the Board of the Equality Authority. This satisfies the requirements of section 41 of the Employment Equality Act, as amended, that the board consist of not less than 12 and not more than 16 persons, and be gender balanced.
I might also mention that the new legislation will allow IHREC to establish subcommittees of the Commission to enable representatives of a wide range of interests, including employee and employer interests, to contribute in an advisory capacity.
I am concerned that any appointments that might be made outside of the independent selection process that has recently concluded could attract adverse comment and possibly have adverse implications for the accreditation of the new Commission as an 'A' status national human rights institution. Nonetheless, I am keeping the question of social partner appointments under review in the light of progress on drafting of the Bill.
