Dáil Éireann Debate, Tuesday - 14 October 2014
145. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide a list of all State board appointments made by her Department since the general election of 2011; the person who recommended each appointment; the credentials of those appointed; if the vacancy was publicly advertised; and if she will make a statement on the matter. [39285/14]
Amharc ar fhreagraThe information sought by the Deputy is set out in this reply in so far as it is available. However, I wish to advise the Deputy that it is not feasible to provide all the information sought by him in relation to appointments since March 2011 to State Boards under my remit.
In relation to the public advertising of vacancies and the credentials of those appointed, 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 PAS. 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. In relation to the person who recommended each appointment I wish to advise the Deputy that where vacancies were advertised the appointment was based on applications received and in instances where nominations were required the appointment was based on the nominations received from bodies set out in the relevant legislation. 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 that 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”.
Charities Regulatory Authority Board
Expressions of interest for appointment to the Board of the Charities Regulatory Authority were sought through the Public Appointments Service. Sixteen appointments were subsequently made to the Board of the Authority; thirteen of those appointed applied through the Public Appointments 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 forty-four applications were received. I expect to make appointments to these positions in the near future.
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. There have been twenty 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 association. The Garda Síochána Arbitration Board was reappointed on the 30 September, 2014, for the duration of period ending 30 June, 2017. Seven appointments were made to the board since March 2011.
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.
Garda Síochána Ombudsman Commission
The Commission consists of three members, a Chairman and two members. These positions were advertised through the Public Appointments Service following which 40 applications were received. Three candidates were selected by my predecessor Mr. Alan Shatter, T.D. and approved by Government as having the appropriate experience, qualifications, training and expertise for the relevant roles.
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 three Commissioners were appointed by a Government Decision on the 20 December 2011 and their term expired on 31 May 2012. In November 2012, advertisements inviting expressions of interest for the position of Chief Commissioner and of "ordinary" members appeared in the media. The fourteen Members Designate of the new Commission were selected in April 2013 in a process independent of Government and appointed initially to the Equality Authority and the Human Rights Commission on an interim basis so that the two organisations could begin to operate as a cohesive whole. Following this experience, it was decided that the Public Appointments Service (PAS) should be responsible henceforth for selection of Commissioners, including Chief Commissioner post.The Government appointed the fourteen individuals as Members Designate of the Human Rights Commission in advance of the enactment and commencement of the required legislation. On 31 May 2013 the then Minister for Justice and Equality 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.
Emily Logan was recently nominated by PAS as Chief Commissioner of the IHREC and at a Government meeting of the 23 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 passed both Houses of the Oireachtas and was signed by the President on the 27 July 2014. It is expected that Ms. Logan's formal appointment and the formal appointment of the other fourteen members designate of the new IHREC will then be made by the President following the passing of motions in both Houses of the Oireachtas.
Judicial Appointments Advisory Board
Twelve appointments were made to the Judicial Appointments Advisory Board. The Board consists of ten 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 appointments were made to this Board, nine of which were civil or public servants.
Mental Health (Criminal Law) Review Board
Five appointments were made to the Mental Health (Criminal Law) Review Board. The Chairperson should have at least 10 years experience as a practising barrister/solicitor ending immediately before his/her appointment or shall be a judge or former judge of the Circuit Court, High Court or Supreme Court. The Board should consist of one ordinary member and at least one approved medical officer. 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 appointments were made to the National Disability Authority (NDA). Appointments to the Board were made from nominations of relevant Ministers, as prescribed in the National Disability Authority Act 1999 (the Act), an elected member of the staff of the NDA (also a requirement of the Act) and respondents to publicly advertised calls for expressions of interest (in line with Government Decision S180/20/10/1424 of April 2011). The Act also stipulates that in making appointments "the Minister shall have regard to the objective that a majority of the Authority would be persons with disabilities, their representatives, families or carers, and, in the case of each member of the Authority, that he or she would have knowledge or experience, either directly or indirectly, of matters pertaining to disability or of any other subject which in the opinion of the Minister would be of assistance to the Authority in the performance of its functions". The Act also makes reference to the objective that not less than 5 women and 5 men be appointed to the Board; and to the desirability that its members would include persons from both rural and urban areas.
Parole Board
Eleven appointments 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 appointed four people on 3 April 2012. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence. The Board may consist of as many members as are necessary for the expeditious discharge of its functions. The Chairman must be a practising barrister or solicitor of at least seven years' standing.
Private Security Authority (PSA)
Eleven appointments were made to the Board, out of which seven positions were publicly advertised on the Public Appointments Service and Department of Justice and Equality websites. The remaining four positions in accordance with Section 7 of the Private Security Services Act 2004 (as amended) were nominated representatives from my own Department, the Department of Jobs, Enterprise and Innovation, An Garda Síochána and the PSA itself. Of the positions publicly advertised the legislation specifies that two members should be representatives of employers in the private security industry, two members should be representatives of employees of employers in the private security industry and one member should be a practising barrister or solicitor of not less than five years standing. Following the public advertisement process, six members, including the Chairman were appointed and one discretionary appointment was made by the then Minister.
Property Registration Authority
Eight appointments were made to the Property Registration Authority. Following an invitation to the public to submit expressions of interest, a total of 84 applications were received. Four of the eight appointments were public applicants. Of the remaining four appointments made, in accordance with the relevant legislation, one is a nominee of the Law Society, one is a nominee of the Bar Council, one is the elected Property Registration Authority staff representative, and one is an Officer of the Minister.
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.
