The process put in place to select the members of the new Irish Human
Rights and Equality Commission goes substantially beyond the process
reflected in the existing Human Rights Commission Act 2000 to ensure that
those appointed are entirely independent of Government. Heretofore, the
members of the Human Rights Commission (and of the board of the Equality
Authority) were essentially appointed by the Government. In the case of
the Human Rights Commission, there was a Selection Panel involved on
previous occasions, but its role was less secure and robust than that
envisaged for the new Commission. In the past, the President of the HRC
was appointed by the Government of the day without any independent
involvement.
On this occasion, there was an extensive consultation process on the
selection process, both by the Working Group that advised me on
arrangements for the merger and by the Oireachtas Justice, Defence and
Equality Committee. The process of selecting all the members of the new
Commission (including the Chief Commissioner) independently from Government
by a Selection Panel appointed for that purpose was endorsed by the
Oireachtas Committee and the Committee expressly welcomed the appointment
of the five persons involved.
The correspondence referred to from the Deputy High Commissioner is not
legal advice; it provides preliminary comments and raises a number of
possible issues for reconsideration in the process of drafting the Bill.
As such, it is part of the ongoing consultation process in relation to the
establishment of the new Commission and the drafting of the necessary
legislation. These queries and recommendations require careful
consideration and a response and I look forward to the opportunity to
discussing these issues with her in due course.
The competence and independence individually and collectively of the
members of the Panel to undertake this task to the highest standards
required by the Paris Principles is not in doubt either in fact or in
perception. I am both surprised and disappointed that the members of the
Selection Panel should release a letter to the media only received in my
office today without affording me or my officials an opportunity to respond
to the letter nor to meet with them to clarify and discuss any matters of
concern. I have asked my officials to meet with them as early as is
possible to discuss these matters and to provide such clarifications as are
required.