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Response by Minister for Justice, Equality and Defence to letter from members of the Selection Panel for the Irish Human Rights and Equality Commission

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.