Electoral Reform Act 2022

10

Recommendations for appointment of ordinary members of Commission

10. (1) This section shall apply in relation to the filling of a vacancy that arises in the ordinary membership of the Commission.

(2) The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as ordinary members of the Commission.

(3) The Minister shall agree with the Service the requirements relating to knowledge, ability and suitability for appointment as an ordinary member of the Commission for the purposes of a selection competition under this section.

(4) Where making recommendations of persons who are suitable for appointment as ordinary members of the Commission under this section, the Service shall have regard to the desirability of the members of the Commission possessing knowledge of, and experience in, matters connected with the following:

(a) electoral matters, including any experience or expertise gained as a former member of the Houses of the Oireachtas or a local authority;

(b) the administration of the Irish electoral system;

(c) the administration of electoral systems outside the State;

(d) public administration and governance, at a senior level;

(e) expertise in financial matters (including by virtue of membership of a recognised accountancy body);

(f) expertise in information and communications technologies and the application of such technologies in the context of elections and referendums;

(g) advertising and publicity, in particular in relation to the digital aspects of a political campaign.

(5) Where recommending to the Government persons for appointment as ordinary members of the Commission, the Service shall, in so far as practicable, endeavour to ensure that among the ordinary members of the Commission there is an equitable balance between men and women.

(6) The Service shall provide the Minister with particulars of experience, training and expertise of each person whom it recommends under this section.

(7) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Service of a particular person for appointment as an ordinary member, it shall inform the Service of that fact and the reasons for it and shall request the Service to recommend another person for appointment as an ordinary member.

(8) (a) Where the number of ordinary members of the Commission is less than 6 and the Commission considers it necessary for the effective performance of its functions, it may, with the consent of the Minister for Public Expenditure and Reform and subject to section 9(1), request the Minister to invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as additional ordinary members of the Commission.

(b) Subsections (3) to (6) shall apply in relation to the appointment of additional members under paragraph (a).