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Recommendation for appointment and appointment of lay members
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13. (1) The Minister shall, from time to time as required, request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Minister persons whom it is satisfied are suitable for appointment as lay members.
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(2) Upon receipt of a request under subsection (1), the Public Appointments Service shall undertake a selection process and, subject to subsection (3), recommend to the Minister, from among the persons who participated in the process, those persons whom it is satisfied are suitable for appointment as lay members.
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(3) The Minister shall agree with the Public Appointments Service the selection criteria and procedures applicable to a selection process under this section having regard to—
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(a) the objective that the lay members will, having regard to the functions of the Commission, amongst them possess knowledge of, and experience, qualifications, training or expertise in, the matters specified in subsection (4),
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(b) the need, in so far as possible, to ensure that recommendations made under subsection (2) should comprise an equal number of women and men and reflect the diversity of the population of the State as a whole, and
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(c) the need to ensure that a person recommended to the Minister under subsection (2) is a fit and proper person to be a lay member.
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(4) The matters referred to in subsection (3) are matters connected with—
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(a) business, finance or public service,
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(b) corporate governance and human resources (including making, or recommending persons for, senior appointments),
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(c) the courts and the operation of the justice system both in the State and in places outside the State, and
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(d) the importance of protection of human rights and equality.
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(5) Subject to subsection (6), the Minister shall appoint lay members from among the persons recommended by the Public Appointments Service under subsection (2).
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(6) The Minister shall not make an appointment under subsection (5) unless a resolution approving the appointment has been passed by each House of the Oireachtas.
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(7) The Minister may, prior to the establishment day, designate a person or persons, the subject of a recommendation under subsection (2), to be the first lay member or members of the Commission.
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(8) If, immediately before the establishment day, a person stands designated to be a first lay member under subsection (7), the person shall be taken to have been appointed as a lay member on that day.
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(9) A resolution referred to in subsection (6) shall not be required in respect of an appointment under subsection (8).
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