The row over the make-up of the Human Rights Commission originated in the profound differences between the Government and human rights campaigners about what such a body should do.
Sources close to the Government saw it as a collection of worthy and respected individuals, similar to the Law Reform Commission. Those involved in the area, however, saw it as a bulwark against possible breaches of human rights by the State itself, and therefore critical, when necessary, of the Government.
These differences were never aired in public because of the lack of public debate on the issue between the signing of the Good Friday agreement, which provided for the commission, and the enactment of the Bill setting it up over two years later, in May. However, in the brief debate in the Dail, the Taoiseach said the Irish Human Rights Commission would "set, rather than follow, standards of best international practice in this field".
This was a clear reference to the so-called Paris Principles on the setting up and functioning of national human rights institutions. They stress the need for independence from government, and to involve those whose human rights are most in danger of violation.
The Government appeared to follow these principles in appointing a selection committee to choose the eight commissioners provided for in the legislation.
The involvement of Dr T. K. Whitaker and Mr Frank Murray of the Civil Service Appointments Commission in this committee gave it access to considerable expertise in the area of public administration. The other three members, Ms Inez McCormack, Mr Martin O'Brien and Ms Mary Murphy, had been human rights campaigners for many years. A clash between the committee's and the Government's choice of commission was always likely.
The legislation specified that the commissioners should include men and women and "broadly reflect the nature of Irish society", a provision open to interpretation.
The committee interpreted it to mean a balance between urban and rural, old and young, professional/academic on the one hand and activist on the other. It was not told the commission should consider political affiliations.
With the help of civil servants from the Department of Justice, the committee drew up a lengthy and exhaustive application form for candidates.
There were no interviews. The committee took the view that it was preparing a shortlist, not recruiting people, and that it was up to the Government to make the appointments. Nor did the committee take account of information concerning any applicant that did not appear on the form. If an applicant did not mention some relevant experience or qualification, it was not considered, even if it was in the public domain.
Sources close to the selection committee say some candidates were more thorough than others on the application form. Some suitable candidates may have assumed their qualifications were obvious, but if these were not stated they would not be considered.
The eight who received the priority recommendation were:
Ms Ursula Barry, an economics lecturer in UCD; Mr Martin Collins, a Travellers' rights activist; Mr Michael Farrell, a solicitor with experience in the European Court of Human Rights and former co-chairman of the Irish Council for Civil Liberties; Ms Nuala Kelly of the Irish Commission for Prisoners Overseas; Ms Clodagh Mac Rory, a Northern Ireland lawyer; Ms Fionnuala Ni Aolain, a professor of law in the University of Ulster; Mr Gerard Quinn, a law lecturer in NUI Galway, and Mr Cearbhall O'Meara, a consultant and disability activist.
The Government was dissatisfied with this list, and nominated only Ms Ni Aolain.
Sources close to the Government have suggested the list took no account of political representativeness.
However, its rejection of seven of the eight names has provoked an angry reaction from the NGO sector, fuelled by the fact that Mr Farrell had been told he had Government support as a proposed member of the Northern Ireland Human Rights Commission.
What angers the Government's critics is that, by nominating four people not recommended by its own selection committee, the Government has breached the very procedures it said it was upholding. It has also undermined its position when the British government comes to make nominations to public bodies - such as the Policing Board - and disappointed those who hoped the Irish Human Rights Commission could be a template for similar bodies internationally.