The Minister for Justice, Equality and Law Reform, Mr McDowell, has been strongly criticised for ignoring a plea from the Human Rights Commission for its president to be appointed through open competition.
Mr McDowell yesterday appointed the former Fine Gael senator, Dr Maurice Manning, as president of the Commission for a five-year term.
This was despite calls from the Commission, its first president, Mr Justice Donal Barrington, the Irish Council for Civil Liberties (ICCL) and other human rights groups for the post to be advertised under transparent appointment procedures.
Mr Liam Herrick, acting director of the ICCL, said the manner of the appointment "raises questions about the Government's commitment to a fully independent Human Rights Commission". The commission was a "quasi-judicial" body, and a "cornerstone" of the Belfast Agreement, he noted. As such, "it should be independent of Government and seen to be so".
He said the ICCL would not question the independence of Dr Manning. "It's more a question of the independence of the office. In any appointment which is not open and transparent, there will always be suspicions that political influence is involved."
Echoing this view, solicitor Mr Michael Farrell, a member of the commission, said he was disappoined the Minister had ignored its appeals and had "not seen fit to consult anyone about the appointment. It shows very little respect for members of the commission that the first we hear of the appointment is through the media".
Together with the Minister's recent comments on asylum-seekers, and the introduction of trespass legislation against Travellers, Mr Farrell said the manner of the appointment also "shows a lack of understanding or concern for human rights within the Government". He noted his comments did not reflect on the standing of Dr Manning, whom he said he knew and respected.
Announcing the appointment yesterday, Mr McDowell said he wished Dr Manning well "in continuing work on the development of the Human Rights Commission in line with the Government's expectations for a dynamic and effective human rights institution in the State."
Dr Manning, a lecturer at the Department of Politics at University College Dublin, was leader of the Seanad from 1994 to 1997. He has worked overseas in the area of civil and political rights, advising newly-emergent democracies on parliamentary procedures. Among the countries in which he has worked in this regard are Namibia, Hungary and the former Soviet republic of Georgia.
More recently, he has been involved with the Ireland-Sierra Leone Friendship Society in efforts to restore democratic and human rights in that country.
In a statement from the Minister, Dr Manning was said to have been "deeply honoured" by the appointment. His ambition, the statement said, was to see the commission established on a secure basis, and realise its full independence and potential.
The Fine Gael leader, Mr Enda Kenny, welcomed the appointment, on which, he said, to the best of his knowledge, there had been no contact between his party and the Department of Justice.
Mr Kenny said Dr Manning "brings to this position an unrivalled professional experience and a deep understanding of human and political problems".
Dr Manning succeeds Judge Barringon, who will officially step down tomorrow, having tendered his resignation on health grounds. The retired judge has been praised for steering the commission through a difficult birth, when the Government chose to appoint only one of eight commissioners recommended by an independent selection committee.
