The SCA notes that the Act is silent on whether the Chief Commissioner or Commissioners serve on a full-time basis. The SCA acknowledges that the Chief Commissioner serves full-time in practice, consistent with their rank being similar to that of Assistant Secretary within the Public Service. The SCA is of the view that an NHRI’s enabling law should explicitly provide that members of its decision-making body include full-time remunerated members, as this assists in ensuring stability of tenure as well as ongoing and effective fulfilment of NHRI functions. 

The SCA recommends that IHREC advocate for amendments to its enabling law to expressly provide for full-time membership. 

Section 12 (3) of the Act provides that members shall hold office for a period not exceeding five years determined by the President of Ireland, on the advice of the Government. The SCA notes that the Act is silent on the minimum period that each member may hold office, except for those persons appointed on the day of IHREC establishment. In practice, the IHREC reports that, with the exception of the first appointment, all members so far have been appointed for five-year terms. 

An appropriate minimum term of appointment is crucial in promoting the independence of the membership of the NHRI, and to ensure the continuity of its programs and services. As a proven practice, the SCA encourages that a term between three (3) and seven (7) years with the option to renew once be provided for in the NHRI’s enabling law. 

The SCA recommends IHREC to advocate for appropriate amendments to provide for a fixed minimum term of appointment for members of the Commission. 

The SCA refers to Paris Principles B.3, to its General Observations 2.1 on ‘Guarantee of tenure for members of the NHRI decision-making body.’ and 2.2 on ‘Full-time members of an NHRI