Job Opportunity: Head Of Legal – (Principal Officer) with An Coimisiún Toghcháin

An Coimisiún Toghcháin is a statutory, independent body, established on 9 February 2023 with responsibility for a broad range of electoral functions set out in the Electoral Reform Act, 2022. An Coimisiún is central to Ireland’s electoral system, carrying out a range of existing electoral functions, including:

• Responsibility for the registration of political parties, and for the preparation and maintenance of the Register of Political Parties;
• The decision–making, oversight, secretariat and supporting services associated with explaining the subject matter of referendum proposals, the promotion of public awareness of referendums and encouragement of the electorate to vote at referendum polls;
• The conducting of reviews and making reports in relation to the constituencies for the election of members to the Dáil and the election of members to the European Parliament; and,
• Making reports for the Minister in relation to local electoral boundaries.

An Coimisiún is also tasked in the Electoral Reform Act, 2022 with several new electoral roles, including: 

• Preparing research programmes and conducting research on electoral policy and procedure, and providing advice, as required, to the Minister and Government;
• Promoting public awareness of, and working to increase public participation in the State’s electoral and democratic processes through education and information programmes;
• Overseeing the Electoral Register, making recommendations and setting standards in relation to its maintenance, accuracy and completeness;
• The preparation of ex–post reports on the administration of electoral events.

Also relevant to this role are the intended powers for An Coimisiún in the areas of online political advertising and online misinformation, disinformation and manipulative or inauthentic behaviour online during election campaign periods. Parts 4 and 5 of the Electoral Reform Act, 2022 which deal with these areas are currently being reviewed to ensure they are harmonised and aligned with relevant EU law including the EU Regulations on Political Advertising and the Digital Services Act. The Government has signalled that it is intended that the Part 5 powers be in place in advance of the next General Election with the EU regulations on political advertising due to come into full force in Autumn 2025. It is anticipated that the initial set of functions assigned to An Coimisiún will be expanded upon as it builds capacity and expertise.

The role

The Head of Legal will support An Coimisiún and the Chief Executive in the effective delivery of its strategic priorities and legislative mandate and will take an active role in all legal aspects of An Coimisiún’s functions. They will be responsible for establishing, developing and leading the legal function and team in line with the Electoral Reform Act, 2022 and other legislation.

Reporting to the Chief Executive, the Head of Legal will identify and proactively address legal issues of wider strategic importance and will provide sound, solution–focused legal advice and support to An Coimisiún and the Chief Executive on all aspects of An Coimisiún’s functions. Working with Human Resources, the Head of Legal will be instrumental in building and developing a small and effective legal team to serve the requirements of An Coimisiún. The Head of Legal will advise on diverse legal matters including, but not limited to, Constitutional, Electoral, Privacy and Media Law as well as Data Protection and Corporate Governance.

The scope of the role will extend to Contract, Employment and European Law and may expand as the functions of An Coimisiún develop further. They will play an important and ongoing role in advising and supporting An Coimisiún in exercising its forthcoming powers under Parts 4 and 5 of the Electoral Reform Act, both in terms of preparation, and once commenced, working closely with the Head of Supervision and Enforcement. They will also draft policy, lead on litigation and manage external legal advisors and associated budgets when required.

Key responsibilities

The Head of Legal will have responsibility for a wide range of functions including:

• Providing accurate and timely advice on Irish and European legislation;
• Providing high quality, clear and timely legal advice and support in all aspects of An Coimisiún’s functions including compliance, investigations and enforcement action;
• Liaising with the Supervision and Enforcement team to develop the necessary codes and policies while also monitoring the outcome of litigation and developing proposed corporate response and real time reaction to events;
• Providing strategic leadership and direction and pro–actively contributing to An Coimisiún realising its strategic goals and objectives by working collaboratively as part of the senior management team;
• Developing the strategy and work–plan for the Legal team; build, manage and develop capability and capacity across the team to ensure that they are focused on organisational and strategic priorities;
• Lead and/or manage civil, administrative and criminal legal proceedings concerning An Coimisiún’s legal functions;
• Advising on questions of law arising;
• Preparing draft responses to proposed legislative changes;
• Managing the sourcing of specialist legal advice and/or external legal services cost effectively and managing An Coimisiún’s relationship with external providers of legal services on an ongoing basis;
• Undertaking speaking engagements and representing An Coimisiún at events, nationally and internationally;
• Build and successfully manage complex networks and stakeholder relationships and collaborate to achieve common goals;
• Managing multiple agendas and tasks and allocating resources appropriately;
• Carrying out such other functions as may be required from time to time to fulfil the business objectives of An Coimisiún and as appropriate to the grade;
• Manage risk, Freedom of Information requests, budgets and other governance arrangements.

Please note that the above list of responsibilities is not exhaustive and is not intended to be a comprehensive list of all duties the successful applicant will be required to undertake.

The nature of the role requires flexibility in terms of duties and hours of attendance and will be subject to periodic review with the post holder.

Requirements for the role

Essential

Applicants must have on or before the closing date:

1.    Been called to the Bar of Ireland or been admitted and be currently enrolled as a Solicitor in the State, entitled to hold a Practicing Certificate issued by the Incorporated Law Society;

2.    At least five years post qualification practice and/or experience providing legal services and legal advice in a regulatory setting with a record of professional achievement;

3.    Significant senior leadership and management experience, including leading legal teams and managing resources at an appropriate scale and level;

4.    Up to date specialist legal knowledge relating to the work of An Coimisiún, including knowledge of Irish and EU legislation and the ability to effectively deploy relevant legal knowledge and skills into the context of an regulatory and investigatory body;

5.    Excellent communication, interpersonal and relationship management skills and the capacity to influence and work effectively with a complex stakeholder group in a collaborative manner;

6.    Be highly motivated, dynamic, and ambitious to deliver on demanding strategic development targets with strong personal and professional integrity;

7.    Have a strong focus on delivery and results and an ability to work in a complex environment to challenging deadlines;

8.    Have a personal commitment to meeting high quality standards, showing innovation, ability to adapt successfully to changing demands and commitment to leading and supporting teams in new ways of working.

Desirable

1. A commitment to the fundamental principles of democracy and an understanding of the environment within which An Coimisiún operates;
2. The ability to communicate effectively in Irish;
3. Specialist legal knowledge or experience relating to the work of An Coimisiún, above the essential requirements.

In addition to the above, candidates must also be able to demonstrate the Key Competencies identified for effective performance at Principal Officer (PO) level. PO is a senior leadership position in the Civil Service and the full narrative for the competencies can be found here

How to Apply

To apply for this role, candidates must submit to careers@electoralcommission.ie

1.    an up to date CV (not exceeding 3 pages) and

2.    a key achievements form and

3.    a cover letter (not exceeding 2 pages) outlining why you wish to be considered for the post and how your skills and experience meet the requirements for the position. 

Only applications fully completed and submitted will be accepted into the competition. 

Closing Date

Please note the latest receipt for applications is Thursday 24 October 2024 at 5:30pm

Incomplete applications will not be accepted. Any applications received after the closing date and time will not be considered.

An acknowledgement email will be issued for all applications received. If you do not receive acknowledgement of your application within two working days of submission, please contact aine.harty@electoralcommission.ie to ensure your application has been received.

Selection Process

The Selection Process may include the following:

• Shortlisting of candidates based on the information contained in their application;
• Initial/preliminary interview;
• Presentation or other assessment/exercise;
• A final competitive interview;
• Any other assessments or exercises that may be deemed appropriate.

For more information please check Head of Legal (Principal Officer)