[soac-mapo] GAC nomination to expert panel/Expert Panel should give recommendation

[Marilyn Cade <marilynscade@xxxxxxxxxxx>]

Perhaps a different way to think of this:  
The issue should be having a process to identify a pool of independent experts 
from different 'expertise' areas.  For instance, a highly respected legal 
jurist with a strong background in freedom of expression could be identified by 
someone from CS, or NGO, or business, or a government. That would not mean that 
jurist is identified with said 'nominator', since there should be a totally 
separate process to recruit a pool of possible panelists with wide ranging 
expertise.  It is also useful to remember that a good number of former jurists 
are of course former public prosecutors, or judges, etc, who are likely to have 
been employed by courts -- e.g. part of a governmental system. 
I think it is inappropriate to consider having any panelists who are identified 
with a stakeholder group or AC.  Expertise will allow the Panelists to be the 
kind of neutral 'jurist' type -- that is what we should seek for the panel of 
experts. 
In no way should anyone selected for a panel be chosen because they are 'from' 
a group. I am a proponent of paid advice, with due diligence of checking 
credentials, before being approved to go into the 'pool' of advisors for a 
category, and of course, agreements which set out the requirements, e.g. 
confidentiality as required, etc. 
I am therefore not so sure what the concern is about having someone, whether 
from govrernment, NGO, business identify possible panelists that might be 
recruited to the pool of panelists.
Secondly, I believe that the expert panel MUST study the application, consider 
which existing 'norms' or treaties might be useful to consider, and further 
MUST give recommendations. I am aware that I am in the minority. 


Subject: Re: [soac-mapo] GAC may nominate person for expert panel
Date: Mon, 20 Sep 2010 11:17:10 +0100
From: Mark.Carvell@xxxxxxxxxxxxxx
To: Frank.March@xxxxxxxxxxx; stuart@xxxxxxxxxx; richardtindal@xxxxxx; 
heather.dryden@xxxxxxxx
CC: soac-mapo@xxxxxxxxx








Heather

I think the proposal below may stem originally from an intervention from me to 
the group about the composition of the expert panel and my enquiry whether the 
GAC along with the other SOs and ACs would have the opportunity to nominate 
independent experts. 

Bearing in mind the Greek proposal which had proposed a role for the GAC, I 
wonder whether this merits consideration by the whole GAC? Maybe there should 
now be an opportunity for all GAC members to comment, even if as Frank says 
this particular proposal may not be a runner.

Mark




From: owner-soac-mapo@xxxxxxxxx <owner-soac-mapo@xxxxxxxxx>

To: Stuart Lawley <stuart@xxxxxxxxxx>; Richard Tindal <richardtindal@xxxxxx>

Cc: soac-mapo <soac-mapo@xxxxxxxxx>

Sent: Mon Sep 20 10:04:25 2010
Subject: RE: [soac-mapo] GAC may nominate person for expert panel




I agree with Stuart .. there is no need for this and the 
GAC is unlikely to want to do it in any case
 

----
Frank March
Senior Specialist 
Advisor
Digital Development
Energy and 
Communications Branch, Ministry of Economic 
Development
33 Bowen Street, PO Box 1473, 
WELLINGTON
Mobile: (+64) 021 
494165
 


  
  
  From: owner-soac-mapo@xxxxxxxxx 
  [mailto:owner-soac-mapo@xxxxxxxxx] On Behalf Of Stuart 
  Lawley
Sent: Monday, 20 September 2010 8:20 p.m.
To: 
  Richard Tindal
Cc: soac-mapo
Subject: Re: [soac-mapo] GAC 
  may nominate person for expert panel


  
  Absolutely no need for this.
  

Stuart Lawley
  

  Via Wireless
  

  
On Sep 19, 2010, at 9:56 PM, Richard Tindal <richardtindal@xxxxxx> 
  wrote:


  
  
    All,
    

    We've discussed this on calls and email,  and there seems to be a 
    reasonable level of support/ non-objection for it.
    

    The Recommendation would look something like this:
    

    Recommendation:    The GAC may nominate a suitably 
    qualified expert panelist.  In any situation where the GAC, or any of 
    its members, are the initiator of an objection, including any IO objection 
    triggered by the GAC,  a GAC nominated panelist shall be recused. 
     This recommendation shall in no way alter or diminish 
    the standard rules and procedures for challenging any 
    expert panelist.
    

    I wanted to get a sense of the group and potentially doodle poll this. 
        Is anyone strongly opposed to a recommendation of this 
    nature?
    

    Thanks
    

    RT
newzealand.govt.nz - connecting you to New Zealand central & local government 
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