Jim Higgins (Fine Gael)

It is over-restrictive and does not conform to what is supposed to be the spirit of the Bill, namely, that we are setting up a group of 11 honourable people, representatives of all sides and from both Chambers, who will decide on a whole range of issues and matters of policy, administrative or otherwise, set down in the Bill. Yet when it comes to authorising legal advice, that must be done by Seanad Éireann or Dáil Éireann.

I cannot appreciate why the independence and good sense of the commission is not to be trusted or why the Minister must insert into the Bill an amendment saying that the relevant House will have to be consulted and give the go-ahead before such legal advice, presumably coming as a recommendation from the commission, can be provided to a Member. I accept that the courts are in recess, but the legal process goes on. Solicitors, junior counsel and senior counsel continue to take instructions and be paid for that. The members should be trusted. They are being trusted on a whole range of functions, yet on a rather elementary issue, namely, whether to give legal advice to a Member of either House, one must go back, presumably for a motion to secure such sanction.