Brendan Ryan (Labour)

I am not sure why the Labour Party's amendment No. 5 has been grouped with amendment No. 4, but it is not a critical matter. Section 9(4) states that "the Minister may consult with any organisations that he or she considers appropriate" when he or she is appointing a chairperson or an ordinary person under this Bill. The mind boggles at the suggestion that the Minister could make such appointments without consulting anybody. Amendment No. 5 proposes to amend section 9(4) to ensure that the Minister "shall" consult any organisations which he or she considers appropriate.

I am always intrigued by the capacity of the Office of the Chief Parliamentary Counsel to include in legislation multiple layers of discretion to ensure a Minister is not compelled to do anything. The phrase "he or she considers appropriate" gives the Minister substantial discretion to reduce or increase the number of organisations he or she consults. Not only does the Bill provide that the Minister does not have to consult a large number of organisations, but it also provides that he or she "may" consult them, rather than "shall" consult them. Therefore, the Minister can make appointments in the manner outlined in section 9(4) without consulting anybody, if he or she wishes to do so. I do not like to tie the hands of Ministers too tightly, but surely the Minister in this instance should be obliged to engage in some consultation.