Michael McDowell (Independent) | Oireachtas source

I move amendment No. 29:

In page 12, to delete lines 8 to 28.

This amendment proposes the deletion of subsections (7) to (10), inclusive, of section 11. It is important to examine what is proposed here and to be very clear about what we are being asked to legislate for by the Minister. Subsection (7) reads:

The Commission may as it considers necessary to assist it in the performance of its functions —

(a) enter into contracts or arrangements with any person, and

(b) with the consent of the Minister, appoint consultants or advisers.

The fact that ministerial consent is necessary means the Minister will have a veto over the consultants and advisers. We should remember this when we go on to consider what the adviser can do. Subsection (8) reads:

Any contract or arrangement with a person, or appointment of a consultant or adviser, referred to in subsection (7) may enable the person, consultant or adviser to—

(a) advise and assist the Commission in its consideration of applicants at a preliminary stage in the course of the selection procedures, and

(b) provide an evaluation or an assessment of an applicant’s suitability for appointment that would assist the Commission in making any decision in the course of carrying out those procedures,

Then comes a fantastic piece of legislative drafting gobbledygook. It continues, "but shall not enable the person, consultant or adviser, for the purpose of performance by the Commission of that function, to do any other thing (other than a thing which facilitates such performance)." One would need to be very clever to understand what that is supposed to mean.