Michael McDowell (Independent) | Oireachtas source

It is a very convoluted section. In paragraphs (a) and (b) of subsection (8), the idea is that consultants or advisers could, if the Minister consented, be appointed to advise and assist the judicial appointments commission in its consideration of applicants at a preliminary stage in the course of the selection procedures. What is the preliminary stage? We are not told, but presumably it does not mean the final choice of a recommendation and I presume it does not mean the ranking of persons recommended. The phrase, "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" means the commission can get psychologists in and retain consultant lawyers to take a look at the suitability of other lawyers. With the Minister's consent, this allows the commission to appoint lawyers to evaluate an applicant's suitability for appointment to assist the commission in making any decision in the course of carrying out those procedures. As regards the contract, however, it states that it "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)."