Seanad debates
Monday, 9 July 2018
Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)
2:00 pm
David Norris (Independent) | Oireachtas source
Sections 11(7) to (10), inclusive, are extremely poorly drafted and open to great ambiguity and interpretation. Section 11(7) states, "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." Section 11(7)(a) is capable of operation without reference to section 11(7)(b). It is open to the interpretation that the commission may enter into contracts or arrangements with a person without the consent of the Minister. As the legal interpretation of "person" includes limited liability companies, the commission could enter into contracts or arrangements with a limited liability company.
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