Gerard Craughwell (Independent) | Oireachtas source

The first thing I will say about this provision is that it is almost classic of what is going on now, that is, bringing in a consultant so when one gets the decision wrong, one can blame the consultant. Let us look as section 11(7)(a), in particular. One can enter into a contract with any person. It does not tell us what the contract would be about and it is rather confusing. It states, "and with the consent of the Minister appoint consultants or advisers". My colleague, Senator McDowell, spoke about the consultants and advisers. There is huge reliance these days is placed on psychometric testing. Is that the kind of consultant we are talking about? Given the onerous task the Judiciary has, are we talking about psychologists or psychiatrists? Senator McDowell has been through these various professions. I am deeply concerned and confused by section 11(7)(a) and (b). I do not know if they go together or they do not.

Section 8 states that any contract or arrangement with a person, or appointment of a consultant or adviser referred to section 11(7) may enable the person, consultant or adviser to advise and assist the commission in its consideration of applicants at the preliminary stage. This goes back to what we were discussing earlier on. Some person is given a contract. For the sake of argument, let us say it is one of the big five, and its job is to assess applicants. We are hardly going to get the senior partners in the organisation to go through the various CVs. One assumes it will some junior person who will look through the CVs and advise the partner of the firm who in turn will advise the commission as to who is suitable and not suitable. If I am deemed unsuitable and it decides I am not to be short-listed, how am I informed? Who tells me, or am told at all? If I am told that I have not been short-listed, is there an appeals mechanism? One may not like it but people have a right to appeal decisions. Am I going to be told where I failed? How did I fail?

In the evaluation and assessment of the applicant, is there a psychometric test? How do we evaluate? Perhaps the Minister will tell me because I do not know, and am unable to figure it out from this. Whatever evaluation is put in place, the commission will then make a decision and finish up by sending a list of names on to Government. I can see no justification for any part of this. I will support this amendment, as I am one of the people proposing it. I wonder where we are going with this and, as we work our way through it, I can see it is fraught with all sorts of problems.

Section 11(7)(a) and 7(b) have me totally confused. I am not even sure why we are appointing consultants. We are putting a commission together to appoint judges and now we are appointing consultants to advise the commission. Could we not just have a Bill that would advise the Minister directly? Ministers have not done that badly down through the years. Every aspect of this is confusing and I will say no more on it at this point.