David Norris (Independent) | Oireachtas source

No. I was pointing out that subsection (7)(a) appeared different to subsection (7)(b), leading to an ambiguity. Subsection (8) starts clearly by separating these three entities. It reads, "Any contract or arrangement with a person, or appointment of a consultant or adviser,". In other words, these are two distinct and separate operations. One could have a situation where the commission entered into a contract arrangement with a person. May I tell my distinguished friend and colleague, Senator Mullen, that this is not limited? It could be a psychotherapist, a company or anything because a "person" is defined as also including a limited liability company. The person, consultant or adviser may, "advise and assist the Commission in its consideration of applicants". This means that, under subsection (7)(a), the commission could enter into contracts arranged with any person, that being, any company, be it a polling company or psychological company, to advise and assist the commission and provide an evaluation. Here we are opening this up to all kinds of political interference. I take a very serious view of this provision.

Subsection (9) also appears to separate these three distinct entities. It reads, "The Commission may, out of the resources at its disposal, pay to a person, consultant or adviser". I take this to be a form of saying that the commission can pay three distinct entities. That is the implication.

Then we come to the question of what these entities are allowed to do. They can advise, assist and so on, but most sinisterly they can "provide an evaluation or an assessment of an applicant’s suitability for appointment that would assist the Commission in making any decision". It is more than assisting the commission - it is making the decision for it. Why not do away with the commission and just let the Minister appoint these consultants? That would be the easiest way around it. They are actually doing the job. They will "provide an evaluation", but that is the function of the appointments commission. People will be hired to do the commission's job.

We then encounter some glorious phraseology. I wonder whether there is a tune to which one might sing it. It would be a sean nós through the nose. The late Seosamh Ó hÉanaí could do a good job of this bit. It reads, "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)." This is wonderful. It is linguistically, verbally, stylistically and grammatically illiterate, but it carries illiteracy to a kind of supreme beauty. There is something exquisite about this. It is just so delightful. What happened to the campaign for common and accessible English? I understood there was a move in government some years ago to make things understandable by the public. Who in the name of God could understand that? What is "that function"? From where does it come? As to "any other thing", a "thing" could be anything. The last clause is glorious.