David Norris (Independent) | Oireachtas source

Has the Minister had any further thought on the anomaly that I believe I correctly pointed out to him? Subsection (7) states, "enter into contracts or arrangements with any person, and", while subsection (8) states, "Any contract or arrangement with a person, or appointment of a consultant or adviser". They appear to establish three distinct identities, namely, the person, the consultant and the adviser. Subsection (8) also states, "but shall not enable the person, consultant or adviser, for the purpose of performance", while subsection (9) states, "The Commission may, out of the resources at its disposal, pay to a person, consultant or adviser referred to in subsection (7) ". They clearly seem to establish the fact that there are distinct entities. Subsection (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". It also states, "...and (b) with the consent of the Minister, appoint consultants or advisers". The provision whereby the "Commission may ... enter into contracts or arrangements with any person" can also be defined legally as encompassing a limited liability company. That is quite separate from the provision in subsection (7) which states, "with the consent of the Minister, appoint consultants or advisers". Has the Minister had time to reflect on this issue? It could lead to an evaluation in court if it is not resolved in Parliament.