David Norris (Independent) | Oireachtas source

The Minister did address my question very marginally towards the end of his contribution. First, I congratulate him. He is fighting a sterling battle and he does it with a certain level of grace. I was delighted by his formulation - an "engorged bureaucracy". I will certainly remember that one and bring it out on occasion when required. However, he has not resolved the situation for me. I was not talking about persons, I was talking about three distinct entities. There is quite a separation between section 11(7)(a) and section 11(7)(b). I have taken legal advice on this and I am confirmed in my view that it means that the person with whom the commission enters into contracts is exempt from the consent of the Minister and could then go on to advise and assist the commission or provide an evaluation or an assessment.

I will not go on at any great length. The Minister says they are only providing an evaluation and they are confined to this, that they are not expected to do anything else, but nobody would expect them to do anything else. Could the Minister envisage circumstances, which I think would be rare indeed, where these consultants, advisers or professional people, have advised, evaluated or assessed that an applicant is unsuitable for the job, and the commission would go against that advice? It would be quite extraordinary. If a professional body said this person is unsuitable, I think it highly unlikely that anybody would go against that, so it does seem to me that they are playing a major role here.