Michael McDowell (Independent) | Oireachtas source

The Bill states, "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". It would be fine if it stopped there. The only thing it can do is set out in paragraphs (a) and (b) and it is very simple. However, after the words, "to do any other thing", the Bill adds, "(other than a thing which facilitates such performance)". If anyone asks what is the performance, it is that which facilitates the performance of the commission's functions in carrying out its selection procedures. The proviso, with the exception in brackets attached, needs to be analysed very carefully, but it seems that, if one reads the words in brackets, anything which facilitates the performance by the commission of its functions - the first line of subsection (7) - can be carried out by a contractor, a consultant or an adviser. If we arrive at that conclusion, we wonder what the text, "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", actually means. It means that the contractor, consultant or adviser cannot do any other thing in addition to what is included in paragraphs (a) and (b) if it does not assist the commission to carry out its functions, which, removing the double negative, means that the contractor, consultant or adviser can do any other thing which assists the commission in the carrying out of its functions. That means that there are functions under paragraphs (a) and (b) and the last paragraph which I call the Bletchley Park paragraph, when one examines it, that enable and clearly authorise the contractor, consultant or adviser to do anything else that will assist the commission in the carrying out of its functions.