Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Whether they are persons, consultants or advisers, no arrangement can be made to pay them, unless there is ministerial consent, not only from the Minister for Justice and Equality but also from the Minister for Public Expenditure and Reform. That is not an unusual practice or procedure.

I hear Senator Michael McDowell talk about a brokerage and delegation. Nothing is to be delegated. No function is to be delegated. The assessment of the person, consultant or adviser will be subject to examination by the commission and, obviously, to submission by it. It will be tested, probed, scrutinised and then either accepted or rejected by the commission. There is no question of any decision-making being delegated to any outside body, merely the provision of advice and expertise.

The point about the Legal Services Regulatory Authority and the Policing Authority is that both bodies - Senator Michael McDowell quoted selectively from the Act - are empowered to appoint consultants and advisers. I do not recall any great objection to these provisions in that legislation, yet it seems that grave offence is being taken by Senators at the inclusion of this power that may or may not be exercised but which can be exercised by the commission if it so decides. The purpose of the section is to enable the commission to seek advice or the engagement of a consultant to ensure expertise is available. I see nothing unusual in it. However, having listened to the debate for eight hours yesterday and almost two hours today, having regard to the debate being sparked and interpretations which have been construed liberally by Senators - interpretations that were never intended - I will look at it again. If there is an absence of clarity, I will be happy to provide for it on a later Stage.

I say to Senator David Norris that the engagement of a consultant or an adviser may only occur after the consent of the Minister to obtain such advice is sought.