Seanad debates

Wednesday, 26 September 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Section 21 says that the director of the commission is to be accountable to the Committee of Public Accounts. I want some indication from the Minister as to whether this is purely in relation to the existing Comptroller and Auditor General report procedure or whether it goes wider than that.

Should the responsibility of the Accounting Officer and the Committee of Public Accounts deal with the systems procedures and practices employed by the commission for the purposes of evaluating the effectiveness of its operations? That seems to be outside the scope of the Committee of Public Accounts if it is examining the effectiveness of the commission and its own evaluation of the effectiveness of its operation. It widens the ordinary scope of the Committee of Public Accounts to give it a broad remit which could involve it in somewhat controversial debate and discussion which is undesirable.

The Bill provides that, in giving evidence under this section, the director shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government, or the objectives of such a policy. I do not understand how the Committee of Public Accounts could ask questions of the director about Government policy. Either the purpose of this section is to say the director is to be an Accounting Officer, amenable, like all Accounting Officers, to the Committee of Public Accounts or it is giving the Committee of Public Accounts a broader remit to examine policy issues or engage in discussions about the systems, procedures and practices employed by the commission for the purpose of evaluating the effectiveness of its own operations. That potentially engages the director of the commission in a small-scale political debate with members of the Committee of Public Accounts. I do not know why the director should go in to defend the commission before the Committee of Public Accounts in respect of such issues. That seems to be an unusual provision. In the past 24 hours, there have been indications of the Committee of Public Accounts operating at the outer limits of the range of its function. I believe it acted properly and I am not criticising the committee. This seems to be an unnecessary provision.

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