Ivana Bacik (Independent) | Oireachtas source

Senator McDowell is right that this seems to be an unusual provision, to say the least. To state the obvious, it recalls the debate we just had about section 13 when the Minister pointed out that the chairperson of the Bar Council and the president of the Law Society would have to nominate persons to the commission in accordance with its own internal rules and procedures. It is unnecessary to state that in the statutory provisions.

Section 31 deals with the appointment of the director of the commission. We have not yet reached that but it is clear that the director will be someone appointed "following a selection process held by the Public Appointments Service" and for a period not exceeding five years. It hardly needs to be said that the director would not question or express an opinion on the merits or objectives of Government policy given the process for selection of the director and the nature of the role. It is unnecessary to make that statement, which raises the question as to why it has been inserted in the section.