Ivana Bacik (Independent) | Oireachtas source

Senator Michael McDowell has raised some very significant issues. The first issue at stake involves section 22 and the accountability of the chairperson of the commision to Oireachtas committees. It struck me even before listening to Senator Michael McDowell that the section appeared to be overkill, in respect of the number of committees to which the chairperson might well be accountable. Why, for example, is the justice committee not simply specified? When I was a member of that committee, we held hearings on the judicial appointments process, at which we heard from experts and so forth. The matter was within our remit.

Section 22(8) sets out that the chairperson of the commission shall not question or express an opinion on the merits or objectives of policy. The Minister did respond to questions on a similar clause in section 21(3) related to the accountability of the director of the commission to the Committee of Public Accounts, but I did not follow why it was necessary to specify that the chairperson or director would not question or express an opinion on policy in these sections.

Turning to Senator Michael McDowell's other point on confidentiality and the information that may or may not be disclosed, it is of interest and value to hear from somebody who was involved in the process previously as Minister of Justice and Equality. The Senator's amendment, No. 70, and Government amendment No. 71 deal precisely with the issues of confidentiality and disclosure, but these are issues that are also relevant when one considers the accountability or potential accountability of the chairperson of the commission to Oireachtas committees, any number of which may require him or her to attend before them. I am interested in knowing why the Committee on Members' Interests of the Dáil and the Seanad are included. Having been a member of the Committee on Member's interests of the Seanad, I know the work it does, most of which is entirely confidential. I could not tell Members legally what goes on because I am no longer a member of it, nor am I capable of saying what is happening on it currently. Even when I was a member of it, we had to maintain utter confidentiality about its dealings. Confidentiality is relevant when we consider the accountability of the chairperson to these committees under section 22, some provisions of which require greater clarification and on which I would be grateful to hear from the Minister.