David Norris (Independent) | Oireachtas source

I would like to put this to the Minister again in simple terms. Senator McDowell has referred to a case in which material greatly to the disadvantage of members of the public was made available to newspapers by a member of the Garda. This has happened in the past. We know this is the historical reality. The case in question could not be prosecuted because it was only a summary offence. Senator McDowell has indicated clearly that he is not confining the matter to an indictable offence. He is very clearly leaving open the question of a summary approach to the Office of the Director of Public Prosecutions, which will decide on the appropriate course to take. It seems to me that section 11(7) is extraordinary. We went into this previously but I want to mention it again. Section 11(7) provides:

The Commission may as it considers necessary to assist it in the performance of its functions —(a) enter into contracts or arrangements with any person, and

(b) with the consent of the Minister, appoint consultants or advisers.

As Senator McDowell has pointed out, that leaves the "person" in section 11(7)(a) outside the scope of ministerial interdiction. The Minister will not be able to stop this "person" from getting involved, although he or she will be able to do in the case of the "consultants or advisers" referred to in section 11(7)(b). As the Minister will not have the power to interdict-----