Michael McDowell (Independent) | Oireachtas source

I move amendment No. 98:

In page 34, to delete lines 25 to 28.

This amendment proposes to delete lines 25 to 28, which are now comprised in subsection (4). To put this into context, subsection (4) states: "In the preparation of the statements referred to in subsection (1), the Procedures Committee shall avail itself of the advice and expertise of any consultants or advisers appointed under section 11(7) by the Commission to assist it in the performance of its functions." This provision is very obnoxious because it is a mandatory provision which requires the procedures committee, as a matter of obligation, to avail itself of the advice and expertise of any consultants or advisers appointed under section 11(7) by the commission to assist it in the performance of its functions. Section 11(7) provides that:

(7) 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.

Section 11(8) states:

(8) Any contract or arrangement with a person, or appointment of a consultant or adviser, referred to in subsection (7) may enable the person, consultant or adviser to—(a) advise and assist the Commission in its consideration of applicants at a preliminary stage in the course of the selection procedures, and

(b) provide an evaluation or an assessment of an applicant’s suitability for appointment that would assist the Commission in making any decision in the course of carrying out those procedures, but shall not enable the person, consultant or adviser, for the purpose of performance by the Commission of that function, to do any other thing (other than a thing which facilitates such performance).

The final line is strange and we have never been able to work out what it means.