Michael McDowell (Independent) | Oireachtas source

It is very hard to understand it. It seems there is a mandatory requirement that the procedures committee avail itself of the advice and expertise of any consultants or advisers appointed under section 11(7). The committee would even be obliged to consult persons whose role is to vet District Court applications because they are so many in number. This is in relation to the committee preparing a statement setting out the selection procedures and a statement of requisite skills and attributes, as set out in section 53(1). I do not see why there should be any obligation to consult advisers just because they have been appointed to do a different function, namely, to winnow out clearly unsuitable applications. I do not see why they should be consulted then as a matter of obligation in relation to the preparation of statements for courts. I cannot imagine what significance they might have. Consider an ordinary judge at the Supreme Court for instance. How could it be that under subsection (4), the procedures committee, in establishing procedures for appointment to the Supreme Court, is obliged 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"? I do not know why this obligation is provided for but it seems to be wrong.