Alice-Mary Higgins (Independent) | Oireachtas source

Amendments Nos. 43 to 45, inclusive, all seek to address the language in a section which I am concerned about. It states, "An tÚdarás shall comply with any directions concerning the engagement of consultants and advisers which may from time to time be given to it by the Minister". There are a number of sections in this Bill in which the Minister's powers are very wide. They are framed in a somewhat loose way. There should not be a risk in the legislation of a situation whereby a Minister is able to direct An tÚdarás with regard to the engagement of a particular consultant or adviser in relation to an issue. We have a risk of individuals who have not gone through the An tÚdarás appointment process being placed with it and potentially being given considerable power. There is a requirement for An tÚdarás to comply with any directions relating to the engagement of consultants and advisers. I have suggested three ways to address this. Amendment No. 45 removes the provision. Amendment No. 44 replaces "shall comply" with "may consider". It would be appropriate and sufficient if there was a requirement for consideration. Amendment No. 43 would delete the provision and replace it with similar language and a measure that would specify that the engagement of consultants should be subject to an appropriate, transparent process.

The intent of the policy may be for the Minister to set out rules relating to best practice and transparency in the appointment of consultants or advisers. As it is worded in the Bill, it is a wide provision that An tÚdarás has to comply with any directions concerning the engagement of consultants or advisers. There is a risk, as it is worded, that a Minister could, for example, direct An tÚdarás that it must hire a person or persons from an organisation as advisers. I have tried to address this loose wording in three different ways. I am open to clarification about appropriate, transparent processes of recruitment. While policy intent is one thing, we need to look at how the legislation is worded. This is one of a number of sections, with more important ones in the next grouping, where the wording regarding the powers of the Minister is too wide and too loose.