Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 14:

In page 11, after line 38, to insert the following: “(5) The Commission shall not appoint a person as a consultant or advisor where—

(a) that person is a member of the Houses of the Oireachtas, or has been a member in the preceding 2 years,

(b) that person has served as a Minister of the Government in the preceding 5 years,

(c) that person has served as Attorney General in the preceding 5 years, or

(d) that person has served as the Secretary General of a Department of State in the preceding 5 years.”.

The amendment tries to be in line with best practice and mirror the cooling-off period we have for certain other politically-sensitive activities with regard to the commission's appointing of a person as a consultant or adviser and provides that we make sure there is no possibility of a perception - let alone a reality - of any cross purposes or previous relationships influencing the giving or appointment of such a role.It is simply saying that a person will not be appointed as a consultant or adviser where that person has been a Member of the Houses of the Oireachtas in the preceding two years and, because these roles are very sensitive in particular to the work of the commission, where that person has served as the Attorney General, a Secretary General or a Minister in the five-year period prior to such an appointment. The purpose of the amendment is to ensure the independence of the judicial appointments commission and ensure that persons who may have held positions of relevant power in the Oireachtas, the Government, a Department of State or Cabinet in recent years do not have undue influence.

I note that in section 11(2) there are some provisions already there that seek to limit the role that a person appointed as a consultant may have in relation to the selection process. I welcome that there is some level of safeguard already there under section 11(2), which suggests that the consultant or adviser would not be part of the function of selection and recommendation of persons for appointment. However, this is an area where we want to illustrate the clear separation of powers and best practice would be to reflect that. I would note there is perhaps almost an excessive period later - I think it is 12 years - in terms of the requirement for a cooling-off period from having engaged in practising law. I will come to that at ten years. I think a five-year period here and a two-year period in respect of ordinary Oireachtas Members is reasonable.