Alice-Mary Higgins (Independent) | Oireachtas source

It is important to clarify that I never used the phrase “cross-contamination”. I talked about the separation of powers, which is quite different. I have huge respect for the work that we do in the Oireachtas and the political work the Government does. It is because of that respect and recognising that it is a separate role that it is important for it to be able to be done, and have the confidence of the public that it is done in a way that is clearly separate from the other arms of the State.

I would note that this amendment is not in relation to who is eligible for judicial office, rather, it is in relation to who is eligible to become consultants, advisers or enter into contracts with and work for the commission. It is around the independent functioning of the commission. In general, there are excessive measures, particularly in terms of local authority members, most of whom cannot solely work as local authority members. Some of us are lucky enough to be able to be full-time Senators, but that is not something that is viable for many local authority members. In that context, there have been overly restrictive measures. However, in this case, it is appropriate because it is around the functioning of a commission that is appointing people. There is a situation whereby this very important function of the commission needs, by its nature, to be seen to be completely separate from Government because it gives these independent recommendations to Government. For the commission’s clarity of independent function and others, it is an appropriate period. Two years and five years are not excessive.

I regret that we have sadly seen an excessive number of very senior members of Government who have gone into roles too quickly for the public confidence. I will not mention them, but we have had situations where we have been discussing an area of legislation with a Minister and then that person goes on to represent an interest group in that area a month or two later. I do not think that is good practice. There is an onus on all of us. It is not around the individual examples. There is an onus on us to restore confidence in the public and that is why I am suggesting these safeguards.