James Browne (Wexford, Fianna Fail) | Oireachtas source

This is a proposed amendment to section 11, which deals with the power of the commission to appoint consultants and advisers and enter into contracts. The effect of the amendment would be to provide that for the stated number of years, the commission shall not appoint a person as a consultant or adviser where the person has been a Member of the Oireachtas, a Minister of the Government, an Attorney General, or the Secretary General of a Department of State.

The proposed power of the commission in section 11 has been carefully drafted to reflect a policy intention that a consultant or an adviser shall have the role of assisting the commission rather than adding to, or even replacing, it. In particular, section 11(2) provides that a consultant or adviser shall not be enabled to do anything for the purpose of the performance by the commission of the function of selection and recommendation of persons for judicial office. I am not in favour of prohibiting, for the periods of time suggested in the amendment, these former officeholders unless a compelling argument exists that such a prohibition is necessary to achieve an important objective in relation to the operation of the commission. I am not convinced that there is such a compelling argument. Accordingly, I am not in favour of the proposed amendment.