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Dáil Éireann díospóireacht -
Thursday, 12 Jul 1979

Vol. 315 No. 14

Ceisteanna—Questions. Oral Answers. - Examiner of Restrictive Practices.

19.

asked the Minister for Industry, Commerce and Energy the proposals, if any, to appoint an examiner of restrictive practices; when and by whom the appointment will be made; and if it is intended to make any alterations in the functions of the examiner.

Arrangements are in train to appoint an examiner of restrictive practices and I would hope to make the appointment shortly. I do not propose to make any alterations in the functions of the examiner at present. As I pointed out in reply to another question on 12 June 1979, amending legislation would be necessary if it were proposed to make any such alterations.

Do I take it that the Minister is making the appointment?

Yes. I and my predecessors have made appointments to offices such as this.

What arrangements are made in relation to the competition for this post?

What form the recruitment will take has not yet been finalised.

Can I take it that the Minister will be acting on the basis of impartial advice given by a competent body such as the Civil Service Commission in making that appointment?

I always act impartially.

Will this post be publicly advertised and will there be an interview board consisting of persons not directly interested in the matter to make the decision as to who shall be appointed?

I do not know what form of advertising will take place, but I have every confidence in those who do the interviewing to ensure——

There will be interviews.

——that the matter will be decided objectively.

By the interview board? Will it be decided impartially by the interview board and not by the Minister?

The interview board will make recommendations to me.

Upon which the Minister will act?

I am the appointing authority.

But the Minister will act on their recommendations?

As the Deputy knows, I am not bound to act on their recommendations but I generally do.

The Minister seems to be very anxious to avoid committing himself to do so. Is there any reason for that?

There is no reason. I am simply expressing the freedom of my office to accept or reject advice as seems right. The Deputy will recall occasions on which the Government of which he was a member refused to accept the advice of impartial interview boards.

I do not recall, but I am not saying there were not any.

If the Deputy has any difficulty in recalling, I can remind him.

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