35.— (1) The Commission may consider any communication issued to it by the Minister in accordance with this section (a “policy communication”), if the Commission is satisfied that doing so is consistent with its independence in the performance of its functions.

(2) The Minister may issue a policy communication if—

(a) the Minister thinks the Commission should consider the matters referred to in the communication in formulating policy relating to the performance of its functions, and

(b) the Minister is satisfied that issuing the communication is consistent with the Commission’s independence in the performance of its functions.

(3) Before issuing a policy communication, the Minister—

(a) shall give the Commission a draft of the proposed communication and the reasons for it, and

(b) shall publish the draft and the reasons with a notice specifying the period within which representations relating to the communication may be made by any person.

(4) The period specified must not be less than 21 days from the date of publication of the notice.

(5) After considering any representations made under subsection (3), the Minister may issue the policy communication with or without amendment.

(6) Before issuing a policy communication that relates to the functions of another Minister of the Government, the Minister shall consult that other Minister.

(7) The Minister shall not issue a policy communication that relates to the Commission’s performance of its functions in relation to a particular person.

(8) The Minister shall not issue a policy communication that relates to the Commission’s performance of its functions under Part 5, 6, 8 or 8B of this Act.

(9) A policy communication shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is issued.

(10) The Commission shall publish a policy communication on a website maintained by it.]