Law Reform Commission Act, 1975

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Staff of Commission.

10.—(1) Subject to subsection (5) of this section, the Commission shall, in consultation with the Attorney General, appoint such and so many persons to be officers and servants of the Commission as the Commission, subject to the approval of the Minister for the Public Service as to the number, from time to time thinks proper.

(2) The Commission may engage a person in a part-time capacity who may be remunerated by the payment of fees of such amounts as the Commission may, with the approval of the Attorney General given with the consent of the Minister for the Public Service, from time to time determine.

(3) There shall be paid to officers of the Commission, other than officers who are members of the clerical staff of the Commission, such remuneration and allowances as the Commission, subject to the approval of the Attorney General given with the consent of the Minister for the Public Service, from time to time determines and such an officer of the Commission shall hold his employment on such other terms and conditions as the Commission, subject to such approval which shall be so given, from time to time determines.

(4) (a) The Attorney General may for the purposes of subsection (5) of this section designate any office under the Commission.

(b) The Attorney General may, if he thinks fit, cancel a designation made by him under this subsection.

(5) The Commission shall, before taking steps to fill an office to which a designation under subsection (4) of this section relates, consult the Attorney General who, if he thinks fit, may, as regards the making by the Commission of an appointment to the office, require the Commission to invite applications in a manner specified by him and to use a method so specified for the selection of candidates for appointment, and in case the Attorney General makes a requirement under this subsection, the Commission shall comply with the requirement.

(6) (a) The Civil Service Commissioners Act, 1956 , shall apply to members of the clerical staff of the Commission and for that purpose the following provisions shall apply in relation to section 3 of that Act;

(i) subsection (1) of that section shall be construed and have effect as if the following paragraph were inserted therein after paragraph (b);

“(bb) in relation to the position of member of the clerical staff of the Law Reform Commission—the Taoiseach,”, and

(ii) that section shall be construed and have effect as if the following subsection were added thereto:

“(3) Where a delegation under the Regulation Act is made by virtue of section 10 (6) of the Law Reform Commission Act, 1975, then, so long as the delegation remains in force, the following authority shall, in lieu of the Taoiseach, be, for the purposes of section 5, the appropriate authority in relation to the position of member of the clerical staff of the Law Reform Commission, namely,

(a) in case the delegation is to the Attorney General, the person who is for the time being the Attorney General, or

(b) in case the delegation is to the Law Reform Commission, the Law Reform Commission.”.

(b) Every member of the clerical staff of the Commission and every servant of the Commission shall be a civil servant in the civil service of the State.

(c) For the purpose of applying the Civil Service Regulation Acts, 1956 and 1958, to civil servants in the civil service of the State who are members of the staff of the Commission, the following provisions shall apply:

(i) section 2 (1) of the Civil Service Regulation Act, 1956 , shall be construed and have effect as if “or a member of the staff of the Law Reform Commission” were inserted after “the Attorney General” in paragraph (b), and

(ii) section 2 (2) of that Act shall be construed and have effect as if there were inserted therein after paragraph (c) the following paragraph;

“(cc) The Taoiseach may delegate to the Attorney General or to the Law Reform Commission the powers exercisable by him under this Act as the appropriate authority in relation to civil servants who are members of the staff of the Law Reform Commission, and if he does so, then so long as the delegation remains in force,

(i) those powers shall, in lieu of being exercisable by the Taoiseach, be exercisable by the person who is for the time being the Attorney General or by the Law Reform Commission, as may be appropriate, and

(ii) that person or the Law Reform Commission, as may be appropriate, shall, in lieu of the Taoiseach, be, for the purposes of this Act, the appropriate authority in relation to civil servants who are members of the staff of the Law Reform Commission, ”