Human Rights Commission Act, 2000
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Membership of Commission. |
5.—(1) The Commission shall consist of a President and eight other members. | |
(2) Of the members of the Commission, not less than 4 of them shall be men and not less than 4 of them shall be women. | ||
(3) The members of the Commission shall be appointed by the Government. | ||
(4) A person shall not be appointed to be a member of the Commission unless it appears to the Government that the person is suitably qualified for such appointment by reason of his or her possessing such relevant experience, qualifications, training or expertise as, in the opinion of the Government, is or are appropriate, having regard, in particular, to the functions conferred on the Commission by this Act. | ||
(5) A person who holds a judicial office in the Superior Courts may, without relinquishing that office, be appointed, with his or her consent, to be the President of the Commission, but, unless otherwise provided by the terms of his or her appointment, he or she shall not be required to perform his or her duties under statute as the holder of that judicial office while he or she remains the President of the Commission. | ||
(6) Where a person who holds judicial office in the Superior Courts is appointed to be the President of the Commission, the following provisions shall have effect: | ||
(a) in case on being so appointed he or she is an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one and, if the said person so appointed is a former Chief Justice, the proviso to paragraph (a) (inserted by the Courts (No. 2) Act, 1997 ) of section 14 (1) of the Law Reform Commission Act, 1975 , shall apply to him or her in respect of his or her appointment as President of the Commission to the like extent as it applies to a former Chief Justice who is appointed to be a member of the Law Reform Commission, | ||
(b) in case on being so appointed he or she is the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on so being appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one and, if the said person so appointed is a former President of the High Court, the proviso to paragraph (b) (inserted by the Courts (No. 2) Act, 1997 ) of section 14 (1) of the Law Reform Commission Act, 1975 , shall apply to him or her in respect of his or her appointment as President of the Commission to the like extent as it applies to a former President of the High Court who is appointed to be a member of the Law Reform Commission, | ||
(c) in case he or she is the President of the High Court, he or she may, for so long as he or she continues to be President of the Commission, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all the jurisdiction exercisable by the President of the High Court under section 10 (5) of the Courts (Supplemental Provisions) Act, 1961 . | ||
(7) The term of office of a member of the Commission shall be such period, not exceeding five years, as the Government may determine when appointing him or her. | ||
(8) Each member of the Commission shall hold his or her office on such terms and conditions as are determined by the Government at the time of his or her appointment, and shall be eligible for reappointment for a further term not exceeding five years. | ||
(9) The Commission may act notwithstanding any vacancy or vacancies among its members (including one or more vacancies that result in subsection (2) not being complied with). | ||
(10) The Government shall nominate the persons who, on the establishment day, are to comprise the members of the Commission. | ||
(11) On the establishment day, the persons nominated under subsection (10) shall stand appointed under this Act to be members of the Commission. | ||
(12) The Government, in making any appointments under this section, shall have regard to the need to ensure that the members of the Commission broadly reflect the nature of Irish society. |