Ombudsman For Children Act, 2002
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PART 2 Ombudsman for Children | ||
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Chapter 1 Appointment, terms and conditions of office | ||
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Appointment and term of office. |
4.—(1) There is established the office of Ombudsman for Children and the holder of the office shall be known as the Ombudsman for Children. | |
(2) The appointment of a person to be the Ombudsman for Children shall be made by the President upon resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person. | ||
(3) A person appointed to be the Ombudsman for Children— | ||
(a) may at his or her own request be relieved of office by the President, | ||
(b) may be removed from office by the President but shall not be removed from office except where— | ||
(i) he or she has become incapable through ill health of effectively performing the functions of the office, | ||
(ii) he or she is adjudicated bankrupt, | ||
(iii) he or she is convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment, | ||
(iv) he or she has failed without reasonable excuse to discharge the functions of the office for a continuous period of 3 months beginning not earlier than 6 months before the day of removal, or | ||
(v) for any other stated reason, he or she should be removed, | ||
and then only upon resolution passed by Dáil Éireann and Seanad Éireann calling for his or her removal, | ||
(c) shall in any case vacate the office on attaining the age of 67 years. | ||
(4) Subject to this section, a person appointed to be the Ombudsman for Children shall hold the office of Ombudsman for Children for a term of 6 years and may be re-appointed once only to that office for a second term. | ||
(5) (a) Where a person who holds the office of Ombudsman for Children is— | ||
(i) nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas, | ||
(ii) elected to be a representative in the European Parliament or is regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to that Parliament, or | ||
(iii) becomes a member of a local authority, | ||
he or she shall thereupon cease to hold the office of Ombudsman for Children. | ||
(b) A person who is for the time being— | ||
(i) entitled under the Standing Orders of either House of the Oireachtas to sit therein, | ||
(ii) a representative in the European Parliament, or | ||
(iii) entitled under the standing orders of a local authority to sit as a member thereof, | ||
shall, while he or she is so entitled under subparagraph (i) or (iii) or is such a representative under subparagraph (ii), be disqualified for holding the office of Ombudsman for Children. | ||
(6) A person who holds the office of Ombudsman for Children shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force. |