Ombudsman (Defence Forces) Act 2004
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Appointment of Ombudsman. |
2.—(1) There is established the office of Ombudsman for the Defence Forces and the holder of the office shall be known as the Ombudsman for the Defence Forces. | |
(2) The appointment of a person to be the Ombudsman for the Defence Forces shall be made by the President on the recommendation of the Government. | ||
(3) Subject to this Act, a person appointed under subsection (2)shall hold office on such terms and conditions as the Minister may, with the consent of the Minister for Finance, determine. | ||
(4) A person appointed to be the Ombudsman— | ||
(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 for stated misbehaviour, incapacity or bankruptcy where there is a recommendation for removal by the Government, and | ||
(c) shall, where subsection (8) applies, vacate the office on attaining the prescribed age. | ||
(5) Subject to this section, a person appointed to be the Ombudsman shall hold office for such term as may be specified in the instrument of appointment which term shall not exceed 7 years and such person may be eligible for re-appointment to the office for a second or subsequent term. | ||
(6) If the person holding the office of the Ombudsman is— | ||
(a) nominated as a member of Seanad Éireann, or | ||
(b) elected as a member of either House of the Oireachtas or to the European Parliament, or | ||
(c) regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having being elected to the European Parliament, or | ||
(d) becomes a member of a local authority, | ||
that person shall thereupon cease to hold the office of Ombudsman. | ||
(7) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified from holding the office of Ombudsman. | ||
(8) In respect of any person who is not a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) the Minister may, with the consent of the Minister for Finance, prescribe the age at which such a person shall vacate office pursuant to subsection (4)(c). | ||
(9) A person who holds the office of Ombudsman shall not be a member of the Defence Forces or a civil servant. |