Criminal Justice (Release of Prisoners) Act, 1998

Membership and procedure of the Commission.

5.—(1) Without prejudice to subsection (4) of this section, the Commission shall consist of a chairperson and 2 ordinary members who shall be appointed to be members of the Commission by the Minister.

(2) The chairperson of the Commission shall be a person who has practised as a barrister or solicitor for a period of 7 years prior to his or her being appointed as a member of the Commission.

(3) Of the ordinary members of the Commission—

(a) one shall be an officer of the Minister (other than an officer referred to in paragraph (b) of this subsection), and

(b) one shall be a member of the Probation and Welfare Service.

(4) Notwithstanding anything in the preceding provisions of this section, the Minister may from time to time appoint a person to be a member of the Commission for the purpose of that person acting as chairperson of the Commission in respect of business falling to be transacted by the Commission, being business in relation to which the chairperson referred to in subsection (2) of this section is of opinion he or she should not deal with, having regard to any professional advice previously given by him or her as a barrister or solicitor.

(5) A person appointed to be a member of the Commission under subsection (4) of this section shall be a person who would be eligible, on the date of his or her being so appointed, for appointment to the office of chairperson referred to in subsection (2) of this section.

(6) The members of the Commission shall hold and vacate office upon such terms and conditions as the Minister may determine.

(7) The Minister may appoint a person to be a member of the Commission for the purpose of filling a casual vacancy that may arise among its members.

(8) The Minister may at any time remove a member of the Commission from office for stated reasons.

(9) A member of the Commission may at any time resign from office by letter addressed to the Minister.

(10) The members of the Commission may be paid such remuneration and allowances for expenses, if any, incurred by them as the Minister, with the consent of the Minister for Finance, may, from time to time, determine.

(11) The Commission shall regulate the procedure and business of the Commission.