Judicial Council Act 2019
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Nomination for appointment of lay members of panels of inquiry | ||
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66. (1) From time to time, the Government shall, from among persons in respect of whom a recommendation has been made under section 65 , nominate not fewer than 7 persons and not more than 12 persons for appointment by the Judicial Conduct Committee under section 67 (1)(b) to be lay members of panels of inquiry. | ||
(2) The Government shall, insofar as practicable and having regard to relevant experience, endeavour to ensure that not fewer than 40 per cent of persons nominated under subsection (1) are women. | ||
(3) A person shall not be eligible to be nominated under subsection (1), or appointed under section 67 , to be a lay member of a panel of inquiry— | ||
(a) if the person is a member of either House of the Oireachtas, the European Parliament or a local authority, | ||
(b) if, in the case of a person who was a member of either House of the Oireachtas, the European Parliament or a local authority and who has ceased to be such a member, a period of 5 years has not yet elapsed since he or she was a member of either such House, such Parliament or a local authority, | ||
(c) if the person is a judge or a former judge, | ||
(d) if the person is a judge or a former judge of— | ||
(i) the General Court of the European Union, | ||
(ii) the Court of Justice of the European Union, | ||
(iii) the European Court of Human Rights, | ||
(iv) the International Court of Justice, | ||
(v) the International Criminal Court, or | ||
(vi) an international tribunal, | ||
(e) if the person is an Advocate-General or a former Advocate-General of the Court of Justice of the European Union, | ||
(f) if the person is a lay member of the Judicial Conduct Committee, | ||
(g) if the person is a practising barrister or solicitor, | ||
(h) if, in the case of a person who was a practising barrister or solicitor and who has ceased to be a practising barrister or practising solicitor, a period of 5 years has not elapsed since he or she last practised as a barrister or solicitor, or | ||
(i) if the person is a civil servant. | ||
(4) If a lay member of a panel of inquiry— | ||
(a) is nominated to be a member of Seanad Éireann, | ||
(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, | ||
(d) is elected or co-opted to be a member of a local authority, | ||
(e) is appointed to be a judge of— | ||
(i) the General Court of the European Union, | ||
(ii) the Court of Justice of the European Union, | ||
(iii) the European Court of Human Rights, | ||
(iv) the International Court of Justice, | ||
(v) the International Criminal Court, or | ||
(vi) an international tribunal, | ||
(f) is appointed to be an Advocate-General of the Court of Justice of the European Union, | ||
(g) is appointed to be a member of the Judicial Conduct Committee, | ||
(h) commences practice as a barrister or solicitor, or | ||
(i) becomes a civil servant, | ||
he or she shall thereupon cease to be a lay member of the panel of inquiry. | ||
(5) A person nominated under subsection (1) may, by notice in writing given or sent to the chairperson of the Judicial Conduct Committee, indicate that he or she no longer wishes to be considered for appointment by that Committee under section 67 (1)(b) to a panel of inquiry and, upon receipt of that notice by the chairperson of that Committee, the nomination under subsection (1) in respect of that person shall cease to have effect. | ||
(6) The chairperson of the Judicial Conduct Committee shall inform the Minister of any notice received by him or her under subsection (5). |