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Appointment to advisory panel
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40. (1) The Minister shall—
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(a) appoint an officer of the Minister not below the rank of principal officer to be the chairperson of the advisory panel, and
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(b) appoint the persons nominated under subsection (2) as ordinary members of the advisory panel, unless the Minister believes that there is a good and sufficient reason not to do so.
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(2) (a) Each of the following Ministers shall nominate an officer of that Minister not below the rank of principal officer for appointment by the Minister under subsection (1):
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(i) the Minister for Defence;
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(ii) the Minister for Finance;
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(iii) the Minister for Foreign Affairs;
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(iv) the Minister for Justice;
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(v) the Minister for the Environment, Climate and Communications;
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(vi) the Minister for Transport.
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(b) The Taoiseach shall nominate an officer of the Taoiseach not below the rank of principal officer for appointment by the Minister under subsection (1).
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(3) An appointment to the advisory panel made under this section shall, subject to this section, be subject to such terms and conditions as may be specified by the Minister.
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(4) Without prejudice to the generality of subsection (3), a person appointed by the Minister to the advisory panel under this section shall cease to be a member of the advisory panel—
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(a) in the case of the chairperson of the advisory panel, at the request of the Minister or if the chairperson ceases to be an officer of the Minister,
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(b) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(a), at the request of the Minister of the Government who nominated the member or if the member ceases to be an officer of the Minister of the Government concerned,
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(c) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(b), at the request of the Taoiseach or if the member ceases to be an officer of the Taoiseach, or
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(d) if the person is appointed as an adjudicator.
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(5) If a member of the advisory panel dies or otherwise ceases to be a member of the advisory panel—
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(a) in the case of the chairperson of the advisory panel, the Minister shall appoint an officer of the Minister not below the rank of principal officer to fill the vacancy so arising,
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(b) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(a), the Minister who nominated the member shall nominate an officer of that Minister not below the rank of principal officer to fill the vacancy so arising, and the Minister for Enterprise, Trade and Employment shall, unless there is a good and sufficient reason not to do so, appoint that person to fill the vacancy, and
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(c) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(b), the Taoiseach shall nominate an officer of the Taoiseach not below the rank of principal officer to fill the vacancy so arising, and the Minister for Enterprise, Trade and Employment shall, unless there is a good and sufficient reason not to do so, appoint that person to fill the vacancy.
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