Judicial Appointments Commission Act 2023
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Removal of lay member of Commission | ||
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21. (1) The Government may remove a lay member from office where they are satisfied that one or more of the grounds specified in subsection (2) apply to the member and then and only then where a resolution is passed by each House of the Oireachtas calling for the removal of that member from office. | ||
(2) The grounds referred to in subsection (1) are that a lay member— | ||
(a) has become incapable through ill health of effectively performing the functions of the office, | ||
(b) has committed stated misbehaviour (other than misbehaviour which is the basis for a conviction referred to in paragraph (a) or (b) of section 20 as a result of which the member is required to cease to hold office in accordance with that section), | ||
(c) has a conflict of interest of such significance that he or she should cease to hold office, or | ||
(d) is otherwise unfit to hold office or unable to discharge the functions of the office. | ||
(3) Where the Government propose to remove a lay member under subsection (1), they shall notify the member concerned in writing of their proposal. | ||
(4) A notification under subsection (3) shall include a statement— | ||
(a) of the reasons for the proposed removal, | ||
(b) that the member may make representations to the Government, in such form and manner as may be specified by the Government, as to why the member should not be removed from office and any such representations shall be made before the expiration of— | ||
(i) a period of 30 working days from the date of the notification, or | ||
(ii) such other period as the Government may, having regard to the requirements of natural justice, specify in the notice, | ||
and | ||
(c) that where no representations are received within the period referred to in paragraph (b), the Government will, without further notice to the member, proceed with the removal of the member from office in accordance with this section. | ||
(5) In considering whether to remove a lay member from office, the Government shall take into account— | ||
(a) any representations made by the member under subsection (4)(b) within the period referred to in that subsection, and | ||
(b) any other matter the Government consider relevant for the purpose of their decision. | ||
(6) Where, having taken into account the matters referred to in subsection (5), the Government decide the lay member should be removed from office in accordance with this section, the Government shall cause notice to be given in writing to the member of the decision and the reasons for that decision. |