Policing, Security and Community Safety Act 2024
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Ineligibility for appointment, disqualification from office of member of Board, committee of Board or audit committee, cessation of membership, etc. | ||
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18. (1) A person shall not be eligible to be recommended for appointment or appointed as a member of the Board, a committee of the Board or the audit committee if he or she is— | ||
(a) a member of either House of the Oireachtas, | ||
(b) entitled under the rules of procedure of the European Parliament to sit in that Parliament, | ||
(c) a member of a local authority, | ||
(d) a member of garda personnel, | ||
(e) a member of the Authority, or | ||
(f) the Police Ombudsman or the Deputy Police Ombudsman. | ||
(2) A person shall be disqualified from holding and shall cease to hold office as a member of the Board, a committee of the Board or the audit committee if he or she— | ||
(a) subject to subsection (3), is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with his or her creditors, | ||
(c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, | ||
(d) is convicted of an offence involving fraud or dishonesty, | ||
(e) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or | ||
(g) is subject or is deemed to be subject to a disqualification order (within the meaning of Chapter 4 of Part 14 of the Act of 2014) whether by virtue of that Chapter or any other provision of that Act or a disqualification outside the State to like effect which corresponds to such a disqualification order. | ||
(3) A person shall be disqualified from holding office as a member of the Board, a committee of the Board or the audit committee under paragraph (a) of subsection (2) only for so long as he or she has not obtained a certificate of discharge from the bankruptcy. | ||
(4) Where a member of the Board, a committee of the Board or the audit committee is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) 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, or | ||
(d) elected or co-opted as a member of a local authority, | ||
he or she shall thereupon cease to be a member of the Board, the committee of the Board or the audit committee, as the case may be. | ||
(5) Where a member of the Board does not, for a consecutive period of 6 months, attend a meeting of the Board, he or she shall, at the end of that period, cease to be a member of the Board unless he or she demonstrates to the satisfaction of the Minister that the failure was due to ill-health or other unavoidable cause. |