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Removal of member of Authority
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127. (1) The Government may remove a member of the Authority from office where—
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(a) they are satisfied that one or more of the grounds specified in subsection (2) apply in respect of the member, and
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(b) a resolution is passed by both Houses of the Oireachtas calling for the removal of the member from office.
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(2) The following grounds are specified for the purposes of subsection (1)(a):
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(a) the member has, without reasonable excuse, failed to discharge his or her functions;
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(b) the member has become incapable through ill health or otherwise of effectively performing his or her functions;
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(c) the member has committed stated misbehaviour;
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(d) the member has a conflict of interest of such significance that he or she should cease to hold office;
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(e) the member is otherwise unfit to hold the office or unable to discharge his or her functions.
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(3) Where the Government propose to remove a member of the Authority pursuant to subsection (1), they shall notify, or cause to be notified, the member concerned in writing of the proposal.
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(4) A notification under subsection (3) shall include—
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(a) a statement of the reasons for the proposal,
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(b) a statement that the member of the Authority concerned may, within 30 working days of the sending of the notification or such longer period as the Government may specify, make representations in such manner as may be specified in the notification to the Government as to why he or she should not be removed from office, and
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(c) a statement that, where no representations are received within the period specified under paragraph (b), the Government may, without further notice, proceed with the removal of the member of the Authority from office in accordance with this section.
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(5) The Government shall, in considering whether to remove a member of the Authority from office in accordance with this section, take into account—
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(a) any representations made in accordance with subsection (4)(b), and
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(b) any other matters that the Government consider relevant for the purposes of the decision.
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(6) Where, having taken into account the matters referred to in subsection (5), the Government decide to remove the member of the Authority from office, they shall notify that member in writing of the decision, of the reasons for it and of the intention of the Government to seek a resolution of both Houses of the Oireachtas calling for the removal of that member.
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