Policing, Security and Community Safety Act 2024
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Chapter 2 Appointment and functions of Police Ombudsman | ||
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Appointment of Police Ombudsman and Deputy Police Ombudsman | ||
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171. (1) The President shall, subject to this Part, appoint a person to hold office to be known as An tOmbudsman Póilíneachta or, in the English language, as the Police Ombudsman. | ||
(2) The President shall, subject to this Part, appoint a person to hold office to be known as An Leas-Ombudsman Póilíneachta or, in the English language, as the Deputy Police Ombudsman. | ||
(3) An appointment under subsection (1) and (2) shall be on— | ||
(a) the nomination of the Government, and | ||
(b) the passage of a resolution by each House of the Oireachtas recommending the appointment of the person concerned. | ||
(4) Subject to section 172 , the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for nomination as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be. | ||
(5) The Minister shall agree with the Service the selection criteria and the recruitment process that are to apply to a selection competition under this section. | ||
(6) A person shall not be recommended for nomination by the Service under this section unless the Service is satisfied that the person is suitable for appointment as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be, by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions of the Police Ombudsman or the Deputy Police Ombudsman, as the case may be, under this Act. | ||
(7) A person shall not be eligible for nomination under subsection (3)(a) or appointment under subsection (1) or (2) if he or she— | ||
(a) is a member of either House of the Oireachtas, | ||
(b) is entitled under the rules of the European Parliament to sit in that Parliament, | ||
(c) is a member of a local authority, | ||
(d) is or has been a member of garda personnel, or | ||
(e) is a member of the Authority. | ||
(8) A person who holds judicial office in a superior court or the Circuit Court may, without relinquishing that office, be appointed under subsection (1) or (2), but, unless otherwise provided by the terms of his or her appointment, he or she shall not, while appointed as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be, be required to carry out duties under statute as the holder of that judicial office. | ||
(9) Schedule 5 applies where a person who holds a judicial office referred to in subsection (8) is appointed as the Police Ombudsman or the Deputy Police Ombudsman. |