Policing, Security and Community Safety Act 2024
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Terms of appointment and conditions of office of Police Ombudsman and Deputy Police Ombudsman | ||
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174. (1) Subject to this Part, a person appointed under subsection (1) of section 171 as the Police Ombudsman or under subsection (2) of that section as the Deputy Police Ombudsman shall hold office for a period of 6 years. | ||
(2) Notwithstanding subsection (1), the appointment of a person under section 171 (1) as the Police Ombudsman on the nomination of the Government following his or her being recommended by the Minister under section 172 (2) shall be for such period, not exceeding 3 years, as the Minister shall determine at the time of appointment. | ||
(3) Subject to this Part, a person appointed under subsection (1) of section 171 as the Police Ombudsman or under subsection (2) of that section as the Deputy Police Ombudsman may be reappointed once only to the office concerned for a further period of 6 years. | ||
(4) Notwithstanding subsection (3), a person, appointed under section 171 (1) as the Police Ombudsman on the nomination of the Government following his or her being recommended by the Minister under section 172 (2), may be reappointed twice to the office and shall— | ||
(a) on the first such reappointment, hold office for a period of 6 years, and | ||
(b) on the second such reappointment, not hold office for periods the aggregate of which exceeds 12 years. | ||
(5) Where the Government propose nominating a person for reappointment, section 171 , other than subsections (4) to (6) of that section, shall apply to that proposal. | ||
(6) Notwithstanding subsection (8), where the Government propose nominating a person for reappointment, appointed under section 171 (1) as the Police Ombudsman on the nomination of the Government following his or her being recommended by the Minister under section 172 (2), section 171 shall apply to the proposal in relation to the first such reappointment. | ||
(7) The Police Ombudsman and the Deputy Police Ombudsman shall hold office upon such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, at the time of appointment or reappointment. | ||
(8) A person who holds the office of Police Ombudsman or Deputy Police Ombudsman may resign from the office concerned by notice in writing addressed to the President and copied to the Minister and the resignation shall take effect on the date the President receives the notice or, if a date is specified in the notice and the President agrees to that date, on that date. | ||
(9) A person who holds the office of Police Ombudsman or Deputy Police Ombudsman may be removed from office by the President, but only for stated misbehaviour or for incapacity, and then only on a resolution passed by each House of the Oireachtas calling for the removal. | ||
(10) A person shall be disqualified from holding and shall cease to hold office as the Police Ombudsman or the Deputy Police Ombudsman, if he or she 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. | ||
(11) A person who holds the office of Police Ombudsman or Deputy Police Ombudsman shall not hold any other office or employment in respect of which emoluments are payable. |