Ombudsman Act, 1980

Appointment and term of office of the Ombudsman.

2.—(1) There is hereby established the office of Ombudsman and the holder of the office shall be known as the Ombudsman.

(2) The appointment of a person to be the Ombudsman shall be made by the President upon resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

(3) A person appointed to be the Ombudsman—

(a) may at his own request be relieved of office by the President,

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal,

(c) shall in any case vacate the office on attaining the age of 67 years.

(4) Subject to the provisions of this section, a person appointed to be the Ombudsman shall hold office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.

(5) (a) Where a person who holds the office of Ombudsman is nominated either as a candidate for election to either House of the Oireachtas, the European Assembly or a local authority or as a member of Seanad Éireann or is appointed as a member of the European Assembly or a local authority, he shall thereupon cease to hold the office of Ombudsman.

(b) A person who is for the time being entitled—

(i) under the Standing Orders of either House of the Oireachtas to sit therein,

(ii) under the rules of procedure of the European Assembly to sit therein, or

(iii) under the standing orders of a local authority to sit as a member thereof,

shall, while so entitled, be disqualified for holding the office of Ombudsman.

(6) A person who holds the office of Ombudsman shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force.

(7) A person shall be not more than 61 years of age upon first being appointed to the office of Ombudsman.