Criminal Law (Insanity) Act 2006

SCHEDULE 1

Mental Health (Criminal Law) Review Board

Section 11 .

1. The Review Board shall consist of a chairperson and such number of members as the Minister, after consultation with the Minister for Health and Children, may from time to time as the occasion requires appoint. The Review Board shall have as an ordinary member, at least one approved medical officer.

2. The chairperson shall have had not less than 10 years’ experience as a practising barrister or practising solicitor ending immediately before his or her appointment or shall be a judge of or former judge of the Circuit Court, High Court or Supreme Court.

3. The members of the Review Board shall, subject to the provisions of this Schedule, hold office upon such terms and conditions as the Minister may determine.

4. The term of office of a member of the Review Board shall be 5 years and subject to the provisions of this Schedule, he or she shall be eligible for re-appointment as such member.

5. A member of the Review Board may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.

6. A member of the Review Board may be removed from office by the Minister, after consultation with the Minister for Health and Children, for stated reasons.

7. The chairperson other than a chairperson who is a serving judge and each member of the Review Board shall be paid, out of monies provided by the Oireachtas, such remuneration (if any) and such allowances or expenses as the Minister may, with the consent of the Minister for Finance, determine.

8. If a member of the Review Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint another person to be a member of the Review Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Review Board who occasioned the vacancy and shall hold office for the remainder of the term of office for which his or her predecessor was appointed.

9. The Minister may appoint such and so many persons to be members of the staff of the Review Board as he or she considers necessary to assist the Review Board in the performance of its functions and such members of the staff of the Review Board shall hold their offices or employment on such terms and subject to such conditions and receive such remuneration as the Minister may, with the consent of the Minister for Finance, determine.

10. Members of the staff of the Review Board shall be civil servants within the meaning of the Civil Service Regulation Act 1956 .

11. The Review Board shall hold such sittings as may be necessary for the performance of its functions under this Act.

12. Every question at a sitting of the Review Board shall be determined by a majority of the votes of the members voting on the question and, in the case of an equal division of votes, the chairperson shall have a casting vote.

13. Subject to the provisions of this Schedule, the Review Board shall establish its own rules of procedure.