Court of Appeal Act 2014

Amendment of Garda Síochána Act 2005

64. The Garda Síochána Act 2005 is amended—

(a) in section 109, by the substitution of the following subsection for subsection (2):

“(2) The Chief Justice may invite—

(a) a judge of the Supreme Court,

(b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

(c) with the consent of the President of the High Court, a judge of the High Court,

to conduct the inquiry and, if the invitation is accepted, the Chief Justice shall appoint that judge to conduct the inquiry.”,

and

(b) in Schedule 4, by the insertion of the following paragraph after paragraph 1:

“If Court of Appeal judge or former President of the Court of Appeal is appointed member of Ombudsman Commission

1A. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) If the person so appointed is a former President of the Court of Appeal, the proviso to paragraph (aa) of section 14 (1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a member of the Law Reform Commission.

(3) If the person so appointed is the President of the Court of Appeal, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D (inserted by section 19 of the Court Of Appeal Act 2014) of the Courts (Supplemental Provisions) Act 1961 .”.