26.— (1) The Authority, subject to subsection (2) and (4), may appoint persons to be its employees and may determine their duties.

(2) Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) Subsection (2) does not apply to employees appointed under this section during the 3 months beginning on the establishment day or during a shorter period that the Minister may specify.

(4) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, shall determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and

(b) the grades of the employees of the Authority and the numbers of employees in each grade.

(5) A person is not eligible for appointment as an employee of the Authority if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament, or

(b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy.

(6) The remuneration and allowances of the Authority’s employees are payable by the Authority to the employees out of funds at the Authority’s disposal.