International Protection Act 2015

62.

Membership of Tribunal

62.      (1) The Tribunal shall consist of the following members—

(a) a chairperson, who shall be appointed in a whole-time capacity,

(b) not more than 2 deputy chairpersons, who shall be appointed in a whole-time capacity, and

(c) such number of other members, appointed either in a whole-time or a part-time capacity, as the Minister, with the consent of the Minister for Public Expenditure and Reform, considers necessary for the expeditious performance of the functions of the Tribunal,

each of whom shall have had before his or her appointment the appropriate experience specified in subsection (2).

(2) The experience referred to in subsection (1) is not less than 5 years experience as a practising barrister or practising solicitor.

(3) Subject to subsection (4), the Minister shall appoint the members of the Tribunal.

(4) Subject to subsections (8) and (15), the Minister shall not appoint a member of the Tribunal unless the Public Appointments Service, after holding a competition under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004, has selected him or her for appointment to the position.

(5) Subsection (4) shall not apply to the reappointment of a member, in accordance with subsection (7), for a second term.

(6) (a) Each member of the Tribunal appointed in a part-time capacity shall hold office under a contract for services in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(b) The chairperson of the Tribunal and each member of the Tribunal appointed in a whole-time capacity, shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(7) The term of office of the members of the Tribunal shall be as follows:

(a) the term of office of the chairperson shall be 5 years and a chairperson may be reappointed to the office for a second term not exceeding 5 years;

(b) the term of office of a deputy chairperson shall be 5 years and a deputy chairperson may be reappointed to the office for a second term not exceeding 5 years;

(c) the term of office of a member appointed in a whole-time capacity, other than the chairperson, shall be 3 years and such a member may be reappointed to the office for a second term not exceeding 3 years;

(d) the term of office of a member appointed in a part-time capacity shall be 3 years and such a member may be reappointed to the office for a second term not exceeding 3 years.

(8) Where the chairperson is for any reason temporarily unable to act as the chairperson, or the office of the chairperson is vacant, the Minister shall appoint a deputy chairperson to be the chairperson for the duration of the inability or until an appointment is made under subsection (4), as appropriate, and the person so appointed may perform all the functions conferred on the chairperson by this Act.

(9) A member of the Tribunal may resign from office by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter.

(10) Where a member of the Tribunal 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 section 19 of the European Parliament Elections Act 1997 as having been elected to that Parliament,

(d) elected or co-opted as a member of a local authority,

(e) appointed to judicial office, or

(f) appointed Attorney General,

he or she shall thereupon cease to be a member of the Tribunal.

(11) A person who is for the time being—

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

(b) a member of the European Parliament, or

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

shall, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified from being a member of the Tribunal.

(12) Without prejudice to the generality of subsection (11), that subsection shall be construed as prohibiting the reckoning of a period referred to therein as service with the Tribunal for the purposes of any superannuation benefits payable under this Act or otherwise.

(13) A member of the Tribunal may be removed from office by the Minister for stated reasons.

(14) If a member appointed in a part-time capacity—

(a) dies, resigns, becomes disqualified or is removed from office, or

(b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may appoint another person to be a member of the Tribunal in a part-time capacity to fill the casual vacancy so occasioned until an appointment is made in accordance with subsection (4).

(15) If a member appointed in a whole-time capacity—

(a) dies, resigns, becomes disqualified or is removed from office, or

(b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may appoint another person to be a member of the Tribunal in a whole-time or part-time capacity until an appointment is made in accordance with subsection (4).