Data Protection Act 2018

17.

Resignation, removal, disqualification of Commissioner, ineligibility to become Commissioner

17. (1) A Commissioner may resign from office by giving notice in writing to the Government of his or her resignation and the resignation shall take effect from such date as is specified in the notice which date shall be at least 90 days after the giving of the notice to the Government.

(2) The Government may remove a Commissioner from office if they are satisfied that one or more of the grounds referred to in subsection (3) apply to the Commissioner.

(3) The grounds referred to in subsection (2) are that a Commissioner—

(a) has become incapable through ill health or otherwise of effectively performing the functions of the office, or

(b) has engaged in serious misconduct.

(4) Where the Government propose to remove a Commissioner under subsection (2), they shall notify the Commissioner concerned in writing of their proposal.

(5) A notification under subsection (4) shall include a statement—

(a) of the reasons for the proposed removal,

(b) that the Commissioner may, within a period of 30 working days from the sending of the notification or such other period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government, as to why the Commissioner should not be removed from office, and

(c) that where no representations are received within the period referred to in paragraph (b) the Government will, without further notice to the Commissioner, proceed with the removal of the Commissioner from office in accordance with this section.

(6) In considering whether to remove a Commissioner from office under subsection (2), the Government shall take into account—

(a) any representations made by the Commissioner under subsection (5)(b) within the period referred to in that subsection, and

(b) any other matter the Government consider relevant for the purpose of their decision.

(7) Where, having taken into account the matters referred to in subsection (6), the Government decide the Commissioner should be removed from office in accordance with this section, they shall notify the Commissioner in writing of their decision and the reasons for their decision.

(8) Where the Government decide to remove a Commissioner from office in accordance with this section, they shall prepare a statement of the reason or reasons for such removal and cause that statement to be laid before each House of the Oireachtas as soon as practicable after the decision is made.

(9) A Commissioner shall cease to hold office if he or she—

(a) is convicted on indictment of an offence,

(b) is convicted of an offence involving fraud or dishonesty,

(c) has a declaration made against him or her under section 819 of the Act of 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(d) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014 whether by virtue of that Chapter or of any other provision of that Act.

(10) A person shall not be eligible for appointment as a Commissioner if any of paragraphs (a) to (d) of subsection (9) are applicable in respect of the person.