Defence Act 1954

F439[Removal of member of External Oversight Body.

327

327.(1) The Minister may remove a member of the External Oversight Body from office where he or she is satisfied that one or more of the grounds specified in subsection (2) apply in respect of the member.

(2) The following grounds are specified for the purposes of subsection (1):

(a) the member has, without reasonable excuse, failed to discharge his or her functions;

(b) the member has become incapable through ill-health or otherwise of effectively performing his or her functions;

(c) the member has committed stated misbehaviour;

(d) the member has a conflict of interest of such significance that he or she should cease to hold office;

(e) the member is otherwise unfit to hold the office or unable to discharge his or her functions.

(3) Where the Minister proposes to remove a member of the External Oversight Body pursuant to subsection (1), he or she shall notify, or cause to be notified, the member concerned in writing of the proposal.

(4) A notification under subsection (3) shall include—

(a) a statement of the reasons for the proposal,

(b) a statement that the member of the External Oversight Body concerned may, within 30 working days of the sending of the notification or such longer period as the Minister may specify, make representations in such manner as may be specified in the notification to the Minister as to why he or she should not be removed from office, and

(c) a statement that, where no representations are received within the period specified under paragraph (b), the Minister may, without further notice, proceed with the removal of the member of the External Oversight Body from office in accordance with this section.

(5) The Minister shall, in considering whether to remove a member of the External Oversight Body from office in accordance with this section, take into account—

(a) any representations made in accordance with subsection (4)(b), and

(b) any other matters that the Minister considers relevant for the purposes of the decision.

(6) Where, having taken into account the representations (if any) and matters referred to in subsection (5), the Minister decides to remove the member of the External Oversight Body from office, he or she shall notify that member in writing of the decision and of the reasons for it.]

Annotations

Amendments:

F439

Inserted (6.11.2024) by Defence (Amendment) Act 2024 (25/2024), s. 21, S.I. No. 609 of 2024.