Law Reform Commission Act 1975

The Law Reform Commission.


3.(1) On the establishment day there shall be established a body to be known as the Law Reform Commission, and which is in this Act referred to as the Commission, consisting of a President and four other members appointed by the Government.

(2) The Government shall on the request of the Taoiseach, made by him after consultation with the Attorney General, nominate the five persons who on the establishment day are to comprise the Commission.

(3) On the establishment day the persons nominated under subsection (2) of this section shall stand appointed under this Act to membership of the Commission.

(4) Where a vacancy occurs among the members of the Commission, the Government shall appoint a person to fill the vacancy as soon as may be after they are informed by the Attorney General that the vacancy exists.

(5) In case a person who is nominated under subsection (2) of this section dies before the establishment day, a vacancy among the members of the Commission shall be deemed to have occurred on the day next following that day.

(6) The Commission shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(7) The Government shall appoint to be Commissioners only persons appearing to them to be suitably qualified by the holding of judicial office, by experience as a barrister or solicitor or as a teacher of law or by reason of such other special experience, qualification or training as, in the opinion of the Government, is appropriate having regard to the functions of the Commission.

(8) When appointing a person to be a Commissioner the Government shall fix his term of office which shall not exceed five years and, subject to subsections (12) and (13) of this section, he shall hold his office on such terms and conditions as are determined by the Government at the time of his appointment.

(9) A person who holds judicial office may without relinquishing that office be appointed with his consent to be a Commissioner, but, unless otherwise provided by the terms of his appointment, shall not be required to perform his duties under statute as the holder of judicial office while he remains a member of the Commission.

(10) A Commissioner may at any time resign his office and a person who ceases to be a Commissioner shall be eligible for reappointment.

(11) A Commissioner, other than a Commissioner who holds judicial office, shall be paid such remuneration as the Government determine.

(12) Where a Commissioner is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall, upon accepting such nomination, cease to be a Commissioner.

(13) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a Commissioner.

(14) Subject to the provisions of this Act, the Commission shall regulate its procedure and business.

(15) The Commission shall, as soon as may be after its establishment, provide itself with a seal.

(16) The seal of the Commission shall be authenticated by the President or some other member thereof authorised by the Commission to act in that behalf.