2.—(1) There is hereby established the office of Ombudsman and the holder of the office shall be known as the Ombudsman.

(2) The appointment of a person to be the Ombudsman shall be made by the President upon resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

F4[(2A) Such appointment may be preceded by consideration by a committee of the Houses of the Oireachtas as may be designated by the Minister of a person proposed by the Government for such appointment.]

(3) A person appointed to be the Ombudsman—

(a) may at his own request be relieved of office by the President,

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour F5[(including stated misbehavior in his or her capacity as the holder of the office of Protected Disclosures Commissioner established by section 10A of the Protected Disclosures Act 2014)], incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal,

F6[(c) shall in any case vacate the office on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(4) Subject to the provisions of this section, a person appointed to be the Ombudsman shall hold office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.

(5) (a) Where a person who holds the office of Ombudsman is nominated either as a candidate for election to either House of the Oireachtas, the F4[European Parliament] or a local authority or as a member of Seanad Éireann or is appointed as a member of the F4[European Parliament] or a local authority, he shall thereupon cease to hold the office of Ombudsman.

(b) A person who is for the time being entitled—

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

(ii) under the rules of procedure of the F4[European Parliament] to sit therein, or

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

shall, while so entitled, be disqualified for holding the office of Ombudsman.

(6) A person who holds the office of Ombudsman shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force.

(7) F7[…]