4.—(1) There is established the office of Ombudsman for Children and the holder of the office shall be known as the Ombudsman for Children.

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

(3) A person appointed to be the Ombudsman for Children—

(a) may at his or her 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 where—

(i) he or she has become incapable through ill health of effectively performing the functions of the office,

(ii) he or she is adjudicated bankrupt,

(iii) he or she is convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment,

(iv) he or she has failed without reasonable excuse to discharge the functions of the office for a continuous period of 3 months beginning not earlier than 6 months before the day of removal, or

(v) for any other stated reason, he or she should be removed,

and then only upon resolution passed by Dáil Éireann and Seanad Éireann calling for his or her removal,

F5[(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 this section, a person appointed to be the Ombudsman for Children shall hold the office of Ombudsman for Children for a term of 6 years and may be re-appointed once only to that office for a second term.

(5) (a) Where a person who holds the office of Ombudsman for Children is—

(i) nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,

(ii) elected to be a representative in the European Parliament or is regarded pursuant to section 19 of the European Parliament Elections Act, 1997, as having been elected to that Parliament, or

(iii) becomes a member of a local authority,

he or she shall thereupon cease to hold the office of Ombudsman for Children.

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

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

(ii) a representative in the European Parliament, or

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

shall, while he or she is so entitled under subparagraph (i) or (iii) or is such a representative under subparagraph (ii), be disqualified for holding the office of Ombudsman for Children.

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