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

(2) The appointment of a person to be the Ombudsman for the Defence Forces shall be made by the President on the recommendation of the Government.

(3) Subject to this Act, a person appointed under subsection (2)shall hold office on such terms and conditions as the Minister may, with the consent of the Minister for Finance, determine.

(4) A person appointed to be the Ombudsman—

(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 for stated misbehaviour, incapacity or bankruptcy where there is a recommendation for removal by the Government, and

(c) shall, where subsection (8) applies, vacate the office on attaining the prescribed age.

(5) Subject to this section, a person appointed to be the Ombudsman shall hold office for such term as may be specified in the instrument of appointment which term shall not exceed 7 years and such person may be eligible for re-appointment to the office for a second or subsequent term.

(6) If the person holding the office of the Ombudsman is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having being elected to the European Parliament, or

(d) becomes a member of a local authority,

that person shall thereupon cease to hold the office of Ombudsman.

(7) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified from holding the office of Ombudsman.

(8) In respect of any person who is not a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) the Minister may, with the consent of the Minister for Finance, prescribe the age at which such a person shall vacate office pursuant to subsection (4)(c).

(9) A person who holds the office of Ombudsman shall not be a member of the Defence Forces or a civil servant.

F1[(10) A person is not eligible to be appointed under subsection (2) if he or she is or has been at any time during the period of 5 years immediately prior to the closing date to apply under a competition to be the Ombudsman—

(a) a member of the Defence Forces,

(b) a civil servant (within the meaning of the Civil Service Regulation Act 1956) in the Department of Defence, or

(c) a civilian employed by the Minister under section 30(1)(g) of the Act of 1954.]