65.— (1) The Ombudsman Commission is to consist of 3 members, all of whom are to be appointed by the President on—

(a) the nomination of the Government, and

(b) the passage of resolutions by Dáil Éireann and Seanad Éireann recommending their appointment.

(2) One of the members shall be appointed as chairperson.

(3) At least one of the 3 members shall be a woman and at least one of them shall be a man.

(4) In considering the nomination of a person to be a member of the Ombudsman Commission, the Government shall satisfy themselves that the person has the appropriate experience, qualifications, training or expertise for appointment to a body having the functions of the Commission.

(5) A person who holds judicial office in a superior court may, without relinquishing that office, be appointed, with his or her consent, as the chairperson of the Ombudsman Commission, but, unless otherwise provided by the terms of the appointment, he or she shall not, while a member, be required to carry out duties under statute as the holder of that judicial office.

(6) Schedule 4 has effect if a person who holds judicial office in a superior court is appointed as the chairperson of the Ombudsman Commission.

(7) A person is not eligible to be nominated or appointed under this section if he or she—

(a) is a member of either House of the Oireachtas,

(b) is entitled under the rules of procedure of the European Parliament to sit in that Parliament,

(c) is a member of a local authority, or

(d) is or has been a member of the Garda Síochána.

(8) The first appointments to the Ombudsman Commission become effective on the establishment day.

(9) If the chairperson is temporarily unable to carry out the duties of office, the other 2 members shall determine which of them is to act, for all or part of the period of inability, in the chairperson’s place.

(10) For as long as a member is acting in place of the chairperson under subsection (9) references in this Act to the chairperson of the Ombudsman Commission are to be read as references to that member.