53. (1) Subject to any directions that may be issued by the Minister in relation to the matters specified in subsections (2) and (3), the Agency may appoint persons to be the Agency’s employees and may determine their duties.

(2) Members of staff of the Agency shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) The Agency, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, shall determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, or

(b) the grades of the employees of the Agency and the numbers of employees in each grade.

(4) A person is not eligible for appointment as an employee of the Agency if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament, or

(b) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy.

(5) The remuneration and allowances of the Agency’s employees are payable by the Agency to the employees out of funds at the Agency’s disposal.