Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

SCHEDULE 1

DNA Database System Oversight Committee

Section 71

Membership of Committee

1. (1) The Committee shall comprise 6 members, being a chairperson and 5 ordinary members.

(2) The Director of FSI shall be an ex officio member of the Committee.

(3) The chairperson and ordinary members (other than the Director of FSI) of the Committee shall be appointed by the Minister.

(4) The chairperson of the Committee shall be a judge of the High Court or the Circuit Court or a former judge of the High Court or the Circuit Court.

(5) One ordinary member of the Committee shall be a member of the staff of the Data Protection Commissioner who is nominated for appointment to the Committee by the Data Protection Commissioner.

(6) The Minister shall, in so far as practicable, ensure that there is an equal balance of men and women amongst the persons who are appointed to be ordinary members of the Committee.

(7) When appointing persons to be ordinary members of the Committee, the Minister shall have regard to the desirability of their having obtained qualifications, experience or expertise in science, human rights or any other field which the Minister considers appropriate having regard to the functions of the Committee under this Act.

Terms and conditions of office of members of Committee

2. (1) The term of office of a member of the Committee (other than the Director of FSI) shall be such period, not exceeding 4 years, as the Minister may determine at the time of his or her appointment.

(2) Subject to this paragraph, a member of the Committee shall be eligible for re-appointment.

(3) The Minister may at any time, for stated reasons, terminate the membership of any member of the Committee.

(4) A member of the Committee may resign his or her membership of the Committee by notice in writing sent or given to the Minister, and the resignation shall take effect on the day on which the Minister receives the notice.

(5) The members of the Committee shall, subject to the provisions of this Schedule, hold office upon such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

(6) The chairperson of the Committee other than a serving judge and the ordinary members of the Committee, other than the Director of FSI and the person nominated for appointment by the Data Protection Commissioner, shall be paid such remuneration (if any) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

(7) The chairperson and ordinary members of the Committee shall be paid such allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

Vacancies in membership of Committee

3. (1) If a member of the Committee dies, resigns or ceases to be a member of the Committee, the Minister may appoint a person to be a member of the Committee to fill the vacancy so occasioned.

(2) A member of the Committee who is appointed to fill any such vacancy holds office for the remainder of the term of office of the replaced member of the Committee.

(3) The Committee may act notwithstanding one or more vacancies in its membership.

Meetings and procedures of Committee

4. (1) The Committee shall hold such and so many meetings as may be necessary for the performance of its functions and may make such arrangements for the conduct of its meetings and business (including the establishment of subcommittees and fixing of a quorum for meetings) as it considers appropriate.

(2) Subject to the provisions of this Schedule, the Committee shall regulate its own procedure by rules or otherwise.

(3) At a meeting of the Committee—

(a) the chairperson of the Committee shall, if present, be the chairperson of the meeting, or

(b) if and for so long as the chairperson of the Committee is not present or if that office is vacant, the members of the Committee who are present shall choose one of their number to be chairperson of the meeting.

Funds, facilities and services for Committee

5. (1) The Minister shall, with the consent of the Minister for Public Expenditure and Reform, provide the Committee with such funds, facilities and services (including secretarial services) as the Minister, following consultation with the chairperson of the Committee, considers appropriate for the performance by the Committee of its functions under this Act.

(2) The Committee may, with the approval of the Minister, engage such consultants or advisers with scientific or technical expertise as the Committee considers necessary for the performance of its functions under this Act.

Annotations:

Modifications (not altering text):

C11

Functions transferred and references to “Data Protection Commissioner” and “Office of the Data Protection Commission” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 14(1), (2), in effect as per ss. 9, 14(4).

Note establishment of the Data Protection Commission (25.05.2018) by Data Protection Act 2018 (7/2018), s. 10(1), in effect as per s. 9.

Transfer of functions of Data Protection Commissioner to Commission

14. (1) All functions that, immediately before the establishment day, were vested in the Data Protection Commissioner are transferred to the Commission.

(2) A reference in any enactment or instrument under an enactment to the Data Protection Commissioner or to the Office of the Data Protection Commissioner shall be construed as a reference to the Commission.

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