9. (1) Subject to this section and section 11 , the Commission shall comprise not more than 9 and not less than 7 members:

(a) a chairperson (in this Act referred to as the “Chairperson”);

(b) 2 ex officio members;

(c) not less than 4 and not more than 6 ordinary members.

(2) Subject to this section—

(a) the appointment of a person to be an ordinary member of the Commission shall, upon the nomination of the Government, be made by the President, and

(b) the appointment of a person to be the Chairperson of the Commission shall, upon the nomination of the Chief Justice, be made by the President.

(3) The Chairperson shall be—

(a) a former judge of the Supreme Court, a former judge of the Court of Appeal or a former judge of the High Court,

(b) a judge of the Supreme Court,

(c) following consultation by the Chief Justice with the President of the Court of Appeal, a judge of the Court of Appeal, or

(d) following consultation by the Chief Justice with the President of the High Court, a judge of the High Court.

(4) Each of the following shall, ex officio, be a member of the Commission:

(a) the Ombudsman, or where that office is vacant, the Director of the Office of the Ombudsman;

(b) the Clerk of Dáil Éireann or, where that office is vacant, the Clerk Assistant of Dáil Éireann.

(5) The Chief Justice shall, before the establishment day, following a request from the Minister, nominate a person to be designated by the President as the first chairperson of the Commission.

(6) If, immediately before the establishment day, a person stands designated under subsection (5), the person shall, on that day, stand appointed as the first chairperson of the Commission.

(7) The President shall, before the establishment day, designate persons to be appointed as the first ordinary members of the Commission.

(8) If, immediately before the establishment day, a person stands designated under subsection (7), the person shall, on that day, stand appointed by the President as an ordinary member of the Commission.

(9) Subject to section 11(5), a person shall not be appointed as an ordinary member of the Commission unless a resolution has been passed by each House of the Oireachtas recommending his or her appointment.

(10) Subject to section 11(5), the President shall appoint the ordinary members of the Commission from among such persons as are recommended by the Service and nominated by the Government in accordance with section 10 for appointment as such ordinary members.