Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 22:

In page 39, between lines 10 and 11, to insert the following:

“Supplemental provisions in relation to section 2627.(1) Where a person who holds the office of the Public Sector Standards Commissioner is—

(a) nominated as a candidate for election to either House of the Oireachtas, the European Parliament or a local authority,

(b) nominated as a member of Seanad Éireann,

(c) deemed, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, to be elected as a member of the European Parliament, or

(d) co-opted, under section 19 of the Local Government Act 2001, to fill a casual vacancy in the membership of a local authority,

he or she shall thereupon cease to hold the office of the Public Sector Standards Commissioner.

(2) A person who is, for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while so entitled or while such a member, be disqualified from holding the office of the Public Sector Standards Commissioner.

(3) Any function of the Commissioner or the Deputy Commissioner may in a case—

(a) in which functions under this Act fall to be performed in circumstances where—

(i) a complaint under subsection (1) of section 33 has been made that the Commissioner or the Deputy Commissioner has contravened a provision of this Act, or

(ii) a complaint under subsection (3) of section 33 has been made that the Commissioner or the Deputy Commissioner has done an act or made an omission referred to in that subsection, or

(b) in which other special circumstances arise,

be performed by another person appointed for the purpose by the Minister after, if the Minister considers this to be appropriate, consultation with the Commissioner.

(4) Without prejudice to subsection (3), in a case in which the Commissioner or the Deputy Commissioner is temporarily unable to perform a function under this Act or the office of the Commissioner or the Deputy Commissioner is vacant, the function may be performed by another person appointed for the purpose by the Minister after, if the Minister considers this to be appropriate, consultation with the Commissioner.

(5) The terms and conditions upon which a person is appointed under subsection (3)or (4)shall be those that are specified by the Minister.

(6) The Minister shall secure that an appointment under subsection (3)or (4)continues in being no longer than is reasonably necessary to meet the circumstances that led to the appointment being made.”.