Michael McCarthy (Cork South West, Labour)
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396. To ask the Minister for Justice and Equality when a new appointment will be made to fill the current vacant position at Commissioner level in the Garda Síochána Ombudsman Commission; and if she will make a statement on the matter. [18276/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Mr Simon O'Brien resigned from his position as Chairperson of GSOC on 30 January 2015. With regard to the vacancy that arose on foot of Mr O’Brien’s resignation, I should first of all say that the 2005 Act provides for a situation where a member of GSOC has resigned his or her position, and permits GSOC to act notwithstanding the vacancy.

The appointment of members of GSOC is governed by section 65 of the 2005 Act. This stipulates that the Commission consists of 3 members, all of whom are to be appointed by the President on the nomination of the Government, following the passage of resolutions by both Houses of the Oireachtas recommending the appointments. The 2005 Act requires that the Government must be satisfied that persons nominated have the appropriate experience, qualifications, training or expertise for appointment having regard to the functions of GSOC. I should point out that the person who will be appointed to GSOC will serve out Mr O'Brien's term of office which will expire at the end of December 2016.

I have previously advised the House that, following careful consideration of the matter, I have decided to advertise the position of Chairperson of GSOC, for the remainder of the term. I intend to advertise the position in the coming days.