Data Protection Act, 1988
47 of 50
https://www.irishstatutebook.ie/eli/1988/act/25/enacted/en/print.html?printonload=true
(2) The Commissioner—
(a) may at any time resign his office as Commissioner by letter addressed to the Secretary to the Government and
the resignation shall take effect on and from the date of receipt of the letter,
(b) may at any time be removed from office by the Government if, in the opinion of the Government, he has
become incapable through ill-health of effectively performing his functions or has committed stated
misbehaviour, and
(c) shall, in any case, vacate the office of Commissioner on reaching the age of 65 years.
3. The term of office of a person appointed to be the Commissioner shall be such term not exceeding 5 years as the
Government may determine at the time of his appointment and, subject to the provisions of this Schedule, he shall be
eligible for re-appointment to the office.
4. (1) Where the Commissioner is—
(a) nominated as a member of Seanad Éireann,
(b) elected as a member of either House of the Oireachtas, the European Parliament or a local authority, or
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European
Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,
he shall thereupon cease to be the Commissioner.
(2) A person who is for the time being—
(i) entitled under the standing orders of either House of the Oireachtas to sit therein,
(ii) a member of the European Parliament, or
(iii) entitled under the standing orders of a local authority to sit therein,
shall, while he is so entitled or is such a member, be disqualified for holding the office of Commissioner.
5. The Commissioner shall not hold any other office or employment in respect of which emoluments are payable.
6. There shall be paid to the Commissioner, out of moneys provided by the Oireachtas, such remuneration and
allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.
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