PART 14

Criminal Law Codification Advisory Committee

167 .— There stands established a body, which shall be known as An Coiste Comhairleach um Chódú an Dlí Choiriúil or, in the English language as, the Criminal Law Codification Advisory Committee and is in this Part referred to as the “Committee”, to perform the functions assigned to it by this Act.

168 .— (1) The function of the Committee shall be to oversee the development of a programme for the codification of the criminal law.

(2) Without prejudice to the generality of subsection (1), the Committee shall—

(a) plan, monitor and review the implementation of a programme for the development of a criminal code (“the code”),

(b) advise and assist the Minister on consolidation of areas of criminal law for inclusion in the code,

(c) advise and assist the Minister in relation to the amendment and future maintenance of the code,

(d) undertake or commission, or collaborate or assist in, research projects relating to the codification of criminal law,

(e) consult, on any particular matter which the Committee considers relevant, persons qualified to give opinions thereon,

(f) monitor, review and advise and assist the Minister on international developments in the codification of criminal law in so far as they may be relevant to the development of the code,

(g) advise and assist the Minister on any other related issues, including issues submitted by the Minister to the Committee for consideration.

169 .— (1) The Committee shall consist of the following members, that is to say, a chairperson and such and so many ordinary members as may be appointed from time to time as occasion requires by the Minister.

(2) The members of the Committee shall be appointed by the Minister from among persons who in the opinion of the Minister have experience of, and expertise including Human Rights expertise in relation to, matters connected with the functions of the Committee.

170 .— (1) The Minister may at any time, for stated reasons, terminate a person’s membership of the Committee.

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

(3) A member of the Committee shall, subject to the provisions of this Part, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as the Minister, with the consent of the Minister for Finance, may from time to time determine.

171 .— 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 in the same manner as the member of the Committee who occasioned the vacancy was appointed.

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

(2) The Committee may act notwithstanding one or more vacan-cies among its members.

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

(4) 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 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.

(5) A member of the Committee, other than the chairperson, who is unable to attend a meeting of the Committee, may nominate a deputy to attend in his or her place.

173 .— (1) The Minister shall, as soon as may be after the commencement of this Part and thereafter, at least once in every 2 years, after consultation with the Committee, determine a programme of work to be undertaken by the Committee over the ensuing specified period.

(2) Notwithstanding subsection (1), the Minister may, from time to time, amend the programme of work, including the period to which the programme relates.

174 .— For the purposes of expenditure by the Committee in the performance of its functions, the Minister may in each financial year, with the consent of the Minister for Finance, advance to the Committee out of moneys provided by the Oireachtas such sum or sums as the Minister, after consultation with the Committee, may determine.

175 .— (1) The Committee shall, not later than 3 months after the end of each calendar year, prepare and submit to the Minister a report on the performance of its functions and activities during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas within a period of 2 months from the receipt of the report.

(2) A report under subsection (1) shall be in such form as the Minister may approve and shall include information in such form and regarding such matters as the Minister may from time to time direct.

(3) The Committee shall supply to the Minister such information regarding the performance of its functions as the Minister may from time to time require.