33.(1) There is hereby established the office of Information Commissioner and the holder of the office shall be known as the Information Commissioner.

(2) The Commissioner shall be independent in the performance of his or her functions.

(3) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

(4) (a) Subject to paragraph (b), the provisions of the Second Schedule shall have effect in relation to the Commissioner.

(b) Paragraphs 4 and 5 of the Second Schedule shall not have effect where the person who holds the office of Commissioner also holds the office of Ombudsman.

(5) Section 2 (6) of the Ombudsman Act, 1980 shall not apply to a person who holds the office of Ombudsman and also holds the office of Commissioner.