Garda Síochána Act 2005

• (5) The quorum for a meeting of the Authority shall be 5 or such other number, not being less than 5, as the Authority shall determine.

• (6) The chairperson of the Authority shall fix the date, time and place of the first meeting of the Authority.

• (7) At a meeting of the Authority—

• (a) if the chairperson thereof is present, he or she shall be the chairperson of the meeting, or

• (b) if and for so long as the chairperson is not present or if the office of chairperson is vacant, the ordinary members of the Authority who are present shall choose one of their number to act as the chairperson of the meeting.

• (8) Each member of the Authority present at a meeting of the Authority shall have a vote.

• (9) At a meeting of the Authority, a question on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

• (10) In addition to a meeting with all participants physically present, the Authority may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time.

• (11) Subject to this Act, the Authority may determine its own procedures.]

62K. F123[Committees of Authority

62K. (1) The Authority may establish committees to—

• (a) assist and advise it in relation to the performance of all or any of its functions, and

• (b) perform such functions of the Authority as may stand delegated to them.

• (2) In appointing the members of a committee, the Authority shall—

• (a) have regard to the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee, and

• (b) have regard to the desirability of there being such balance between men and women on the committee as is appropriate.

• (3) A committee—

• (a) shall consist of such number of members as the Authority may determine, and

• (b) may include persons who are not members of the Authority or its staff.

• (4) The Authority may—

• (a) appoint a person to be the chairperson of a committee, and

• (b) at any time dissolve a committee.]

62L. F124[Power to appoint consultants and advisers and to enter into contracts

62L. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, as it considers necessary to assist it in the performance of its functions—

• (a) enter into contracts with persons, or

• (b) appoint consultants or advisers,

or both.

• (2) There may be paid by the Authority, out of the resources at its disposal, to persons, consultants or advisers referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by them as the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, may determine.

• (3) The appointment of a person as a consultant or adviser shall be for such period and on such terms and conditions as the Authority considers appropriate.]

62M. F125[Confidentiality of certain information

62M. (1) A person who is or was a member of the Authority or a committee or the Chief Executive or other member of the staff of the Authority or who is or was engaged under contract or other arrangement by the Authority shall not disclose, in or outside the State, any information obtained in the course of carrying out the duties of that person’s office, employment, contract or other arrangement if the person knows the disclosure of that information is likely to have a harmful effect.

• (2) For the purpose of this section, the disclosure of information referred to in subsection (1) does not have a harmful effect unless it—

• (a) facilitates the commission of an offence,

• (b) prejudices the safekeeping of a person in legal custody,

• (c) impedes the prevention, detection or investigation of an offence,

• (d) impedes the apprehension or prosecution of a suspected offender,

• (e) prejudices the security of any system of communication of the Garda Síochána,

• (f) results in the identification of a person—

• (i) who is a witness in a criminal proceeding or who has given information in confidence to a member of the Garda Síochána, and

• (ii) whose identity is not at the time of the disclosure a matter of public knowledge,

• (g) results in the publication of information that—

• (i) relates to a person who is a witness to or a victim of an offence, and

• (ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from giving evidence or reporting an offence,

or

• (h) results in the publication of personal information (within the meaning of section 2(1) of the Freedom of Information Act 2014) and constitutes an unwarranted and serious infringement of a person’s right to privacy.

• (3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect.

• (4) Subsection (1) does not prohibit a person from disclosing information referred to in that subsection if the disclosure—

• (a) is made to—

• (i) the Garda Commissioner,

• (ii) the Minister,

• (iii) the Attorney General,

• (iv) the Director of Public Prosecutions,

• (v) the Chief State Solicitor,

• (vi) the Criminal Assets Bureau,

• (vii) the Comptroller and Auditor General,

• (viii) the Ombudsman Commission or an officer of the Commission,

• (ix) the Garda Síochána Inspectorate or an officer of the Inspectorate,

• (x) the Revenue Commissioners, or

• (xi) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of the member’s functions,

• (b) is made to a court,

• (c) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act,

• (d) is made in the course of, and in accordance with, the duties of that person’s office or employment or his or her duties under a contract or other arrangement with the Authority,

• (e) is authorised by the chairperson of the Authority, or

• (f) is otherwise authorised by law.

• (5) A person who contravenes subsection (1) is guilty of an offence and is liable—

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (6) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information is guilty of an offence and is liable—

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years or both.

• (7) The provisions of this section are in addition to, and not in substitution for, the provisions of the Official Secrets Act 1963.]

62N. F126[Strategy statement of Authority

62N. (1) Subject to subsection (2), every 3 years the Authority shall prepare and submit to the Minister a strategy statement for the following 3 years.

• (2) The first strategy statement shall be prepared by the Authority and submitted to the Minister as soon as practicable after the establishment day of the Authority and shall relate to the period from its submission to the Minister until the day immediately before the third anniversary of the establishment day of the Authority.

• (3) A second or subsequent strategy statement shall be prepared by the Authority and submitted to the Minister within the period of 6 months before the expiry of the period to which the previous strategy statement relates and the second or subsequent strategy statement shall relate to the period of 3 years from the anniversary of the establishment day of the Authority concerned.

• (4) The Authority shall, in a strategy statement prepared under this section—

• (a) set out the key objectives, outputs and related strategies of the Authority, including the use of its resources, and

• (b) have regard to the need to ensure the most beneficial and efficient use of the resources of the Authority.

• (5) Before submitting a strategy statement to the Minister in accordance with this section, the Authority—

• (a) may publish in such manner as the Authority considers appropriate a draft of the strategy statement and, where it publishes the draft, it shall allow persons 30 days from the date of that publication within which to make representations in writing to the Authority with regard to the draft strategy statement, and

• (b) following consultation under paragraph (a) and, where appropriate, having considered the representations (if any) made, shall submit the strategy statement to the Minister with or without modifications to take account of such representations.

• (6) The Minister shall cause a copy of a strategy statement prepared and submitted to him or her pursuant to this section to be laid before each House of the Oireachtas as soon as practicable after the strategy statement has been received by him or her.]

62O. F127[Reports to Minister

62O. (1) Not later than 3 months after the end of each year, the Authority shall submit to the Minister a report on its activities in the immediately preceding year.

• (2) The Authority shall, within 2 years from the establishment day of the Authority, submit to the Minister a report on—

• (a) the effectiveness of the Authority, and

• (b) the adequacy of the functions assigned to it by this Act.

• (3) The report submitted under subsection (2) may contain recommendations for improving the effectiveness of the Authority.

• (4) At the end of each 5 year period commencing with the establishment day of the Authority, the Authority shall submit to the Minister a report reviewing the general performance of its functions in the preceding 5 years.

• (5) The Authority may make any other reports that it considers appropriate for drawing to the attention of the Minister matters that have come to its notice and that, in its opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Minister.

• (6) The Minister may request the Authority to prepare and submit to him or her a report in respect of any matter relating to policing services, and the Authority shall comply with the request as soon as practicable after receiving it.

• (7) The Minister shall cause a copy of a report under this section to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report.]

62P. F128[Chief Executive

62P. (1) There shall be a chief executive officer of the Authority who, subject to subsections (2) and (3), shall be appointed by the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, and who is referred to in this Act as the ‘Chief Executive’.

• (2) The Minister may, before the establishment day of the Authority, designate a person to be the first chief executive officer of the Authority.

• (3) If, immediately before the establishment day of the Authority, a person stands designated by the Minister under subsection (2), the Authority shall appoint that person to be the first Chief Executive.

• (4) The Chief Executive shall—

• (a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration) as are determined by the Authority with the consent of the Minister and the Minister for Public Expenditure and Reform, and

• (b) be paid out of moneys at the disposal of the Authority.

• (5) The Chief Executive shall—

• (a) have the appropriate experience, qualifications, training and expertise for the appointment, and

• (b) be appointed by the Authority following a selection competition.

• (6) The Chief Executive shall—

• (a) implement the policies and decisions of the Authority,

• (b) manage and control generally the staff, administration and business of the Authority, and

• (c) perform such other functions (if any) as may be required by the Authority or as may be authorised under this Act.

• (7) The Chief Executive may be removed or suspended from office by the Authority, with the consent of the Minister, for stated reasons.

• (8) The Chief Executive shall not be a member of the Authority or a committee, but he or she may, in accordance with procedures established by the Authority or such a committee, as the case may be, attend meetings of the Authority or a committee and shall be entitled to speak at and give advice at such meetings.

• (9) The Chief Executive shall provide the Authority with such information, including financial information, in respect of the performance of his or her functions as the Authority may require.

• (10) The Chief Executive shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Authority.

• (11) If the Chief Executive—

• (a) dies, resigns or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Authority may designate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the Chief Executive until—

• (i) in the circumstances mentioned in paragraph (a), a new Chief Executive is appointed in accordance with this section, or

• (ii) in the circumstances mentioned in paragraph (b), the Chief Executive is able to resume the performance of his or her functions.]

62Q. F129[Staff of Authority

62Q. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Authority as it may determine.

• (2) The terms and conditions of service of a member of the staff of the Authority, and the grade at which he or she serves, shall be such as may be determined by the Authority with the consent of the Minister and the Minister for Public Expenditure and Reform.

• (3) Members of staff of the Authority are civil servants in the Civil Service of the State.

• (4) The Authority is the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of its staff.]

62R. F130[Accountability for accounts of Authority

62R. The Chief Executive is the accounting officer in relation to the appropriation accounts of the Authority for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.]

62S. F131[Accountability of Authority to other Oireachtas Committees

62S. (1) Subject to subsection (2), the Chief Executive shall, at the request in writing of a committee, attend before it to give account for the general administration of the Authority.

• (2) The Chief Executive shall not be required to give account before a committee for any matter that is, or is likely to be, the subject of proceedings before a court or tribunal in the State, including a tribunal of inquiry established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 and a commission of investigation established under the Commissions of Investigation Act 2004.

• (3) The Chief Executive shall, if of opinion that subsection (2) applies to a matter about which he or she is requested to give account before a committee, inform the committee of that opinion and the reasons for the opinion.

• (4) The information required under subsection (3) shall be given to the committee in writing unless it is given when the Chief Executive is before the committee.

• (5) If, on being informed of the opinion of the Chief Executive about the matter, the committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.

• (6) Either the Authority or the committee may apply in a summary manner to the High Court for a determination under subsection (5), but only if the application is made within 21 days after the date on which the Chief Executive is informed of the decision of the committee not to withdraw its request.

• (7) Pending the determination of an application under subsection (6), the Chief Executive shall not attend before the committee to give account for the matter that is the subject of the application.

• (8) If the High Court determines that subsection (2) applies to the matter, the committee shall withdraw its request insofar as it relates to the matter, but if the Court determines that subsection (2) does not apply, the Chief Executive shall attend before the committee to give account for the matter.

• (9) In carrying out duties under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

• (10) In this section "committee" means—

• (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

• (b) a sub-committee of a committee falling under paragraph (a).]

PART 3 Establishment and Functions of Garda Síochána Ombudsman Commission

63. Establishment day.

63.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Part.

64. Establishment of Ombudsman Commission.

64.— (1) On the establishment day, a body corporate to be known as Coimisiún Ombudsman an Gharda Síochána or, in the English language, the Garda Síochána Ombudsman Commission stands established to perform the functions assigned to it by this Act.

• (2) The Ombudsman Commission has, under its corporate name, perpetual succession and an official seal and may—

• (a) sue and be sued in its corporate name,

• (b) acquire, hold and dispose of land or an interest in land, and

• (c) acquire, hold and dispose of any other property.

65. Membership of Ombudsman Commission.

65.— (1) The Ombudsman Commission is to consist of 3 members, all of whom are to be appointed by the President on—

• (a) the nomination of the Government, and

• (b) the passage of resolutions by Dáil Éireann and Seanad Éireann recommending their appointment.

• (2) One of the members shall be appointed as chairperson.

• (3) At least one of the 3 members shall be a woman and at least one of them shall be a man.

• (4) In considering the nomination of a person to be a member of the Ombudsman Commission, the Government shall satisfy themselves that the person has the appropriate experience, qualifications, training or expertise for appointment to a body having the functions of the Commission.

• (5) A person who holds judicial office in a superior court may, without relinquishing that office, be appointed, with his or her consent, as the chairperson of the Ombudsman Commission, but, unless otherwise provided by the terms of the appointment, he or she shall not, while a member, be required to carry out duties under statute as the holder of that judicial office.

• (6) Schedule 4 has effect if a person who holds judicial office in a superior court is appointed as the chairperson of the Ombudsman Commission.

• (7) A person is not eligible to be nominated or appointed under this section if he or she—

• (a) is a member of either House of the Oireachtas,

• (b) is entitled under the rules of procedure of the European Parliament to sit in that Parliament,

• (c) is a member of a local authority, or

• (d) is or has been a member of the Garda Síochána.

• (8) The first appointments to the Ombudsman Commission become effective on the establishment day.

• (9) If the chairperson is temporarily unable to carry out the duties of office, the other 2 members shall determine which of them is to act, for all or part of the period of inability, in the chairperson’s place.

• (10) For as long as a member is acting in place of the chairperson under subsection (9) references in this Act to the chairperson of the Ombudsman Commission are to be read as references to that member.

66. Terms and conditions of office.

66.— (1) Subject to section 68, a member of the Ombudsman Commission holds office for the period, exceeding 3 years but not exceeding 6 years, that the Government may determine at the time of appointment.

• (2) A member is eligible for reappointment for a second term.

• (3) A member holds office on the terms and conditions relating to remuneration (including allowances for expenses, benefits in kind and superannuation) or other matters that may be determined by the Government at the time of appointment or reappointment.

• (4) The Ombudsman Commission may act notwithstanding one or more than one vacancy among its members, including a vacancy that results in section 65(3) not being complied with.

• (5) Whenever a vacancy occurs in the membership of the Ombudsman Commission caused by the resignation, removal from office or the death of a member, the vacancy is to be filled by appointment in the manner specified in section 65.

• (6) A member who is appointed to fill a vacancy caused by the resignation, removal from office or the death of a member holds office for the remainder of the term of office of the replaced member.

67. Objectives, functions and powers.

67.— (1) The objectives of the Ombudsman Commission are—

• (a) to ensure that its functions are performed in an efficient and effective manner and with full fairness to all persons involved in complaints and investigations under Part 4 concerning the conduct of F132[members of the Garda Síochána,]

• F132[(b) to promote and encourage the use of mediation and other informal means of resolving complaints that are suitable for resolution by such means, and

• (c) to promote public confidence in the process for resolving complaints referred to in paragraph (a).]

• (2) The functions of the Ombudsman Commission are—

• (a) to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána,

• (b) to carry out the duties and exercise the powers assigned to it under Part 4 in relation to those complaints,

• (c) to issue guidelines for the informal resolution under section 90 of certain categories of complaints and to make procedural rules for investigations under section 95,

• (d) to report the results of its investigations under Part 4 to the Garda Commissioner and, in appropriate cases, to the Director of Public Prosecutions and, if it reports to the Director, to send him or her a copy of each investigation file,

• (e) to conduct, in accordance with section 102 F133[or 102B] , other investigations of matters concerning the conduct of members of the Garda Síochána,

• (f) to examine practices, policies and procedures of the Garda Síochána in accordance with section 106,

• (g) to draw up with the Garda Commissioner protocols in accordance with section 108, and

• (h) to carry out any other duties and exercise any other powers assigned to it under this Act.

• (3) The Ombudsman Commission has all powers that are necessary for, or incidental to, the performance of its functions under this Act.

• (4) Subject to this Act, the Ombudsman Commission shall be independent in the performance of its functions.

• (5) The chairperson of the Ombudsman Commission shall manage and control generally the officers, administration and business of the Commission.

68. Resignation or removal of members in certain cases.

68.— (1) A member of the Ombudsman Commission may resign from office at any time by letter addressed to the President and copied to the Minister, and the resignation takes effect on the date the President receives the letter.

• (2) The President may remove a member of the Ombudsman Commission from office, but only for stated misbehaviour or for incapacity and then only on resolutions passed by Dáil Éireann and Seanad Éireann calling for the member’s removal.

• (3) A person ceases to be a member of the Ombudsman Commission as soon as he or she—

• (a) is nominated as a member of Seanad Éireann,

• (b) is elected as a member of either House of the Oireachtas or of the European Parliament,

• (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or

• (d) becomes a member of a local authority.

69. Seal of Ombudsman Commission.

69.— (1) The Ombudsman Commission shall, as soon as practicable after its establishment, provide itself with a seal.

• (2) The seal of the Ombudsman Commission must be authenticated by the signature of—

• (a) a member of the Commission, and

• (b) an officer of the Commission authorised by it to act in that behalf.

• (3) Judicial notice is to be taken of the seal of the Ombudsman Commission and every document purporting to be an instrument made by the Commission and to be sealed with its seal (purporting to be authenticated in accordance with this section) is to be received in evidence and is deemed to be such instrument without proof unless the contrary is shown.

70. Meetings and business of Ombudsman Commission.

70.— (1) The quorum for a meeting of the Ombudsman Commission is 2 members.

• (2) Each question at a meeting of the Ombudsman Commission shall be determined by a majority of the votes of the members present and voting on the question.

• (3) In the case of an equal division of votes, the chairperson or other member presiding at the meeting has a second or casting vote.

• (4) Subject to this Act, the Ombudsman Commission may regulate its own procedures.

71. Officers of Ombudsman Commission.

71.— (1) The Ombudsman Commission may appoint such numbers of persons as its officers as may be approved by the Minister with the consent of the Minister for Finance.

• (2) The Ombudsman Commission shall determine the grades of its officers and the numbers of officers in each grade, as may be approved by the Minister with the consent of the Minister for Finance.

• (3) Officers of the Ombudsman Commission are civil servants in the Civil Service of the State.

• (4) The Ombudsman Commission is the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996) in relation to its officers.

72. Transfer of staff to Ombudsman Commission.

72.— (1) Any member of the staff of the Department of Justice, Equality and Law Reform who on the establishment day is engaged in duties in the Garda Síochána Complaints Board may be designated by order of the Minister and shall, on being so designated, be transferred to and become an officer of the Ombudsman Commission.

• (2) Before making an order for the purpose of subsection (1), the Minister shall—

• (a) notify in writing any recognised trade union or staff association concerned of the Minister’s intention to do so, and

• (b) consider, within the time that may be specified in the notification, any representations made by that trade union or staff association in relation to the matter.

• (3) Schedule 2 has effect in relation to staff transferred under this section.

73. Designation of officers and others for purpose of investigations under Part 4 .

73.— (1) A person who is appointed as or becomes an officer of the Ombudsman Commission under section 71 or 72 or who is engaged by it under section 74 may be designated in writing by the Commission for the purpose of performing functions under any provisions of Part 4 specified in the instrument of designation.

• (2) The Ombudsman Commission shall provide each person designated under this section with a warrant card identifying the person and specifying the provisions of Part 4 in relation to which the person is authorised to perform functions.

• (3) A person provided with a warrant card shall carry it at all times while performing functions under Part 4 and, if requested, shall produce the card for inspection.

74. Special assistance.

74.— (1) The Ombudsman Commission may, for the purposes of performing its functions under this Act, enter into arrangements as follows:

• (a) with the Garda Commissioner for the engagement of members of the Garda Síochána below the rank of Garda Commissioner who have applied to the Commissioner to be considered for service under such arrangement;

• (b) with any police service outside the State for the engagement of police officers from that service;

• (c) with any other body for the engagement of other persons.

• (2) Arrangements under subsection (1) may provide for the persons concerned to be engaged (on contract or otherwise) for a period of temporary service with the Ombudsman Commission.

• (3) If designated by the Ombudsman Commission for the purpose of conducting an investigation under section 98 or under that section as applied by section 102F134[or 102B], a person who is a member of the Garda Síochána or another police service and who is engaged under this section for a period of temporary service with the Commission, has, in relation to that investigation, only the powers, immunities and privileges conferred and the duties imposed under sections 98 and 99.

• (4) During a period of temporary service with the Ombudsman Commission, a member of the Garda Síochána is not subject to the direction or control of the Garda Commissioner, but—

• (a) the member is entitled to continue to be paid as a member of the Garda Síochána,

• (b) the member’s service with the Commission is considered to be service with the Garda Síochána for pension, seniority and promotion purposes, and

• (c) the member is entitled to claim compensation under F135[the Garda Síochána (Compensation) Act 2022 for injuries inflicted as a result of a malicious incident within the meaning of that Act] in the course of, or in relation to, the carrying out of duties with the Commission.

75. Delegation of Ombudsman Commission’s functions.

75.— (1) Subject to subsection (2), the chairperson of the Ombudsman Commission may, in writing, delegate any of the Commission’s functions under this Act, including its functions under Part 4, to one, or more than one, of—

• (a) its members or officers, or

• (b) the persons engaged under section 74.

• (2) Functions under sections 99 and 108 may not be delegated to anyone other than a member of the Ombudsman Commission.

• (3) A delegation under this section may—

• (a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the F136[chairperson of the] Ombudsman Commission at any time.

• (4) The delegation of a function does not preclude the Ombudsman Commission from performing the function.

• (5) Where the Ombudsman Commission’s functions under a provision of this Act are delegated to a person, any references in that provision to the Commission are to be read as references to that person.

• (6) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Ombudsman Commission.

76. Grants to Ombudsman Commission.

76.— The Minister may, in each financial year, pay to the Ombudsman Commission, out of money provided by the Oireachtas, a grant of such amount as he or she, with the consent of the Minister for Finance, determines towards the expenses of the Commission in performing its functions.

77. Accounts and audit.

77.— (1) The Ombudsman Commission shall keep, in such form and in respect of such accounting periods as may be approved by the Minister with the consent of the Minister for Finance, all proper and usual accounts of money received or expended by it, including an income and expenditure account and a balance sheet.

• (2) Not later than 3 months after the end of the accounting period to which the accounts relate, the Ombudsman Commission shall submit accounts kept under this section to the Comptroller and Auditor General for audit.

• (3) Immediately after the audit, the Ombudsman Commission shall present to the Minister copies of—

• (a) the audited accounts, including the income and expenditure account, the balance sheet and such other (if any) accounts kept under this section as the Minister, after consulting with the Minister for Finance, may direct, and

• (b) the Comptroller and Auditor General’s report on the accounts.

• (4) As soon as practicable after presentation of the audited accounts and the Comptroller and Auditor General’s report, the Minister shall cause copies of them to be laid before each House of the Oireachtas.

78. Accountability of Ombudsman Commission to Committee of Public Accounts.

78.— (1) A member of the Ombudsman Commission nominated by it for the purpose shall, whenever required to do so by the Committee of Public Accounts, give evidence to that Committee on—

• (a) the regularity and propriety of the transactions recorded, or required to be recorded, in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare,

• (b) the economy and efficiency of the Commission in the use of its resources,

• (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Commission referred to in—

• (i) a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or

• (ii) any other report of the Comptroller and Auditor General that is laid before Dáil Éireann in so far as the report relates to a matter specified in any of paragraphs (a) to (c).

• (2) A member of the Ombudsman Commission who gives evidence under this section shall not—

• (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy, or

• (b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of a person.

79. Accountability to other Oireachtas committees.

79.— (1) In this section “committee” means—

• (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

• (b) a sub-committee of a committee as defined in paragraph (a).

• (2) Subject to subsection (3), a member of the Ombudsman Commission nominated by it for the purpose shall, at the written request of a committee, attend before it to give account for the general administration of the Commission.

• (3) The member of the Ombudsman Commission shall not be required to give account before a committee for any matter that is or is likely to be, the subject of proceedings before a court or tribunal in the State.

• (4) The member of the Ombudsman Commission shall, if of the opinion that subsection (3) applies to a matter about which he or she is requested to give an account before a committee, inform the committee of that opinion and the reasons for the opinion.

• (5) The information required under subsection (4) must be given to the committee in writing unless it is given when the member of the Ombudsman Commission is before the committee.

• (6) If, on being informed of the member of the Ombudsman Commission’s opinion about the matter, the committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (7), determine whether subsection (3) applies to the matter.

• (7) Either the Ombudsman Commission or the committee may apply in a summary manner to the High Court for a determination under subsection (6), but only if the application is made within 21 days after the date on which the member of the Commission is informed of the committee’s decision not to withdraw its request.

• (8) Pending the determination of an application under subsection (7), the member of the Ombudsman Commission shall not attend before the committee to give account for the matter that is the subject of the application.

• (9) If the High Court determines that subsection (3) applies to the matter, the committee shall withdraw its request in so far as it relates to the matter, but if the Court determines that subsection (3) does not apply, the member of the Ombudsman Commission shall attend before the committee to give account for the matter.

• (10) In carrying out duties under this section, a member of the Ombudsman F137[Commission] Commission shall not—

• (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy, or

• (b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of a person.

80. Various reports by Ombudsman Commission.

80.— (1) Not later than March 31 in each year, the Ombudsman Commission shall submit to the Minister a report on its activities in the immediately preceding year.

• (2) The Ombudsman Commission shall, within 2 years from the date of its establishment, submit to the Minister a report on—

• (a) the effectiveness of the Commission, and

• (b) the adequacy of the functions assigned to it by this Act.

• (3) The report submitted under subsection (2) may contain recommendations for improving the effectiveness of the Ombudsman Commission.

• (4) At the end of each 5 year period commencing with the date of its establishment, the Ombudsman Commission shall submit to the Minister a report reviewing the general performance of its functions in the preceding 5 years.

• (5) The Ombudsman Commission may make any other reports that it considers appropriate for drawing to the Minister’s attention matters that have come to its notice and that, in its opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Minister.

• (6) As soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

81. Confidentiality of information obtained by Ombudsman Commission.

81.— (1) A person who is or was a member or officer of the Ombudsman Commission or who is or was engaged under contract or other arrangement by the Commission shall not disclose, in or outside the State, information obtained in carrying out the duties of that person’s office or of his or her contract or other arrangement with the Commission if the disclosure is likely to have a harmful effect.

• (2) For the purpose of this section, the disclosure of information referred to in subsection (1) does not have a harmful effect unless it—

• (a) impedes an investigation under Part 4 or otherwise prejudices the effective performance of the Ombudsman Commission’s functions,

• (b) results in the identification of a person—

• (i) who is a complainant or the subject of a complaint, and

• (ii) whose identity is not at the time of the disclosure a matter of public knowledge,

• (c) results in the publication of information that—

• (i) relates to a person who is a complainant or the subject of a complaint or who has given evidence to the Ombudsman Commission, and

• (ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from reporting a complaint or giving evidence to the Ombudsman Commission,

or

• (d) results in the publication of F138[personal information (within the meaning of section 2(1) of the Freedom of Information Act 2014)] obtained in the course of an investigation and constitutes an unwarranted and serious infringement of a person’s right to privacy.

• (3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect.

• (4) Subsection (1) does not prohibit a person referred to in that subsection from disclosing information if the disclosure—

• (a) is made to—

• (i) the Garda Commissioner,

• (ii) the Minister,

• (iii) the Attorney General,

• (iv) the Director of Public Prosecutions,

• (v) the Chief State Solicitor,

• (vi) the Criminal Assets Bureau,

• (vii) the Comptroller and Auditor General,

• (viii) the Garda Síochána Inspectorate or an officer of the Inspectorate,

• (ix) the Revenue Commissioners, or

• (x) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of that member’s functions,

• (b) is made under Part 4 to a person in relation to—

• (i) a complaint made by the person, or

• (ii) an investigation concerning the person,

• (c) is made to a court,

• F138[(d) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act,]

• (e) is made in the course of, and in accordance with, the duties of that person’s office or employment or of his or her duties under a contract or other arrangement to work with or for the Ombudsman Commission,

• (f) is authorised by the Ombudsman Commission, or

• (g) is otherwise authorised by law.

• (5) A person who contravenes subsection (1) is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (6) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exeeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years or both.

• (7) The provisions of this section are in addition to, and not in substitution for, the provisions of the Official Secrets Act 1963.

81A. F139[Power of Ombudsman Commission to enter into agreements with law enforcement agencies or other relevant persons or bodies outside the State

81A. (1) The Ombudsman Commission may, with the prior consent of the Government, enter into an agreement with a relevant person or body for the purpose of facilitating the performance by each party to the agreement of their respective functions, which agreement may, for that purpose, provide for—

• (a) the co-operation of the parties,

• (b) the exchange of information between the parties, or

• (c) such other matters as the Ombudsman Commission thinks fit.

• (2) Subject to the General Data Protection Regulation and the Data Protection Acts 1988 to 2018, the Ombudsman Commission may, pursuant to and in accordance with the terms of an agreement under this section, provide information to, and receive information from, the other party to the agreement.

• (3) In this section—

"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ²on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

"relevant person or body" means—

• (a) a police service or other law enforcement agency outside the State, or

• (b) a person or body outside the State in whom or in which functions are vested under the law of a place other than the State that are equivalent, or similar, to the functions of the Ombudsman Commission under this or any other enactment.]

PART 4 Complaints, Investigations and other Procedures

82. Definitions (Part 4).

82.— (1) In this Part, unless the context otherwise requires—

“admissible complaint” means a complaint determined by the Ombudsman Commission under section 87 to be admissible;

“breach of discipline” means conduct specified in Schedule 5;

“complainant” means—

• (a) a person who makes a complaint,

• (b) a person on whose behalf a complaint is made, and

• (c) where a complaint is made on behalf of another by a person authorised to do so under section 83, the authorised person.

“conduct” includes any act or omission and a reference to the occurrence of any conduct includes the doing of an act or the making of an omission;

“disciplinary proceeding” means a proceeding conducted in accordance with the Disciplinary Regulations;

“Garda Commissioner” includes a Deputy Garda Commissioner or an Assistant Garda Commissioner acting in place of the Garda Commissioner under section 32;

“member of the Garda Síochána” does not include the Garda Commissioner;

“member of the public” means a person other than a member of the Garda Síochána or the Garda Commissioner;

“misbehaviour” means conduct that constitutes an offence or a breach of discipline;

“serious harm” means injury that—

• (a) creates a substantial risk of death,

• (b) causes serious disfigurement, or

• (c) causes substantial loss or impairment of mobility of the body as a whole or of the function of any particular bodily member or organ.

• (2) A reference in any provision of this Part to a designated officer of the Ombudsman Commission is to a person designated under section 73 for the purpose of performing functions F140[under the provisions] of this Part.

83. How complaints are made by members of the public.

83.— (1) Subject to section 84, a complaint concerning any conduct of a member of the Garda Síochána that is alleged to constitute misbehaviour may be made to the Ombudsman Commission—

• (a) by a member of the public who is directly affected by, or who witnesses, the conduct, or

• (b) on behalf of that member of the public, by any other person if the member of the public on whose behalf the complaint is being made consents in writing or orally to its being made or is, because of age or a mental or physical condition, incapable of giving consent.

• (2) The complaint may be made directly to the Ombudsman Commission or by stating, giving or sending it—

• (a) to the Garda Commissioner,

• (b) to any member of the Garda Síochána at a Garda Síochána station, or

• (c) to a member at or above the rank of chief superintendent at a place other than a Garda Síochána station,

for forwarding under section 85 to the Ombudsman Commission.

• (3) A complaint may be made directly to the Ombudsman Commission by stating it to an officer of the Commission or by giving or sending it to an officer or member of the Commission.

84. Time limits for making complaints.

84.— (1) A complaint must be made F141[within the period of 12 months] beginning on the date of the conduct giving rise to the complaint or within any extension of that period allowed under subsection (2).

• (2) The Ombudsman Commission may extend the time limit for making a complaint if it considers that there are good reasons for doing so.

• (3) A complaint is considered to be made as soon as it is received by—

• (a) the Ombudsman Commission, if made directly to it, or

• (b) the Garda Commissioner or a member of the Garda Síochána, if made by stating, giving or sending it as described in section 83(2) for forwarding to the Commission.

85. If complaint is made to Garda Síochána.

85.— (1) When the Garda Commissioner or a member of the Garda Síochána receives a complaint under section 83(2), he or she shall immediately—

• (a) record the complaint and the date and time of its receipt,

• (b) provide the complainant with a written acknowledgement of its receipt, and

• (c) forward to the Ombudsman Commission a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint.

• (2) If the complaint is made to a member of the Garda Síochána at a Garda Síochána station, the member in charge of the station at the time the complaint is received shall ensure that the Garda Commissioner—

• (a) is notified of the complaint, and

• (b) is sent a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint.

• (3) If the complaint is made to a member at or above the rank of chief superintendent at a place other than a Garda Síochána station, that member shall ensure that the Garda Commissioner—

• (a) is notified of the complaint, and

• (b) is sent a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint.

86. If complaint is made directly to Ombudsman Commission.

86.— (1) When the Ombudsman Commission receives a complaint directly from a person under section 83(2), an officer of the Commission shall immediately—

• (a) record the complaint and the date and time of its receipt,

• (b) provide the complainant with a written acknowledgement of its receipt, and

• (c) notify the Garda Commissioner of the complaint.

• (2) However, if it appears to the officer that the Garda Commissioner will be notified under section 88 in relation to the complaint within 24 hours after it was received by the Ombudsman Commission, the officer need not comply with subsection (1)(c) of this section.

87. Determination of whether complaint is admissible.

87.— (1) On receiving a complaint directly from a complainant or receiving a copy or record of a complaint from the Garda Commissioner or a member of the Garda Síochána, the Ombudsman Commission shall determine whether the complaint is admissible or inadmissible.

• (2) Subject to subsection (3), a complaint concerning the conduct of a member of the Garda Síochána is admissible if—

• (a) the complaint is made by or on behalf of a member of the public authorised under section 83 to make the complaint,

• (b) the conduct alleged would, if substantiated, constitute misbehaviour by the member of the Garda Síochána,

• (c) the complaint is made within the time allowed under section 84, and

• (d) the complaint is not frivolous or vexatious.

• (3) The following matters are not admissible complaints:

• (a) a complaint in so far as it relates to the general direction and control of the Garda Síochána by the Garda Commissioner;

• (b) a complaint about the conduct of a member of the Garda Síochána while the member was not on duty, unless the conduct alleged would, if proved, be likely to bring discredit on the Garda Síochána.

• (4) A complaint concerning a person who, at the time of the conduct that is the subject matter of the complaint, was a member of the Garda Síochána is not inadmissible by reason only that the person—

• (a) is, at the time the complaint is made, no longer a member, or

• (b) retires or resigns from the Garda Síochána at any time after the making of the complaint.

• (5) Nothing in this section is to be taken to limit the application of section 93.

88. Notification following determination of whether complaint is admissible.

88.— (1) On determining under section 87 that a complaint is inadmissible, the Ombudsman Commission shall—

• (a) notify, in writing, the complainant, the member of the Garda Síochána whose conduct is the subject of the complaint and the Garda Commissioner of its determination,

• (b) include in the notification the reason for the determination, and

• (c) take no further action in relation to the complaint.

• (2) On determining under section 87 that a complaint is admissible, the Ombudsman Commission shall as soon as practicable—

• (a) notify, in writing, the complainant and the Garda Commissioner of its determination, and

• (b) where the complaint was made directly to the Commission, send the Garda Commissioner a copy of the complaint or, if the complaint was not made in writing, a copy of the record of the complaint.

• (3) On being notified of an admissible complaint concerning the conduct of a member of the Garda Síochána, the Garda Commissioner shall, subject to section 89(1)(b), notify the member that a complaint has been made and specify the nature of the complaint and the name of the complainant.

89. Duty to preserve evidence relating to complaint.

89.— (1) The Garda Commissioner—

• (a) shall ensure that members of the Garda Síochána, on becoming aware of a complaint, take any lawful measures that appear to them to be necessary or expedient for the purpose of obtaining and preserving evidence relating to the conduct that is the subject matter of the complaint, and

• (b) may postpone notifying a member of the Garda Síochána whose conduct is the subject matter of the complaint until those measures are taken.

• (2) Subsection (1) applies whether or not a determination has been made under section 87 about the admissibility of the complaint.

90. Resolution of complaint by mediation or other informal means.

90.— (1) The F142[Ombudsman Commission shall, following consultation with the Garda Commissioner, issue guidelines] providing for the resolution, by mediation or other informal means, of admissible complaints other than—

• (a) complaints to which section 91 applies,

• (b) complaints about conduct that appears to constitute an offence, and

• (c) complaints determined in accordance with the guidelines not to be suitable for resolution by mediation or other informal means.

• (2) The guidelines may include provision for—

• (a) a determination to be made by the Ombudsman Commission about whether a complaint is or is not suitable for resolution by mediation or other informal means,

• (b) the persons who may attempt to mediate or otherwise resolve the complaint,

• (c) the recording of the manner in which the complaint was resolved and the complainant’s agreement to the resolution, and

• (d) any other matters that the Ombudsman Commission considers necessary or appropriate for facilitating the resolution of a complaint by mediation or other informal means.

• (3) No attempt may be made to resolve a complaint by mediation or other informal means without the consent of the complainant and the member of the Garda Síochána whose conduct is the subject matter of the complaint.

• (4) A consent given by a member of the Garda Síochána for the purpose of this section is not to be taken as an admission of any allegation made in a complaint against the member.

• (5) No answer or statement made, in the course of attempting to resolve a complaint pursuant to the guidelines, by the complainant or by the member of the Garda Síochána whose conduct is the subject matter of the complaint may—

• (a) be communicated to the Garda Commissioner or any other person (except the persons participating in the attempt to resolve the complaint), or

• (b) be used in any civil or criminal proceedings.

• (6) If a complaint is resolved pursuant to the guidelines—

• (a) the Ombudsman Commission shall notify the Garda Commissioner of the resolution of the complaint,

• (b) any record of the complaint held by the Garda Síochána shall be expunged, and

• (c) the member whose conduct was the subject matter of the complaint shall not be discriminated against by way of dismissal, reduction in rank, denial of an opportunity for promotion or otherwise by reason only of the complaint.

• (7) The F142[Ombudsman Commission may, following consultation with the Garda Commissioner, revise any guidelines issued under this section or withdraw those guidelines] and issue new guidelines.

• (8) For the purpose of subsection (5), “civil or criminal proceedings” includes disciplinary proceedings.

91. Investigation of complaints concerning death of, or serious harm to, a person.

91.— (1) If a complaint concerns the death of, or serious harm to, a person as a result of Garda operations or while in the custody or care of the Garda Síochána, the Ombudsman Commission shall immediately direct a designated officer to—

• (a) examine the complaint for the purpose of recommending whether the complaint should be investigated under section 95 or 98, and

• (b) report his or her recommendation to the Commission as soon as practicable.

• (2) On receiving the designated officer’s recommendation, the Ombudsman Commission shall either—

• (a) conduct an investigation under section 95, or

• (b) direct a designated officer of the Commission to investigate the complaint under section 98.

92. If other complaints are not resolved informally or if they warrant investigation.

92.— If an admissible complaint is not resolved pursuant to the guidelines under section 90 or is a complaint referred to in paragraphs (a) to (c) of section 90(1), the Ombudsman Commission may, as it considers appropriate—

• (a) refer the complaint to the Garda Commissioner to be dealt with in accordance with section 94,

• (b) conduct an investigation under section 95, but, subject to section 95(2), only if the conduct alleged in the complaint does not appear to constitute an offence, or

• (c) direct a designated officer of the Commission to investigate the complaint under section 98.

93. Power to discontinue investigation.

93.— (1) Notwithstanding any other provision of this Act, the Ombudsman Commission may direct that the investigation of a complaint be discontinued if—

• (a) as a result of information obtained after the complaint was determined to be admissible, the Commission considers that the complaint is frivolous or vexatious,

• (b) the Commission considers that the complaint was made in the knowledge that it was false or misleading, or

• (c) having regard to all the circumstances, the Commission considers that further investigation is not necessary or reasonably practicable.

• (2) Where a direction is made under subsection (1) in relation to a complaint, the Ombudsman Commission shall notify in writing the following of its decision and the reason:

• (a) the complainant;

• (b) the member of the Garda Síochána whose conduct was the subject matter of the complaint;

• (c) the Garda Commissioner.

94. If complaint is referred to Garda Commissioner.

94.— (1) On referral of a complaint under section 92(a), the Garda Commissioner shall—

• (a) appoint a member of the Garda Síochána to investigate the complaint under the Disciplinary Regulations, and

• (b) ensure that the appointed member has not been involved in any capacity in relation to an earlier aspect of the case.

• (2) The Ombudsman Commission may require that no appointment be made under this section without its prior approval of the member whom the Garda Commissioner proposes to appoint.

• (3) The Ombudsman Commission may decide, either on referring the complaint under section 92(a) or at any time during the investigation, to supervise the investigation of a complaint if it considers it desirable in the public interest to do so.

• (4) The Ombudsman Commission shall notify the Garda Commissioner of its intention to supervise the investigation of a complaint.

• (5) If the investigation is supervised, the Ombudsman Commission may do one or more of the following:

• (a) require the appointed member to keep it informed of the progress of the investigation;

• (b) require the appointed member to submit to it such interim reports at such times and in relation to such matters as the Commission may direct;

• (c) arrange for a designated officer of the Commission to be present during any interview conducted by the appointed member in the course of the investigation;

• (d) direct the appointed member to investigate further any aspect of the complaint.

• (6) If the investigation is supervised, the appointed member shall submit a report on the results of the investigation to the Ombudsman Commission as soon as practicable after completing the investigation and within the time limit that the Commission may specify for submission of the report.

• (7) If the Ombudsman Commission, after considering the report submitted under subsection (6), is of the opinion that a breach of the Disciplinary Regulations F143[may have been committed] by the member of the Garda Síochána whose conduct was under investigation, it shall make a report in accordance with section 97 to the Garda Commissioner.

• (8) If the Ombudsman Commission, after considering the report submitted under subsection (6), is of the opinion that the conduct under investigation may constitute an offence by the member of the Garda Síochána concerned, the Commission shall—

• (a) direct a designated officer to investigate the complaint under section 98, or

• (b) comply with section 101(2) as though the report had been made by a designated officer under section 101(1).

• (9) If the investigation is not supervised, the Garda Commissioner shall inform the Ombudsman Commission, the complainant and the member of the Garda Síochána whose conduct was under investigation of—

• (a) the results of any disciplinary proceedings instituted following the investigation or, if no such proceedings are instituted, of the results of the investigation, and

• (b) if appropriate, any action that the Garda Commissioner proposes to take in relation to that member.

• (10) If dissatisfied with the results of an unsupervised investigation or with any disciplinary proceedings instituted as a result of that investigation, the complainant may request the Ombudsman Commission to review the matter.

• (11) Following a review of the matter, the Ombudsman Commission may—

• (a) request the Garda Commissioner to review the investigation of the complaint and to report back to it concerning any further action that he or she proposes to take in the matter, or

• (b) if it considers it necessary to do so, either investigate the complaint under section 95 or direct a designated officer of the Commission to investigate the complaint under section 98.

• (12) Nothing in this section prevents the Ombudsman Commission from deciding at any time to take over the investigation of a complaint referred by it to the Garda Commissioner.

95. Investigation by Ombudsman Commission of complaints that do not appear to involve offences.

95.— (1) If the Ombudsman Commission decides to investigate a complaint about conduct that does not appear to constitute an offence, it shall give the complainant and the member of the Garda Síochána concerned an opportunity—

• (a) to be heard, in person or by a legal representative, and

• (b) to present evidence and make submissions to the Commission.

• (2) Subsection (1) applies also in relation to a complaint about conduct that appears to constitute an offence, but that is determined on investigation under section 98 not to constitute an offence.

• (3) Subject to this section, the Ombudsman Commission may make rules governing the procedure to be followed in investigations under this section.

• (4) As soon as practicable after the conclusion of an investigation under this section, the Ombudsman Commission shall make a report in accordance with section 97 to the Garda Commissioner.