Garda Síochána Act 2005

• (5) An investigation of a matter under this section does not preclude the subsequent investigation of the matter under section 98.

96. Powers relating to investigation under section 95 .

96.— (1) For the purpose of an investigation under section 95, the Ombudsman Commission—

• (a) may require a person who, in its opinion, possesses information or has a document or thing in his or her power or control that is relevant to the investigation, to provide that information, document or thing to the Commission, and

• (b) where appropriate, may require that person to attend before the Commission for that purpose,

and the person shall, subject to subsection (4), comply with the requirement.

• (2) A requirement under subsection (1) shall specify—

• (a) a period within which the person is to comply with the requirement, and

• (b) as appropriate—

• (i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the document or thing concerned, or

• (ii) the place to which the person shall send the information, document or thing concerned.

• (3) A person required to attend before the Ombudsman Commission under subsection (1)—

• (a) shall answer fully and truthfully any question put to him or her by the Commission, and

• (b) if so requested by the Commission, shall sign a declaration of the truth of his or her answer to the question.

• (4) A person may not be required under subsection (1)(a) or (3)(a) to provide any information, document or thing that is designated, or is of a class designated, under section 126 as relating to the security of the State, except in accordance with a direction of the Minister.

• (5) If a person required under subsection (1)(a) or (3)(a) to provide any information, document or thing claims that subsection (4) applies in relation to the matter, the Ombudsman Commission shall refer the matter to the Minister.

• (6) If the Minister determines that the disclosure of all or part of the information, document or thing specified in the requirement would not be prejudicial to the security of the State or that its disclosure is necessary for the proper investigation of a matter concerning the death of, or serious harm to, a person as a result of Garda operations or while in the care or custody of the Garda Síochána, the Minister may issue a direction—

• (a) specifying that all or part, as the case may be, of the document, information or thing be disclosed, and

• (b) imposing any conditions or restrictions relating to the security of the State that the Minister considers appropriate.

• (7) If it appears to the Ombudsman Commission that a person has failed to comply with a requirement under subsection (1)(a) or (3)(a) for any reason other than one relating to the security of the State, the Commission may apply to the Circuit Court for an order under subsection (8).

• (8) If satisfied after hearing the application about the person’s failure to comply with the requirement in question, the Circuit Court may, subject to subsection (9), make an order requiring that person to comply with the requirement.

• (9) If the Circuit Court is of opinion that the requirement in question purports to require the person concerned to provide any information, document or thing—

• (a) in respect of which he or she is entitled to claim legal professional privilege, or

• (b) the disclosure of which would—

• (i) jeopardise a person’s safety, or

• (ii) for any other reason not be in the public interest,

the Court shall, to that extent, set aside, vary or attach conditions to the requirement.

• (10) Any information, document or thing provided by a person in accordance with a requirement under subsection (1)(a) or (3)(a) or with a direction under subsection (6) is not admissible against that person in criminal proceedings and this shall be explained to the person in ordinary language by the Ombudsman Commission.

• (11) A person who fails to comply with a direction under subsection (6) or an order under subsection (8) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (12) An application under subsection (7) to the Circuit Court shall be made to a judge of the Circuit Court for—

• (a) the circuit in which the respondent resides or ordinarily carries on any profession, business or occupation, or

• (b) if the respondent is a member of the Garda Síochána, the circuit in which that member is stationed.

• (13) For the purpose of subsection (10), “criminal proceedings” does not include disciplinary proceedings.

97. Report following investigation under section 94 or 95.

97.— (1) The Ombudsman Commission shall include in its report under section 94(7) or 95(4) to the Garda Commissioner—

• (a) a statement of the facts established by the investigation under section 94 or 95 into the conduct of the member of the Garda Síochána who is the subject of the report,

• (b) a recommendation about whether or not disciplinary proceedings should be instituted under the Disciplinary Regulations against that member,

• (c) a statement of the reasons for the recommendation, and

• (d) if the Commission recommends that those proceedings should be instituted, the particulars relating to the proceedings that the Commission considers appropriate.

• (2) In any disciplinary proceedings instituted in accordance with a recommendation in a report referred to in subsection (1), a document that purports to be that report—

• (a) is evidence of the facts stated in the document unless the contrary is proved, and

• (b) is deemed to be such document unless the contrary is proved.

• (3) The Ombudsman Commission is entitled to be notified of a decision made under the Disciplinary Regulations concerning the member of the Garda Síochána who is the subject of the report.

98. Powers of designated officers of Ombudsman Commission for purpose of investigating complaints that appear to involve offences.

98.— (1) If directed by the Ombudsman Commission under section 91(2)(b), 92(c), 94(8)(a) or 94(11)(b) to investigate a complaint under this section, a designated officer has F144[…] for the purposes of the investigation all the powers, immunities and privileges conferred and all the duties imposed on any member of the Garda Síochána by or under any enactment or the common law, including those relating to the following matters:

• (a) the entry and search of any place (other than a Garda Síochána station) pursuant to a warrant issued in accordance with law and the seizure of things authorised by the warrant;

• (b) the arrest, with or without a warrant, of a person;

• (c) the bringing of a charge against a person;

• (d) the issue of a summons to a person;

• (e) the search of a person and the taking of his or her photograph, fingerprints and palmprints;

• (f) the detention and questioning of a person;

• (g) the taking of bodily samples or other things from a person for the purpose of forensic testing.

• (2) For the purpose of subsection (1), an enactment conferring a power, immunity or privilege or imposing a duty on a member of the Garda Síochána in relation to any of the matters specified in that subsection applies with the following modifications and any other necessary modifications:

• (a) subject to paragraph (c), a reference in the enactment to a member of the Garda Síochána is to be read as a reference to a designated officer of the Ombudsman Commission;

• (b) a reference in section 4 of the Criminal Justice Act 1984 or in the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987) to a member in charge of a Garda Síochána station is to be read as a reference to a designated officer of the Ombudsman Commission;

• (c) a reference in the enactment to a member of the Garda Síochána not below the rank of inspector is to be read as a reference to a member of the Ombudsman Commission.

• (3) Any person who delays, obstructs or interferes with a designated officer in the exercise of the powers conferred or the carrying out of the duties imposed under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

• (4) An investigation of a matter under this section does not preclude the subsequent investigation of the matter under section 95.

• (5) For the purposes of this section—

F145[“enactment” means a statute or statutory instrument, whether passed or made before or after the passing of this Act or any portion of such a statute or statutory instrument, but does not include any provision of the Offences against the State Acts 1939 to 1998;]

“place” includes a dwelling.

99. Search of Garda Síochána station.

99.— (1) Subject to this section, a designated officer directed by the Ombudsman Commission to investigate a complaint under section 98 may carry out a search of a Garda Síochána station in accordance with an authorisation issued F146[…] by the Commission.

• (2) Subject to subsection (3), the Ombudsman Commission may issue to a designated officer an authorisation to search a Garda Síochána station, if the Commission is satisfied that the officer—

• (a) with reasonable cause, suspects the member under investigation to be guilty of an offence, and

• (b) has reasonable grounds for suspecting that evidence of, or relating to, the commission of the offence is to be found in the station or in the possession of any person to be found there.

• (3) Before issuing an authorisation to search a Garda Síochána station designated by regulation under section 126 as one that, for reasons relating to the security of the State, may not be searched except to the extent specified in a direction of the Minister, the Ombudsman Commission shall notify the Garda Commissioner and the Minister of its intention to issue the authorisation.

• (4) If, on being informed of the intention to issue the authorisation, the Garda Commissioner informs the Ombudsman Commission that he or she objects to the search of the designated Garda Síochána station on grounds relating to the security of the State, the Garda Commissioner shall immediately request the Minister to consider the objection.

• (5) If satisfied, after considering the objection and any submission made by the Ombudsman Commission concerning the objection, that the search of a document storage facility in the designated Garda Síochána station or of a part of that station would not be prejudicial to the security of the State or that such search is necessary for the proper investigation of a matter concerning the death of, or serious harm to, a person as a result of Garda operations or while in the care or custody of the Garda Síochána, the Minister shall issue directions specifying the part of the document storage facility or the part of the station that may be searched.

• (6) A direction under subsection (5) may contain any conditions or restrictions relating to the search that the Minister considers necessary in the interests of the security of the State.

• (7) Subject to any directions under subsection (5), an authorisation issued under this section permits a designated officer, accompanied by any other designated officer, to—

• (a) enter, within one week after the date specified on the authorisation, the Garda Síochána station specified on the authorisation,

• (b) search that station and any persons found there, and

• (c) seize anything found in that station, or found in the possession of a person present in the station at the time of the search, that the designated officer reasonably believes to be evidence of, or relating to, the commission of the offence in question.

• (8) A designated officer acting under an authorisation issued under this section may—

• (a) require any person present at the Garda Síochána station where the search is carried out to give to the officer his or her name and address, and

• (b) arrest without warrant any person who—

• (i) obstructs or attempts to obstruct the officer, or any other designated officer accompanying the officer, in carrying out his or her duties,

• (ii) fails to comply with a requirement under paragraph (a), or

• (iii) gives a name or address that the officer has reasonable cause for believing is false or misleading.

• (9) A person who—

• (a) obstructs or attempts to obstruct a designated officer acting under an authorisation issued under this section,

• (b) fails to comply with a requirement under subsection (8)(a), or

• (c) gives a false name or address to that officer,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a period not exceeding 6 months or both.

• (10) In this section—

“commission”, in relation to an offence, includes an attempt to commit the offence;

“document storage facility” means any place or thing or part of a place in which documents are held or stored manually, mechanically or electronically;

“Garda Síochána station” means any premises where a member of the Garda Síochána is stationed.

100. Designated judge to oversee operation of certain provisions.

100.— (1) After consulting with the Minister, the President of the High Court shall invite a judge of the Court to undertake (while serving as a judge) the functions specified in subsection (3), and, if the invitation is accepted, the Government shall designate the judge for the purpose of performing those functions.

• (2) The designated judge holds office in accordance with the terms of his or her designation.

• (3) The functions of the designated judge are—

• (a) to keep under review the operation of sections 96(4) to (6) and 99(3) to (5) of this Act and of any regulations under section 126, and

• (b) to report to the Taoiseach from time to time concerning any matters relating to the operation of those sections or regulations that the judge considers should be reported.

• (4) For the purpose of performing his or her functions, the designated judge—

• (a) may investigate any case in which a direction is issued by the Minister under section 96 or 99,

• (b) is entitled to access to and may inspect any documents relating to that direction and any notification by the Garda Commissioner requesting the direction, and

• (c) is entitled to access to any Garda Síochána station designated by regulation under section 126, as a place in which documents relating to the security of the State are stored and may inspect any document storage facility or documents in the station.

• (5) Any person who was concerned in, or has information relevant to—

• (a) a matter referred to the Minister under section 96(5),

• (b) an objection under section 99(4) to the search of a Garda Síochána station on grounds relating to the security of the State,

• (c) a direction of the Minister concerning a matter referred to in paragraph (a) or an objection referred to in paragraph (b),

shall, at the request of the designated judge, give him or her any information that the person has relating to that matter, objection or direction.

• (6) The Taoiseach shall ensure that a copy of a report under subsection (3) is laid before each House of the Oireachtas together with a statement of whether any matter has been excluded under subsection (7) from the report.

• (7) If the Taoiseach considers, after consulting with the designated judge, that the publication of any matter in a report copies of which are to be laid before the Houses of the Oireachtas under subsection (6) would be prejudicial to the security of the State, the Taoiseach may exclude the matter from those copies.

101. Report following investigation under section 98 .

101.— (1) On completing an investigation under section 98, the designated officer concerned shall report in writing to the Ombudsman Commission the results of the investigation.

• (2) If the Ombudsman Commission, after considering the designated officer’s report, is of the opinion that the conduct under investigation may constitute an offence by the member of the Garda Síochána concerned, it shall—

• (a) send a copy of the report and of the investigation file to the Director of Public Prosecutions together with any recommendations that appear to the Commission to be appropriate, and

• (b) at the Director’s request, provide him or her with any other information relating to the investigation that appears to the Director to be necessary for performing his or her functions under the Prosecution of Offences Act 1974.

• (3) The Director of Public Prosecutions shall inform the Ombudsman Commission of—

• (a) a decision of the Director about whether or not to institute a prosecution in relation to the conduct that is the subject of a report received from the Commission under subsection (2), and

• (b) if a prosecution is instituted, the progress of the prosecution and whether it results in the conviction or acquittal of the member of the Garda Síochána whose conduct was the subject of the report.

• (4) Subsection (2) is not to be taken to limit the power of the Ombudsman Commission to forward to the Director of Public Prosecutions at any time a report on a complaint that, in its opinion, discloses the commission of an offence.

• (5) If a member of the Garda Síochána is convicted of an offence in respect of a matter reported to the Director of Public Prosecutions under this section or if the Director decides not to institute a prosecution in relation to that matter, the Ombudsman Commission is not precluded from conducting or continuing an investigation into the matter under section 95 by reason only that the conduct under investigation is in substance the same as the conduct constituting the offence of which the member is convicted or in respect of which no prosecution is instituted.

• (6) If, after considering the designated officer’s report, the Ombudsman Commission is not of the opinion referred to in subsection (2) but it considers that the complaint warrants investigation under section 94 or 95, it may proceed in accordance with either of those sections as appropriate.

• (7) If, after considering the designated officer’s report, the Ombudsman Commission is of the opinion that it discloses no misbehaviour by the member of the Garda Síochána concerned, the Commission shall take no further action in relation to the complaint.

101A. F147[Performance of functions by designated officers of Ombudsman Commission under Coroners Act 1962

101A. (1) The Ombudsman Commission may, in connection with the investigation of a complaint or matter under this Part that concerns the death of a person, direct a designated officer of the Commission—

• (a) to perform the functions conferred on such an officer by the Coroners Act 1962 in relation to the inquiry by a coroner into the death of the person under that Act, and

• (b) to provide to the coroner, at his or her request, such assistance with regard to the holding of an inquest in relation to the death of that person as would be provided by a member of the Garda Síochána in the case of any other inquest under that Act,

and a designated officer so directed shall perform those functions and provide such assistance whether or not the investigation under this Part is completed.

• (2) A designated officer of the Ombudsman Commission has, for the purposes of performing the functions of such an officer referred to in paragraph (a) of subsection (1) and of providing the assistance referred to in paragraph (b) of that subsection, all the powers, immunities and privileges conferred and all the duties imposed on a member of the Garda Síochána by or under any enactment or the common law.

• (3) In this section ‘enactment’ has the meaning it has in section 98.]

102. Other investigations by Ombudsman Commission.

102.—(1) The Garda Commissioner shall refer to the Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person.

• (2) The Ombudsman Commission shall ensure that the following matters are investigated:

• (a) any matter referred to the Commission under subsection (1);

• (b) any matter that appears to the Commission to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person.

• (3) The provisions of this Part relating to investigations and reports apply with the necessary modifications in relation to a matter referred to in subsection (2) of this section as if the matter were the subject of a complaint referred to in section 91.

• (4) The Ombudsman Commission may, if it appears to it desirable in the public interest to do so and without receiving a complaint, investigate any matter that appears to it to indicate that a member of the Garda Síochána may have—

(a)committed an offence, or

• (b) behaved in a manner that would justify disciplinary proceedings.

• F148[(4A) The Authority may, if it appears to it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter relating to policing services that gives rise to a concern that a member of the Garda Síochána may have done anything referred to in subsection (4), and the Commission shall investigate that matter.]

• (5) The Minister may, if he or she considers it desirable in the public interest to do so, request the Ombudsman Commission to investigate F149[any matter that gives rise to a concern] that a member of the Garda Síochána may have done anything referred to in subsection (4), and the Commission shall investigate the matter.

• F150[(5A) The Ombudsman Commission may investigate a matter under F151[subsection (4), (4A) or (5)] even if—

• (a) the identity of the member of the Garda Síochána concerned may not be known when the investigation is undertaken, or

• (b) the offence or behaviour concerned may also involve or have involved a person who is not a member of the Garda Síochána.]

• (6) The provisions of this Part relating to investigations and reports apply with the necessary modifications in relation to a matter referred to in F151[subsection (4), (4A) or (5)] of this section as though that matter were the subject of a complaint other than one referred to in section 91.

• F152[(7) Notwithstanding subsections (4A) and (5) —

• (a) the Authority may refer to the Ombudsman Commission any matter relating to policing services, and

• (b) the Minister may refer to the Ombudsman Commission any matter,

that gives rise to a cause for concern that a member of the Garda Síochána may have done anything referred to in subsection (4) for the Commission to consider whether the matter is one that it should investigate under that subsection.]

102A. F153[Protected disclosures relating to the Garda Síochána

102A.—(1) Where a disclosure relating to the Garda Síochána is disclosed to the Ombudsman Commission as a prescribed person under section 7 of the Protected Disclosures Act 2014 in respect of disclosures so relating, it may, if it appears to it desirable in the public interest to do so, investigate the disclosure, even if the worker (within the meaning of that Act) making the disclosure is a member of the Garda Síochána.

• (2) The provisions of this Part relating to investigations and reports apply with the necessary modifications in relation to a relevant wrongdoing to which a disclosure referred to in subsection (1) relates as though it were the subject of a complaint referred to in section 91.]

102B. F154[Investigation of matters relating to Garda Commissioner by Ombudsman Commission

102B. (1) The Ombudsman Commission may, if it appears to it desirable in the public interest to do so and subject to the consent of the Minister given with the approval of the Government, investigate any matter that gives rise to a concern that the Garda Commissioner may have—

• (a) committed an offence, or

• (b) behaved in a manner that would constitute serious misconduct.

• F155[(1A) The Authority may, if it appears to it desirable in the public interest to do so and subject to the consent of the Minister, request the Ombudsman Commission to investigate any matter that gives rise to a concern that the Garda Commissioner may, in the performance of his or her functions relating to policing services, have done anything referred to in subsection (1), and the Commission shall investigate that matter.]

• (2) The Minister may, with the approval of the Government and if he or she considers it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter that gives rise to a concern that the Garda Commissioner may have done anything referred to in subsection (1), and the Commission shall investigate that matter.

• (3) The Minister may, with the approval of the Government, for stated reasons refuse to consent to an investigation by the Ombudsman Commission of F156[any matter under subsection (1)].

• F155[(3A) If the Minister refuses to consent to the Authority making a request for an investigation by the Ombudsman Commission under subsection (1A), he or she shall inform the Authority of his or her reasons for the refusal.]

• F155[(3B) The Minister shall issue a directive to a Deputy Garda Commissioner or an Assistant Garda Commissioner requiring him or her to take any lawful measures that appear to him or her to be necessary or expedient for the purposes of—

• (i) preserving evidence relating to the conduct of the Garda Commissioner that is the subject of an investigation of a matter under subsection (1), (1A) or (2), and

• (ii) facilitating the Ombudsman Commission to obtain that evidence.

• (3C) A Deputy Garda Commissioner or an Assistant Garda Commissioner to whom a directive is issued under subsection (3B) shall comply with the directive.]

• (4) The Ombudsman Commission may, for the purposes of an investigation of F156[a matter under subsection (1), (1A) or (2)], direct a designated officer of the Commission to investigate the matter under section 98 and, for that purpose, the reference in section 98(1) to section 91(2)(b), 92(c), 94(8)(a) or 94(11)(b) to investigate a complaint shall be read as a reference to this subsection to investigate F156[a matter under subsection (1), (1A) or (2)], as the case may be.

• (5) Sections 95, 96, 99 and 101 shall apply to F156[an investigation under subsection (1), (1A) or (2)] by the Ombudsman Commission of a matter relating to the conduct of the Garda Commissioner as they apply to a matter that is the subject of a complaint concerning the conduct of a member of the Garda Síochána (other than the Garda Commissioner) with the following and any other necessary modifications:

• (a) in section 95, the substitution of the following subsection for subsection (4):

• “(4) As soon as practicable after the conclusion of an investigation under this section, the Ombudsman Commission shall report to the Minister on the investigation.”;

• (b) in section 101(6), the substitution of “investigation under section 95, it may proceed in accordance with that section” for “investigation under section 94 or 95, it may proceed in accordance with either of those sections as appropriate”.]

103. Duty to keep certain persons informed.

103.— (1) The Ombudsman Commission shall provide the following persons with sufficient information to keep them informed of the progress and results of an investigation under this Part:

• (a) if the investigation resulted from a complaint—

• (i) the complainant,

• (ii) the member of the Garda Síochána whose conduct is the subject matter of the complaint,

• (iii) the Garda Commissioner, and

• (iv) any other person that the Commission considers has a sufficient interest in the matter;

• (b) if the investigation is one to which section 102 applies—

• (i) the member of the Garda Síochána whose conduct is the subject matter of the investigation F157[if his or her identity is known],

• (ii) the Garda Commissioner,

• (iii) the Minister, and

• (iv) any other person that the Commission considers has F158[a sufficient interest in the matter;]

• F159[(c) if the investigation is one to which section 102B applies—

• (i) the Garda Commissioner,

• (ii) the Authority,

• (iii) the Minister, and

• (iv) any other person that the Commission considers has a sufficient interest in the matter.]

• (2) The duties imposed by subsection (1) do not extend to requiring the Ombudsman Commission to provide information the disclosure of which would, in its opinion—

• (a) prejudice a criminal investigation or prosecution,

• (b) jeopardise a person’s safety, or

• (c) for any other reason not be in the public interest.

103A. F160[Provision of information to Ombudsman Commission

103A. The Garda Commissioner shall ensure that information to be provided by the Garda Síochána to the Ombudsman Commission for the purposes of an investigation by the Commission of a complaint, or an investigation by the Commission of any matter under section 102 or 102B, is so provided as soon as practicable.]

104. Extension of time limit for instituting summary proceedings for offences.

104.— Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings in respect of a matter relating to an offence reported to the Director of Public Prosecutions under this Act may be instituted F161[within 18 months from the date of the offence].

105. Same conduct may form basis for complaint or charge.

105.— (1) Nothing in this Act precludes a member of the Garda Síochána from charging another member with an offence, even though the conduct to which the offence relates could be the subject matter of a complaint or investigation under this Part.

• (2) However, if a complaint has been made concerning the conduct of a member of the Garda Síochána, the member may not be charged with an offence relating to that conduct except by or with the consent of the Director of Public Prosecutions.

106. Examination of certain practices, policies and procedures of Garda Síochána.

F162[106. (1) For the purpose of preventing complaints arising in relation to a practice, policy or procedure of the Garda Síochána or of reducing the incidence of such complaints, the Ombudsman Commission—

• (a) may, if it considers it appropriate to do so, or

• (b) shall, if so requested by—

• (i) the Minister within such period as he or she may specify in the request, or

• (ii) the Authority, in respect of any matter relating to policing services, within such period as it may specify in the request,

examine the practice, policy or procedure.

• (2) The Minister shall notify the Authority of a request made by him or her under subsection (1)(b).

• (3) The Authority shall notify the Minister of a request made by it under subsection (1)(b).

• (4) The Ombudsman Commission shall, before commencing an examination of a practice, policy or procedure under subsection (1), inform the Garda Commissioner in writing of—

• (a) if appropriate, the nature of a request from the Minister under subsection (1)(b)(i) or the Authority under subsection (1)(b)(ii), as the case may be,

• (b) the specific practice, policy or procedure to be examined under subsection (1), and

• (c) the reasons for the examination.

• (5) The Ombudsman Commission shall—

• (a) report to—

• (i) the Minister as soon as practicable or, if appropriate, within such period as the Minister specifies in his or her request under subsection (1)(b) (i), or

• (ii) the Authority as soon as practicable or, if appropriate, within such period as the Authority specifies in its request under subsection (1)(b) (ii),

as the case may be, on the results of the examination,

• (b) include in the report any recommendations of the Commission for achieving the purpose referred to in subsection (1) in relation to the practice, policy or procedure examined, and

• (c) provide the Garda Commissioner with a copy of the report.

• (6) The Authority shall, as soon as practicable, provide the Minister with a copy of any report received by it under subsection (5)(a).

• (7) The Minister may, if he or she considers it appropriate to do so having regard to the functions of the Authority under this Act, provide the Authority with a copy of any report received by him or her under subsection (5)(a).

• (8) Subject to subsection (9), the Minister shall cause copies of any reports received by him or her under subsection (5) or (6) to be laid before the Houses of the Oireachtas.

• (9) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas under subsection (8) any matter which, in his or her opinion—

• (a) would be prejudicial to the interests of national security, or

• (b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.]

107. Duties and powers relating to examination of practices, policies and procedures.

107.— (1) The Garda Commissioner shall supply the Ombudsman Commission with such information and documents as the Commission may require for the purpose of, or in connection with, an examination under section 106.

• (2) The duty to supply information and documents under subsection (1) does not apply to any information or document, or a class of information or document, in respect of which the Garda Commissioner determines with the Minister’s consent that its disclosure would—

• (a) prejudice a criminal investigation or prosecution,

• (b) prejudice the security of the State, or

• (c) jeopardise the safety of a person.

108. Protocols.

108.— As soon as practicable after the commencement of this section, the Ombudsman Commission and the Garda Commissioner shall, by written protocols, make arrangements concerning the following matters:

• (a) the use of detention facilities at Garda Síochána stations by designated officers of the Ombudsman Commission for the purpose of exercising their powers and carrying out their duties under section 98;

• (b) the application of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Stations) Regulations 1987 (S.I. No. 119 of 1987) when those detention facilities are used by designated officers for the purpose referred to in paragraph (a);

• (c) the handling of any investigations by the Ombudsman Commission under this Act that coincide with investigations by the Garda Síochána into the same matters;

• (d) the sharing with each other of information (including evidence of offences) obtained by either the Ombudsman Commission or the Garda Commissioner.

109. Judicial inquiry into conduct of designated officers of Ombudsman Commission.

109.— (1) After consulting with the Ombudsman Commission, the Minister may request the Chief Justice to invite a judge to inquire (while serving as a judge) into the conduct of a designated officer in performing functions under section 98 or 99 in relation to any investigation under this Part.

• F163[(2) The Chief Justice may invite—

• (a) a judge of the Supreme Court,

• (b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

• (c) with the consent of the President of the High Court, a judge of the High Court,

to conduct the inquiry and, if the invitation is accepted, the Chief Justice shall appoint that judge to conduct the inquiry.]

• (3) The appointed judge’s terms of reference shall be specified in the request and may relate to the designated officer’s conduct either on a particular occasion or in general in performing functions under section 98 or 99.

• (4) The appointed judge may conduct the inquiry in the manner he or she thinks proper, whether by examining witnesses or otherwise, and may, in particular, conduct any proceedings relating to the inquiry otherwise than in public.

• (5) For the purpose of the inquiry, the appointed judge has the powers, rights and privileges vested in a judge of the High Court on the hearing of an action, including the power to—

• (a) enforce the attendance of witnesses, and

• (b) compel the production of records.

• (6) On completing the inquiry, the appointed judge shall report its results to the Minister who shall forward a copy of the report to the Ombudsman Commission for such action as it considers appropriate in the circumstances.

110. Offence of providing false or misleading information.

110.— (1) A person who, in relation to a complaint or investigation under this Part, provides to the Ombudsman Commission information that the person knows to be false or misleading is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (2) A prosecution for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions on the referral of the matter to the Director by the Ombudsman Commission.

111. Transitional provision relating to complaints under Garda Síochána (Complaints) Act 1986.

111.— (1) In this section “former Act” means the Garda Síochána (Complaints) Act 1986.

• (2) Where an investigation under section 6 of the former Act of a complaint made under that Act has not commenced before the repeal of that section pursuant to this Act, the complaint is deemed to have been made under this Act.

• (3) Where an investigation under section 6 of the former Act into a complaint made under that Act has commenced before the repeal of that section pursuant to this Act but all matters relating to the complaint have not been completed before the repeal, the former Act continues to apply in relation to the complaint as though no provision of that Act had been repealed.

• (4) For the purpose of this section, an investigation under section 6 of the former Act commences when a member of the Garda Síochána is appointed under that section to investigate a complaint made under that Act.

112. Qualified privilege for certain statements and publications.

112.— (1) A statement made in any form and without malice at a meeting or hearing of the Ombudsman Commission by any of its members or officers is privileged for the purposes of the law of defamation, and so is any subsequent publication of the statement made without malice.

• (2) Where the statements in a document of, or in a report by, the Ombudsman Commission or any of its members or officers are made without malice, the subsequent publication of the document or report is privileged for purposes of the law of defamation.

• (3) For the purposes of this section, a statement made by, or a document or report of, a person to whom a function is delegated under section 75 is deemed to be—

• (a) a statement made by a member of the Ombudsman Commission, or

• (b) a document of, or a report made by, the Commission,

if the statement, document or report, as the case may be, is connected with the performance of the delegated function.

PART 5 Establishment and Functions of Garda Síochána Inspectorate

113. Establishment day.

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

• (2) An order under this section shall be laid before each House of the Oireachtas.

114. Establishment of Garda Síochána Inspectorate.

114.— On the establishment day, a body to be known as Cigireacht an Garda Síochána or, in the English language, the Garda Síochána Inspectorate stands established to perform the functions assigned to it by this Act.

115. Membership of Inspectorate.

115.— (1) The Garda Síochána Inspectorate shall consist of 3 members, to be appointed by the Government.

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

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

• (4) A person shall not be appointed as a member unless it appears to the Government that the person is suitable for the appointment by reason of—

• (a) his or her service as a senior officer or retired such officer in the police service of another state, or

• (b) having otherwise obtained such relevant experience, qualifications, training or expertise as, in the opinion of the Government, is or are appropriate having regard, in particular, to the functions of the Inspectorate.

• (5) A person is not eligible to be appointed under this section if he or she is or has been a member of the Garda Síochána.

• (6) The first appointment of persons to be members of the Inspectorate becomes effective on the establishment day.

116. Terms and conditions of office.

116.— (1) A member of the Garda Síochána Inspectorate holds office for the period determined by the Government at the time of appointment.

• (2) A member is eligible for reappointment.

• (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 Minister, with the consent of the Minister for Finance, at the time of appointment or reappointment.

• (4) A member may at any time resign his or her office by letter addressed to the Minister, and the resignation takes effect on the date of receipt of the letter.

• (5) A member may be removed from office by the Government for stated misbehaviour or if, in its opinion, the member has become incapable through ill-health of effectively performing the duties of the office.

• (6) Whenever a vacancy occurs in the membership of the Inspectorate caused by the resignation, removal from office or death of a member, the vacancy is to be filled by appointment in accordance with section 115.

• (7) A member who is appointed to fill any such vacancy holds office for the remainder of the term of office of the replaced member.

• (8) The Inspectorate may act notwithstanding any such vacancy or any resulting non-compliance with section 115(3).

117. Objective and functions.

117.— (1) The objective of the Garda Síochána Inspectorate is to ensure that the resources available to the Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best standards of comparable police services.

• F164[(2) The functions of the Inspectorate are—

• (a) in furtherance of its objective to carry out, if it considers it appropriate to do so or at the request of—

• (i) the Authority in respect of a matter relating to policing services, or

• (ii) the Minister,

inspections or inquiries in relation to any particular aspects of the operation and administration of the Garda Síochána,

• (b) to submit to the Authority or the Minister, as the case may be—

• (i) a report on those inspections or inquiries, and

• (ii) if required by—

• (I) the Authority in relation to policing services, or

• (II) the Minister,

as the case may be, a report on the operation and administration of the Garda Síochána during a specified period and on any significant developments in that regard during that period,

and

• (c) to provide advice to the Authority and the Minister with regard to best policing practice.]

• (3) Any report prepared under subsection (2)(b) shall, where appropriate, contain recommendations for any action that the Inspectorate considers necessary.

• F165[(3A) The Authority shall notify the Minister of a request made by it under subsection (2)(a) and shall, as soon as practicable, provide the Minister with a copy of any report received by it under subsection (2)(b).

• (3B) The Minister shall notify the Authority of a request made by him or her under subsection (2)(a) and may, if he or she considers it appropriate having regard to the functions of the Authority under this Act, provide the Authority with a copy of any report received by him or her under subsection (2)(b).]

• (4) Subject to subsection (5), the Minister shall cause copies of any reports received by him or her under F166[subsection (2)(b) or (3A)] to be laid before the Houses of the Oireachtas.

• (5) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas any matter which, in his or her opinion—

• (a) would be prejudicial to the interests of national security, or

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

• (6) The Inspectorate, with the approval of the Minister, may arrange—

• (a) F167[with such police service or] police service outside the State for the engagement of police officers from that service, or

• (b) with any other body for the engagement of other persons, for the provision of consultancy or advisory services in connection with the performance of its functions.

• (7) Subject to this Act, the Inspectorate shall be independent in the performance of its functions.

117A. F168[Recommen-dations in Inspectorate report

117A.(1) The Minister or the Authority, as may be appropriate, may monitor and assess the measures taken by the Garda Síochána in relation to the recommendations contained in a report prepared by the Garda Síochána Inspectorate and submitted to the Minister or the Authority under section 117(2)(b).

• (2) Without prejudice to subsection (1), the Minister may request the Authority to monitor and assess the measures taken by the Garda Síochána in relation to such of the recommendations contained in a report prepared by the Garda Síochána Inspectorate, and submitted to the Minister or the Authority under section 117(2)(b), as the Minister may specify in the request.

• (3) The Garda Commissioner shall supply the Minister and the Authority with such information and documents as the Minister or the Authority, as the case may be, may require for the purposes of this section.

• (4) The Authority shall, as soon as practicable after a request to it under subsection (2), submit to the Minister a report on the matter the subject of the request and may include in the report any other matter connected with the subject matter of the request that it considers should be brought to the attention of the Minister.]

118. Co-operation with Inspectorate.

118.— (1) As soon as practicable after the commencement of this section the Inspectorate and the Garda Commissioner shall by written protocols, make arrangements to ensure that the Inspectorate receives any information requested by it which is in the possession of the Garda Síochána and which, in the opinion of the Inspectorate, is necessary for the performance of its functions.

• (2) Nothing in any other enactment prohibits disclosure of relevant factual information either to or by the Inspectorate.

• (3) The Inspectorate, members of its staff, or any persons providing consultancy or other services to it shall not disclose, in or outside the State, other than in accordance with this Act, any information obtained by it or by such members or persons.

• (4) A person who contravenes subsection (3) 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.

• (5) Subsection (3) is in addition to, and not in substitution for, the relevant provisions of the Official Secrets Act 1963.

119. Provision of services to Inspectorate.

119.— (1) Such funds, premises, facilities, services and staff as may be necessary for the proper functioning of the Garda Síochána Inspectorate shall be provided to it by the Minister with the consent of the Minister for Finance.

• (2) The Minister may appoint such and so many persons to be members of the staff of the Inspectorate as he or she considers necessary to assist the Inspectorate in the performance of its functions.

• (3) Such persons shall be appointed on such terms and subject to such conditions and shall receive such remuneration as the Minister may, with the consent of the Minister for Finance, determine.

120. Accountability to Oireachtas committees.

120.— (1) The Chief Inspector shall, at the written request of a committee of either or both of the Houses of the Oireachtas (other than the Committee of Public Accounts) in connection with the subject matter of any report of which copies were laid before those Houses under section 117(4), attend before it in relation to any aspect of that matter.

• (2) In carrying out his or her duties under this section, the Chief Inspector 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 or objectives of such policy, or

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

PART 6 Regulations and Miscellaneous Provisions

121. General power to make regulations.

121.— (1) The Minister may, with the approval of the Government—

• (a) by regulation provide for any matter referred to in this Act as prescribed or to be prescribed, and

• (b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of and for the purposes of giving full effect to this Act.

• (2) Before making regulations under this section, the Minister shall consult with any or all of the following as the Minister considers appropriate:

• (a) the Garda Commissioner;

• F169[(aa) the Authority;]

• (b) the Ombudsman Commission;

• (c) the Garda Síochána Inspectorate.

• (3) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

122. Regulations relating to management of Garda Síochána.

122.— (1) The Minister may, after consulting with the Garda Commissioner F170[and the Authority] and with the approval of the Government, make regulations for the management of the Garda Síochána, including regulations relating to any or all of the following matters:

• (a) the different ranks into which the members of the Garda Síochána are to be divided;

• (b) the minimum and maximum number of members in each rank;

• (c) the duties of the different ranks in the Garda Síochána;

• (d) the admission, appointment and enrolment of members, including members who have served with other police services and members with different ethnic or national origins or different religious beliefs or backgrounds;

• (e) the appointment to the Garda Síochána of members on secondment from any other police service;

• (f) the training of members;

• (g) the pay and allowances of members, including the conditions under which they are payable;

• (h) the retirement of members F171[, including the retirement ages of reserve members and other ranks in the Garda Síochána];

• (i) the payment of pensions, allowances and gratuities to members and their spouses F172[or civil partners within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], children and dependents, including—

• (i) the conditions under which those pensions, allowances and gratuities are payable,

• (ii) the rates and scales of payment, and

• (iii) the penalties for fraudulent conduct in relation to an application for a pension, allowance or gratuity;

• (j) the promotion of members;

• (k) requirements relating to the resignation of members;

• (l) the use of facilities, equipment, arms or services by the Garda Síochána;

• (m) the formation of associations referred to in section 18 and matters relating to the role, status and carrying out of business within the Garda Síochána of those associations;

• (n) the limitations, restrictions or conditions applicable to the exercise of the Garda Commissioner’s powers under section 29;

• (o) the circumstances in which and the extent to which police services referred to in section 30(3) may be provided by the Garda Síochána;

• (p) the costs to be taken into account under section 30(4) in relation to the provision of police services;

• (q) the limitations, restrictions or conditions applicable to the delegation of the Garda Commissioner’s functions under section 31;

• (r) any other matter relating to the organisation, training, carrying out of duties, efficiency, management or administration of the Garda Síochána.

• (2) F173[…]

• (3) F173[…]

• (4) In making regulations, the Minister shall consider the objective of promoting effectiveness, efficiency and economy in the Garda Síochána.

• (5) A regulation under this section may—

• (a) apply generally to all ranks and grades in the Garda Síochána and to reserve members,

• (b) apply only to—

• (i) specified ranks and grades in the Garda Síochána,

• (ii) members on secondment to an international organisation under F174[section 51(2)(d)]

• (iii) members appointed to the Garda Síochána under section 53 on secondment from the Police Service of Northern Ireland,

• (iv) members on secondment to the Police Service of Northern Ireland under section 54,

• (v) members appointed to the Garda Síochána on secondment from any other police service, or

• (vi) reserve members,

• (c) make different provision for different ranks or grades in the Garda Síochána or for differerent categories of members mentioned in paragraph (b)(ii) to (v), and

• (d) authorise any matter or thing to be determined or applied by a specified person or body.

• (6) Before making regulations under subsection (1)(g) or (i), the Minister shall—

• (a) submit a draft of the regulations to the associations referred to in section 18 representing the ranks and grades in the Garda Síochána who would be affected by the regulations, and

• (b) consider any representations made to him or her in respect of the draft regulations by any of those associations.

123. Disciplinary regulations.

123.— (1) The Minister may, after consulting with the Garda Commissioner F176[and the Authority] and with the approval of the Government, make regulations concerning the maintenance of discipline in the Garda Síochána, including, but not limited to, regulations relating to the matters provided for in subsections (2) to (5).

• (2) The regulations may specify the acts or omissions that may be the subject of disciplinary action under the regulations, including—

• (a) the matters specified in Schedule 5,

• (b) F177[…]

• (c) failure to co-operate with an investigation under the law and procedures referred to in section 55(2)(a),

• (d) any matter constituting a breach of discipline as defined in section 55(6),

• (e) failure to co-operate with an investigation conducted under this Act or the regulations or with a board established under the regulations to make determinations in relation to discipline,

• (f) any abuse of procedure by a member of the Garda Síochána with respect to a search under section 99 of a document storage facility in a designated Garda Síochána station, and

• (g) matters relating to work performance.

• (3) The regulations may also provide for the procedures to be followed if—

• (a) it appears or is alleged that an act has been done or omission made that may be the subject of disciplinary action,

• (b) a complaint is referred to the Garda Commissioner under section 92(a), or

• (c) the Ombudsman Commission, in a report under section 94(7) or 95(4), makes a recommendation referred to in section 97(1)(b).

• (4) Regulations relating to the procedures to be followed in the circumstances referred to in subsection (3) may include provision for—

• (a) an investigation, the manner in which the investigation is to be conducted and the appointment of a member of the Garda Síochána to conduct the investigation,

• (b) the making of recommendations or reports following an investigation, the persons to whom the recommendations or reports are to be made and the action to be taken as a result of the reports,

• (c) hearings by a board to determine whether or not the act or omission referred to in subsection (3)(a) was done or made,

• (d) the taking of disciplinary action and the circumstances in which a decision concerning that action may be taken by F178[a board, the Garda Commissioner, the Authority or the Government], and

• (e) an appeal from a determination referred to in paragraph (c) or from a decision of F178[a board, the Garda Commissioner or the Authority] relating to disciplinary action and for the time limits and other restrictions or conditions subject to which the right of appeal may be exercised.

• (5) The regulations may also—

• (a) provide for the establishment of a board referred to in subsection (4)(c), for the appointment of its members and for the conduct of its business,

• (b) specify the powers of a board,

• (c) specify the persons who are entitled to attend hearings before a board,

• (d) empower a board to require persons to attend before it,

• (e) empower a board to require persons to give evidence or produce documents to it,

• (f) enable a board to administer oaths or take affirmations,

• (g) provide for the admissibility of evidence,

• (h) specify any matters that a board is to have regard to in making a determination, including in appropriate cases, a report by the Ombudsman Commission under section 94(7) or 95(4),

• (i) empower a board to make a determination or decision in relation to a member of the Garda Síochána notwithstanding his or her absence from a hearing, if, after being notified of it, the member fails without proper cause to attend the hearing,

• (j) provide for the establishment of a body to hear appeals referred to in subsection (4)(e) and for the appointment of its members,

• (k) specify the powers of the appeal body, and

• (l) provide for privilege under the law of defamation in relation to reports published by or statements made by a board or the appeal body under the regulations.

• (6) The regulations may—

• (a) make different provision under subsection (3) or (4) for different categories of acts or omissions referred to in subsection (2) based on whether the acts or omissions were the subject of a report by the Ombudsman Commission or based on any other factor, and

• (b) provide for the taking of different forms of disciplinary action against members of the Garda Síochána based on their rank or on any other factor.

• (7) A person who—

• (a) without reasonable excuse, does not comply with a requirement imposed under the regulations by a board to attend before it or to give evidence or produce documents to it, or

• (b) gives to a board evidence that he or she knows to be false or misleading,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 6 months or both.

• (8) In this section—

“board” means a board established by regulation under subsection (5)(a);

“disciplinary action” means—

• (a) dismissal,

• (b) requirement to retire or resign as an alternative to dismissal,

• (c) reduction in rank,

• (d) reduction in pay not exceeding 4 weeks’ pay,

• (e) reprimand,

• (f) warning,

• (g) caution, or

• (h) advice.

124. Regulations relating to reporting corruption and malpractice in the Garda Síochána.

124.— F181[…]

125. Regulations relating to police co-operation under sections 52 to 56.

125.— (1) The Minister may, after consulting with the Garda Commissioner F182[and the Authority] and with the approval of the Government, make regulations—

• (a) specifying the ranks that members of the Police Service of Northern Ireland must hold to be eligible for appointment under section 52 or 53 to specified ranks in the Garda Síochána and any experience that may be necessary or desirable for that appointment,

• (b) providing for procedural matters relating to—

• (i) appointments under sections 52 and 53 to ranks in the Garda Síochána, including, in relation to appointments under section 52, the conduct of competitions for vacancies in the ranks concerned, or

• (ii) secondments to the Police Service of Northern Ireland under section 54.

• (2) The Minister shall ensure that every regulation made under this section is laid before each House of the Oireachtas as soon as practicable after it is made.

• (3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which the regulation is laid before it, annul the regulation.

• (4) The annulment of a regulation under subsection (3) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation before the passing of the resolution.

• (5) The power to make regulations under this section is additional to the power to make regulations under sections 122 and 123 and is not to be taken to limit the power to make regulations under those sections in relation to members referred to in section 122(5)(b)(iii)or (iv).

126. Regulations relating to matters concerning security of State.

126.— (1) The Minister may, after consulting with the Garda Commissioner and with the approval of the Government, make regulations—

• (a) designating, for the purpose of section 96, information, documents or things or classes of information, documents or things that—

• (i) relate to the security of the State, and

• (ii) are not subject to disclosure under that section except in accordance with a direction of the Minister,

and

• (b) designating, for the purpose of section 99, Garda Síochána stations—

• (i) in which information, documents or things, or classes of information, documents or things, relating to the security of the State are held, and

• (ii) that are not subject to search under that section except to the extent specified in a direction of the Minister.

• (2) On making a regulation under this section or amending or revoking the regulation, the Minister shall provide the Ombudsman Commission and the judge designated under section 100 with a copy of the regulation, the amendment or the instrument revoking the regulation.

127. Reward Fund and related regulations.

127.— (1) The Garda Síochána Reward Fund established under section 18 of the Garda Síochána Act 1924 for the reward and benefit of members continues in being under this Act.

• (2) The Minister may, with the concurrence of the Minister for Finance, make regulations prescribing—

• (a) the manner in which the Garda Síochána Reward Fund is to be administered, and

• (b) the sums that are to be paid into that Fund.

127A. F183[Regulations relating to fees for provision of vetting services

127A. The Minister may—

• (a) after consultation with the Garda Commissioner, and

• (b) with the consent of the Minister for Public Expenditure and Reform,

make regulations prescribing fees in relation to the provision of vetting services in accordance with section 7(l).]

128. Continuation of certain regulations and orders.

128.— (1) The regulations and orders made or continued under an enactment repealed by section 4 continue in force until they are revoked by the Minister under this section or others are made in their place under this Part.

• (2) The Minister may, with the approval of the Government, amend or revoke an order or regulation continued in force under this section.

• (3) Any proceedings relating to a member of the Garda Síochána that were commenced but are not concluded under the 1989 Regulations before their revocation pursuant to subsection (2) may be continued under those Regulations as though no provision of them had been revoked.