POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

• (b) except in the case of the strategy statement first prepared under this section, include a review and evaluation of the work of the Police Ombudsman in the performance of his or her functions in the previous 3 years.

• (3) In preparing a strategy statement under this section, the Police Ombudsman shall have regard to the need to ensure the most beneficial and efficient use of the resources of the Office of the Police Ombudsman.

• (4) The Police Ombudsman shall, before submitting a strategy statement to the Minister under subsection (1)—

• (a) publish, in such manner as he or she considers appropriate, a draft of the strategy statement,

• (b) allow persons 30 days from the date of publication under paragraph (a) within which to make representations in writing to the Police Ombudsman with regard to the draft of the strategy statement, and

• (c) having considered the representations (if any) made pursuant to paragraph (b), submit the strategy statement to the Minister with or without modifications.

• (5) The Minister shall cause a strategy statement received by him or her under subsection (1) to be laid before each House of the Oireachtas as soon as practicable after it is received.

• (6) The Police Ombudsman shall ensure that, as soon as practicable after a copy of a strategy statement is laid before each House of the Oireachtas, the statement is published on a website maintained by or on behalf of the Office of the Police Ombudsman or in such other manner as the Police Ombudsman considers appropriate.

185. Annual reports and special reports by Police Ombudsman

185. (1) The Police Ombudsman shall, not later than 3 months after the end of each year, prepare and submit to the Minister a report on his or her activities during the preceding year (in this section referred to as an “annual report”).

• (2) An annual report shall include a statement of the Police Ombudsman’s arrangements for implementing and maintaining adherence to the governance framework of the Office of the Police Ombudsman.

• (3) The Police Ombudsman may submit to the Minister reports (in this section referred to as a “special report”), in addition to an annual report, on matters that he or she considers appropriate to draw to the attention of the Minister that have come to the notice of the Police Ombudsman and that, in his or her opinion, require, due to the gravity of the matters or other exceptional circumstances, a special report to the Minister.

• (4) Subject to subsection (6), 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 it.

• (5) The Police Ombudsman shall ensure that, as soon as practicable after a copy of a report under this section is laid before each House of the Oireachtas, the report as laid is published on a website maintained by or on behalf of the Office of the Police Ombudsman or in such other manner as the Police Ombudsman considers appropriate.

• (6) The Minister may exclude from the copy of a report under this section to be laid before each House of the Oireachtas any matter that, in his or her opinion—

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

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

186. Standards of integrity, codes of ethics for Police Ombudsman, Deputy Police Ombudsman, officers of the Police Ombudsman, advisers or consultants, etc.

186. (1) In performing functions under this Act—

• (a) the Police Ombudsman,

• (b) the Deputy Police Ombudsman,

• (c) the chief executive officer,

• (d) an officer of the Police Ombudsman,

• (e) a person engaged by the Police Ombudsman under section 180 as a consultant or adviser,

• (f) a person engaged by the Police Ombudsman under section 181, or

• (g) subject to subsection (2), an employee or contractor of a person referred to in paragraph (e),

shall maintain proper standards of integrity, conduct and concern for the public interest.

• (2) Subsection (1) applies to an employee or contractor of a person referred to in paragraph (e) of that subsection in respect only of the duties of employment or the contract, as the case may be, relating to the purposes for which the Police Ombudsman has engaged that person.

• (3) For the purposes of subsection (1), the Police Ombudsman shall issue a code of ethics for the guidance of persons to whom that subsection applies.

• (4) A code of ethics issued under subsection (3) shall set out the standards of integrity and conduct to be maintained by the persons to whom it applies in performing their functions under this Act.

• (5) A person to whom such a code of ethics issued under subsection (3) applies shall act in accordance with the code in performing his or her functions under this Act.

• (6) Where a person is an employee of a person engaged by the Police Ombudsman under section 180 as an adviser or consultant, his or her terms and conditions shall be deemed to include the requirements that apply to the employer under subsection (5).

• (7) Subject to subsection (8), the Police Ombudsman shall, as soon as practicable after issuing a code of ethics under subsection (3), make the code available to the persons to whom subsection (1) applies.

• (8) The Police Ombudsman shall provide a copy of a code of ethics issued under subsection (3) to a person engaged by him or her as a consultant or adviser under section 180 and the person so engaged shall make that copy available to his or her employees or contractors to whom subsection (1)(g) applies.

• (9) A document purporting to be a code of ethics issued under this section is, in the absence of evidence to the contrary, to be taken to be such code and is admissible as such in any proceedings before a court or other tribunal.

• (10) Any provision of a code of ethics issued under subsection (3) that appears to a court or other tribunal to be relevant to a question in the proceedings before the court or other tribunal, as the case may be, may be taken into account by it in determining the question.

187. Accountability for accounts of Office of Police Ombudsman

187. (1) The chief executive officer shall be the accounting officer in relation to the appropriation accounts of the Office of the Police Ombudsman for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

• (2) Whenever required to do so by the Committee of Public Accounts, the chief executive officer shall give evidence to it on the following matters:

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or record of account subject to audit by the Comptroller and Auditor General;

• (b) the economy and the efficiency of the Office of the Police Ombudsman in using its resources;

• (c) the systems, procedures and practices employed by the Office of the Police Ombudsman for evaluating the effectiveness of its operations;

• (d) any matter affecting the Office of the Police Ombudsman that is 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 paragraph (a), (b) or (c).

• (3) In carrying out duties under subsection (2), the chief executive officer 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,

• (b) discuss matters relating to the security of the State,

• (c) provide information, other than financial information, relating to specific criminal investigations or prosecutions except an investigation or prosecution relating to money or assets for which he or she is the accounting officer, or

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

188. Attendance of relevant person before other Oireachtas committees

188. (1) Subject to subsection (2), a relevant person shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Office of the Police Ombudsman.

• (2) A relevant person shall not be required to give account before an Oireachtas committee for any matter which is, has been or may at a future time be, the subject of proceedings before a court or tribunal in the State.

• (3) A relevant person shall, where of the opinion that subsection (2) applies to a matter about which he or she is requested to give an account before an Oireachtas 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 Oireachtas committee in writing unless it is given when the relevant person is before the committee.

• (5) Where, on being informed of the relevant person’s opinion about the matter, the Oireachtas 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) A relevant person or the Oireachtas committee may apply in a summary manner to the High Court for a determination under subsection (5), but only where the application is made within 21 days after the date on which the relevant person is informed of the committee’s decision not to withdraw its request.

• (7) Pending the determination under subsection (5) of an application under subsection (6), the relevant person shall not attend before the Oireachtas committee to give account for the matter that is the subject of the application.

• (8) Where the High Court determines under subsection (5) that subsection (2) applies to the matter, the Oireachtas committee shall withdraw its request in so far as it relates to the matter, but where the Court determines under subsection (5) that subsection (2) does not apply, the relevant person shall attend before the committee to give account for the matter.

• (9) In carrying out duties under this section, a relevant person 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,

• (b) discuss matters relating to the security of the State,

• (c) provide information, other than financial information, relating to specific criminal investigations or prosecutions except an investigation or prosecution relating to money or assets for which he or she is the accounting officer, or

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

• (10) In this section, “relevant person” means the Police Ombudsman or the chief executive officer.

189. Immunity and indemnification

189. (1) This section applies to—

• (a) the Police Ombudsman or former Police Ombudsman,

• (b) the Deputy Police Ombudsman or former Deputy Police Ombudsman, and

• (c) an officer of the Police Ombudsman or former officer of the Police Ombudsman.

• (2) A person to whom this section applies shall not be liable in damages in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under this Act, unless the act or omission concerned was done in bad faith.

• (3) The State shall, subject to the provisions of any enactment or rule of law, indemnify a person to whom this section applies in respect of any act done or omitted to be done by the person in the performance, or purported performance, of his or her functions under this Act, unless the act or omission was done in bad faith.

Chapter 4 Miscellaneous (Part 5)

190. Qualified privilege for certain statements and publications

190. (1) A statement that, in the course of a discussion at a meeting of the Police Ombudsman, is made in any form and without malice by—

• (a) the Police Ombudsman,

• (b) the Deputy Police Ombudsman,

• (c) an officer of the Police Ombudsman, or

• (d) a person attending the meeting at the request of the Police Ombudsman, the Deputy Police Ombudsman or an officer of the Police Ombudsman,

shall be privileged for the purposes of the law of defamation.

• (2) For the purposes of the law of defamation any subsequent publication without malice of a statement referred to in subsection (1) shall be privileged.

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

• (4) 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 179 is deemed to be—

• (a) a statement made by the Police Ombudsman, or

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

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

191. Confidentiality of information obtained by Police Ombudsman

191. (1) A person who—

• (a) was a member of the Garda Síochána Ombudsman Commission,

• (b) is or was the Police Ombudsman, the Deputy Police Ombudsman or the chief executive officer,

• (c) was an officer of the Garda Síochána Ombudsman Commission,

• (d) is or was an officer of the Police Ombudsman,

• (e) is or was under contract with or engaged by the Garda Síochána Ombudsman Commission or the Police Ombudsman, or

• (f) is or was an employee or contractor of a person to whom paragraph (e) applies,

shall not disclose, in or outside the State, unless he or she is required or permitted by law or duly authorised by the Police Ombudsman in furtherance of his or her functions, any information obtained in the course of carrying out the duties of that person’s office, employment, contract or other arrangement with the Garda Síochána Ombudsman Commission or the Office of the Police Ombudsman, as the case may be, whether obtained before or after the repeal of the Act of 2005 by section 5, where that disclosure is likely to have a harmful effect and the person knows or believes that the disclosure is likely to have such an effect.

• (2) For the purpose of this section, the disclosure of information referred to in subsection (1) is likely to have a harmful effect where it is likely to—

• (a) facilitate the commission of an offence,

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

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

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

• (e) impede an investigation under Part 6 or otherwise prejudice the effective performance of the functions of the Police Ombudsman,

• (f) result in the identification of a person who is—

• (i) a complainant (within the meaning of Part 6),

• (ii) the subject of a complaint, or

• (iii) the subject of any matter under investigation by the Police Ombudsman or An Garda Síochána,

where his or her identity is not at the time of the disclosure a matter of public knowledge,

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

• (i) relates to a person referred to in subparagraph (i), (ii) or (iii) of paragraph (f) or who has given evidence to the Police Ombudsman or An Garda Síochána, 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 Police Ombudsman or An Garda Síochána,

• (h) result in the publication of personal information (within the meaning of the Freedom of Information Act 2014) relating to a person that constitutes an unwarranted and serious infringement of that person’s right to privacy,

• (i) reveal information provided in confidence by another state, an international organisation, another police service or an intelligence service, or

• (j) affect adversely the international relations or interests abroad of the State, including those with Northern Ireland.

• (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) In any proceedings for an offence under this section it shall be a defence to show that the disclosure was—

• (a) made to—

• (i) the Minister,

• (ii) the Attorney General,

• (iii) the Director of Public Prosecutions,

• (iv) the Chief State Solicitor,

• (v) the Criminal Assets Bureau,

• (vi) the Comptroller and Auditor General or the staff of the Office of the Comptroller and Auditor General,

• (vii) the Garda Commissioner,

• (viii) the Authority,

• (ix) the Revenue Commissioners,

• (x) the State Claims Agency,

• (xi) the Child and Family Agency,

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

• (xiii) a court, or

• (xiv) 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,

• (b) made under Part 6 to a person in relation to—

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

• (ii) an investigation concerning the person,

• (c) 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 Police Ombudsman, or

• (d) reasonably believed by the person who made the disclosure to be required or permitted by law, duly authorised by the Police Ombudsman in furtherance of his or her functions or made in accordance with paragraph (a), (b) or (c).

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

• (a) on summary conviction, to a class C 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) In any proceedings for an offence under this section, it shall not be necessary to prove that the disclosure had a harmful effect.

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

192. Final accounts and final annual report of Garda Síochána Ombudsman Commission

192. (1) The chief executive officer shall, in respect of an ordinary financial year of the Garda Síochána Ombudsman Commission or such other period as the Minister may specify under subsection (3), prepare accounts of the Garda Síochána Ombudsman Commission (in this section referred to as “final accounts”).

• (2) The chief executive officer shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the coming into operation of this section and, immediately after the audit, a copy of the accounts and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister.

• (3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than an ordinary financial year of the Garda Síochána Ombudsman Commission.

• (4) The Police Ombudsman shall prepare the final annual report for the Garda Síochána Ombudsman Commission and submit the report to the Minister not later than 6 months after the coming into operation of this section.

• (5) Subsections (4) and (5) of section 185 shall apply to a copy of the final accounts, the report under subsection (2) on such accounts and the final annual report under subsection (4) as it applies to a report under that section with any necessary modifications.

PART 6 Complaints, Investigations and other Matters

Chapter 1 Preliminary and General (Part 6)

193. Interpretation (Part 6)

193. (1) In this Part—

“abuse of power for a sexual purpose” means any behaviour by a member of garda personnel which takes advantage of his or her position as such a member to misuse his or her position, authority or powers for a sexual purpose or an improper emotional relationship with any other person;

“Act of 2014” means the Protected Disclosures Act 2014;

“admissible complaint”, other than in section 228(2), means a complaint determined in accordance with section 198 by the Police Ombudsman to be admissible;

“approved list” has the meaning assigned to it by section 200(3);

“complainant” means a person who makes a complaint under section 196(1);

“curtilage”, in relation to a Garda Síochána premises, means an area immediately surrounding, or adjacent to, such premises which is used in conjunction with such premises other than any part of that area that is a public place;

“dismissal proceedings” means any measures that may be taken by the Garda Commissioner pursuant to section 48, 50(3) or 51;

“Garda Commissioner” includes a Deputy Garda Commissioner, or an Assistant Garda Commissioner, performing the functions of the Garda Commissioner under section 28;

“Garda Síochána premises” means any premises, or part thereof, where a member of garda personnel is stationed or assigned, including—

• (a) the curtilage to such premises, and

• (b) any of the following that is used by such a member in the course of carrying out his or her duties—

• (i) a vehicle, whether mechanically propelled or not,

• (ii) a vessel, whether sea-going or not,

• (iii) an aircraft, whether capable of operation or not, or

• (iv) a hovercraft;

“incident of concern” in relation to a member of garda personnel, means any act or omission—

• (a) that is not and has not been the subject of a complaint or a referral under section 203(1), and

• (b) in relation to which there is an allegation that the person who—

• (i) is a serving member of garda personnel, or

• (ii) at the time of the act or omission concerned, was a member of garda personnel,

may have—

• (I) committed an offence, or

• (II) behaved in a manner that constitutes notifiable misconduct;

“investigation”, in relation to an investigation by the Police Ombudsman, means, other than in section 227, an investigation under section 208;

“members of garda personnel” has the meaning assigned to it by section 44 but does not include the serving Garda Commissioner;

“misconduct”—

• (a) in relation to the conduct of a member of An Garda Síochána—

• (i) occurring after the coming into operation of section 257, means a breach by the member of the standards of professional behaviour, and

• (ii) occurring before the coming into operation of section 257, means conduct that would, at the time it occurred, have been a breach of discipline within the meaning of Part 4 of the Act of 2005,

and

• (b) in relation to the conduct of a member of garda staff, means a breach by the member of the standards of professional behaviour;

“notifiable misconduct” means misconduct that—

• (a) would justify the bringing of conduct proceedings, and

• (b) is of a type that has been prescribed by the Minister under subsection (2);

“performance proceedings”—

• (a) in relation to a member of An Garda Síochána, means the taking of measures in relation to the member under the Performance Regulations, and

• (b) in relation to a member of garda staff, means the taking of measures in relation to the member under any policy concerning the management of underperformance by such a member;

“protocols” means the protocols agreed pursuant to section 223;

“Regulations of 1987” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987);

“relevant arrangements” has the meaning assigned to it by section 201(1);

“serious harm”, in relation to a person, means—

• (a) an injury to the person that—

• (i) creates a substantial risk of death,

• (ii) causes serious disfigurement, or

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

• (b) he or she is the victim of a sexual offence, or

• (c) he or she is the victim of an abuse of power for a sexual purpose;

“sexual offence” has the same meaning as it has in the Sex Offenders Act 2001;

“suitable for resolution by An Garda Síochána”, in relation to a complaint, shall be construed in accordance with section 199(2).

• (2) Subject to section 252(2), the Minister shall, with reference to—

• (a) the nature or gravity of the misconduct,

• (b) the seniority in rank or grade of a member of garda personnel,

• (c) the nature of the duties which a member of garda personnel is assigned to undertake, or

• (d) the importance of maintaining public confidence in the arrangements for the investigation of allegations of misconduct by a member of garda personnel,

prescribe types of conduct for the purposes of paragraph (b) of the definition of “notifiable misconduct”.

• (3) A reference in this Part to an admissible complaint shall include a reference to a complaint that is determined to be admissible following a review under section 224.

• (4) A reference in this Part to an investigation of a complaint shall include a reference to a complaint the investigation of which, as a result of a review under section 224, is not to be discontinued.

194. Application of Part

194. (1) A member of garda staff shall not be subject to a complaint or investigation under this Part until such time as the Minister has made an order for the purposes of section 54(5).

• (2) Nothing in this Part shall be taken to limit—

• (a) the power of the Minister under section 30,

• (b) the power of the Government under section 31, or

• (c) the power of the Garda Commissioner under section 48, 50(3) or 51.

Chapter 2 Complaints, investigations and other matters

195. Complaints by members of public

195. (1) The following persons may make a complaint:

• (a) a relevant member of the public who has been directly affected by, or who has witnessed, the act or omission that is the subject of the complaint;

• (b) a person acting on behalf of a relevant member of the public to whom paragraph (a) applies, where—

• (i) the relevant member of the public consents in writing or orally to the complaint being made, or

• (ii) the person so acting believes, because of the age or a physical or mental condition of the relevant member of the public, such member is incapable of giving the consent referred to in subparagraph (i),

and the Police Ombudsman considers that, by reason of the person’s relationship (including professional relationship) with, and his or her interest in the rights and welfare of, the relevant member of the public, he or she is a suitable person to make such a complaint.

• (2) Where a complaint is made on behalf of a relevant member of the public by a person to whom paragraph (b) of subsection (1) applies, any requirement in this Part to notify the complainant of any matter shall be construed as a requirement to notify that person.

• (3) Where a complaint is made by a person to whom paragraph (a) of subsection (1) applies and the person is a child between the ages of 16 and 18 years of age, the complaint may be treated as a complaint made by a person of full age and the consent of the parent or guardian of the child shall not be required.

• (4) In this section, “relevant member of the public” means a person other than—

• (a) the serving Garda Commissioner,

• (b) a member of An Garda Síochána, or

• (c) a member of garda staff, in so far as the act or omission that is the subject of a complaint is connected with his or her employment as such a member.

196. Making, recording of complaints, etc.

196. (1) Subject to section 198, a complaint concerning any act or omission of a member of garda personnel may be made by a person to whom paragraph (a) or (b) of section 195(1) applies to—

• (a) the Police Ombudsman, or

• (b) An Garda Síochána.

• (2) A complaint made under paragraph (b) of subsection (1) may be made to—

• (a) the Garda Commissioner,

• (b) a member of An Garda Síochána not below the rank of superintendent,

• (c) a member of garda staff, who is of a grade that is equivalent to, or higher than, the rank of superintendent, or

• (d) a member of garda personnel at a Garda Síochána station.

• (3) Subject to subsection (9), a complaint made under paragraph (b) of subsection (1) shall be referred to the Police Ombudsman without delay.

• (4) The Police Ombudsman shall ensure that appropriate arrangements are in place—

• (a) for receiving, recording and acknowledging the receipt of complaints made under paragraph (a) of subsection (1), and

• (b) for recording the referral of complaints under subsection (3).

• (5) The Garda Commissioner shall ensure that appropriate arrangements are in place—

• (a) for receiving, recording and acknowledging the receipt of complaints made under paragraph (b) of subsection (1), and

• (b) for recording the referral of complaints to the Police Ombudsman under subsection (3).

• (6) The Minister shall, not later than 3 years after the coming into operation of this section and at such further intervals as he or she considers appropriate, review the operation of this section in so far as it requires the referral to the Police Ombudsman under subsection (3) of complaints received by An Garda Síochána under paragraph (b) of subsection (1).

• (7) The Minister shall, for the purposes of conducting a review under subsection (6), consult with the Police Ombudsman, the Garda Commissioner and the Authority.

• (8) Where, arising from a review under subsection (6), the Minister considers that the efficiency and effectiveness of the procedures for resolving complaints and public confidence in those procedures do not require complaints received by An Garda Síochána to be referred to the Police Ombudsman in all instances, the Minister may, subject to section 252(2), by order specify a category or categories of complaints that are contained in the approved list to be a category or categories of complaint to which subsection (3) shall not apply.

• (9) Where the Minister makes an order under subsection (8), a complaint which falls within a category specified in the order shall be considered in accordance with the relevant arrangements.

197. Time limits for making complaints

197. (1) Subject to subsections (2) and (4), a complaint shall be made within the period of 12 months beginning on the date of the act or omission giving rise to the complaint.

• (2) The Police Ombudsman may authorise an extension of the period of time under subsection (1) for making a complaint where he or she considers that there is good reason to do so.

• (3) An authorisation under subsection (2) shall be recorded in writing.

• (4) A complaint shall be considered to be made when it is received—

• (a) where section 196(1)(a) applies, by the Police Ombudsman, and

• (b) where section 196(1)(b) applies, by An Garda Síochána.

• (5) In any legal proceedings, a document purporting to be an authorisation given under subsection (2) or a copy of such an authorisation purporting to be signed by the Police Ombudsman, or on behalf of the Police Ombudsman, shall, unless the contrary is shown, be evidence of the matters stated therein without further proof, including proof of the signature of the Police Ombudsman, or other person authorised to give the authorisation on behalf of the Police Ombudsman.

198. Determination of admissibility of complaints

198. (1) Subject to this section, the Police Ombudsman shall, on receipt of a complaint made under—

• (a) section 196(1)(a), or

• (b) subsection (1)(b) of section 196 and referred to him or her in accordance with subsection (3) of that section,

determine whether the complaint is admissible.

• (2) The Police Ombudsman shall, when determining whether a complaint is admissible, consider any information in relation to the complaint, including information provided in response to any inquiry made pursuant to subsection (9).

• (3) Subject to subsection (4), a complaint shall be admissible where—

• (a) it was made by a person to whom paragraph (a) or (b) of section 195(1) applies,

• (b) it was made within the period of time specified under subsection (1) of section 197 or any extension thereof authorised under subsection (2) of that section, and

• (c) it concerns an act or omission by a person who was, at the time of the act or omission concerned, a member of garda personnel.

• (4) Subject to subsection (7), the following complaints shall not be admissible:

• (a) a complaint that is frivolous, vexatious or made in bad faith;

• (b) a complaint that lacks substance or sufficient information to warrant further action under this Part;

• (c) a complaint that relates to the general direction and control of An Garda Síochána by the Garda Commissioner;

• (d) a complaint that relates to the act or omission of a member of An Garda Síochána while the member was not on duty, unless the act or omission alleged would, if proved, be likely to bring discredit on An Garda Síochána;

• (e) a complaint that relates to the act or omission of a member of garda staff while the member of garda staff was not on duty;

• (f) a complaint in respect of which it is not reasonably practical to take further action under this Part.

• (5) The Police Ombudsman may determine that a complaint is inadmissible where he or she is satisfied that the act or omission to which the complaint relates is the same or substantially the same act or omission as that which was the subject matter of—

• (a) a complaint which was previously determined under this Part or Part 4 of the Act of 2005, or

• (b) an investigation which was previously undertaken under this Part or Part 4 of the Act of 2005.

• (6) A complaint may be admissible notwithstanding that it does not identify the member of garda personnel who is the subject of the complaint.

• (7) A complaint concerning a person who was a member of garda personnel shall not be inadmissible by reason only that the person—

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

• (b) retires or resigns from An Garda Síochána at any time after the complaint is made.

• (8) Nothing in subsection (4) shall prevent the Police Ombudsman from determining that part of a complaint is admissible.

• (9) For the purposes of making a determination under this section, the Police Ombudsman may make such inquiries as he or she considers appropriate.

• (10) Where the Police Ombudsman determines in accordance with this section that a complaint is inadmissible, he or she shall—

• (a) notify the complainant of his or her determination and include in the notification the reason for the determination, and

• (b) where the complaint was referred to the Police Ombudsman under section 196(3), notify the Garda Commissioner of his or her determination and include in the notification the reason for the determination.

• (11) Without prejudice to paragraph (b) of subsection (10), the Police Ombudsman may, where he or she is of the opinion that there is good reason to do so, notify the Garda Commissioner of any determination made in accordance with this section that a complaint is inadmissible and include in the notification the reason for the determination and any information or documents that the Police Ombudsman considers appropriate.

199. Admissible complaints

199. (1) Where the Police Ombudsman determines in accordance with section 198 that a complaint is admissible, he or she shall determine whether the complaint—

• (a) is suitable for resolution by An Garda Síochána, or

• (b) warrants an investigation.

• (2) Where—

• (a) a complaint falls within a category of complaints that, at the time of its making, was specified in the approved list, and

• (b) there are no special circumstances that would warrant an investigation of the complaint,

the complaint shall be treated as suitable for resolution by An Garda Síochána in accordance with the relevant arrangements.

• (3) For the purposes of making a determination under this section, the Police Ombudsman may make such inquiries as he or she considers appropriate.

• (4) Where the Police Ombudsman determines under paragraph (a) of subsection (1) that a complaint is suitable for resolution by An Garda Síochána, he or she shall, as soon as practicable—

• (a) notify the complainant of his or her determination,

• (b) include, in the notification under paragraph (a), information in relation to the relevant arrangements, and

• (c) refer the complaint, together with any information or documents from inquiries made under subsection (3), section 198(9) or provided pursuant to a request under section 217, to An Garda Síochána for resolution by An Garda Síochána in accordance with the relevant arrangements.

• (5) Where the Police Ombudsman determines under paragraph (b) of subsection (1) that a complaint warrants an investigation, he or she shall—

• (a) notify the complainant and the Garda Commissioner of his or her determination,

• (b) where the complaint was made to the Police Ombudsman under section 196(1)(a) include, in the notification to the Garda Commissioner under paragraph (a), a copy of the complaint, and

• (c) subject to subsection (6), notify, where known, or upon becoming known, to the Police Ombudsman, the member of garda personnel who is the subject of the complaint and specify, in the notification, the nature of the complaint, the name of the complainant and, if applicable, the name of the person on whose behalf the complaint was made.

• (6) Subject to subsection (7), where the Police Ombudsman has a good reason to do so, he or she may postpone a notification under paragraph (c) of subsection (5).

• (7) A postponement under subsection (6) of a notification under paragraph (c) of subsection (5) shall apply only so long as there is a good reason for such postponement and where a good reason ceases to exist, the notification shall be made as soon as practicable.

• (8) The Police Ombudsman shall inform the Garda Commissioner of—

• (a) a decision under subsection (6) to postpone a notification under paragraph (c) of subsection (5), including the reason for same, and

• (b) a notification of a member of garda personnel under paragraph (c) of subsection (5) following the cessation of the reason for the postponement of the notification under subsection (6).

200. Categories of complaints suitable for resolution by An Garda Síochána

200. (1) The Police Ombudsman shall, having consulted with the Garda Commissioner, prepare and submit to the Minister a draft list of categories of complaints suitable for resolution by An Garda Síochána under this Part (in this section referred to as a “draft list”).

• (2) A draft list shall not include categories of complaints—

• (a) where the act or omission complained of would if proven constitute a criminal offence,

• (b) where the act or omission complained of would if proven constitute a breach of the standards of professional behaviour that would render the member of garda personnel who is the subject of the complaint liable to dismissal from An Garda Síochána, or

• (c) which concern the investigation of the death of, or serious harm to, a person as a result of Garda operations or while in the care or custody of An Garda Síochána.

• (3) The Minister shall approve, subject to such modifications as he or she deems appropriate, the draft list submitted to him or her under subsection (1) as the list constituting the categories of complaints suitable for resolution by An Garda Síochána under this Part (in this Part referred to as the “approved list”).

• (4) The Minister shall, before approving a draft list under subsection (3), consider whether it complies with subsection (2) and whether the categories in it constitute matters that are not sufficiently serious to warrant an investigation by the Police Ombudsman.

• (5) The Police Ombudsman may, having consulted with the Garda Commissioner, propose amendments to the approved list having regard to the experience of the Police Ombudsman and An Garda Síochána regarding the operation of this Part.

• (6) The Police Ombudsman shall submit a proposed amendment under subsection (5) to the Minister for approval by the Minister.

• (7) Subsections (3) and (4) shall apply with the necessary modifications in respect of a proposed amendment under subsection (5).

• (8) The Police Ombudsman shall publish the approved list, including any proposed amendments thereto that are approved in accordance with this section, on a website maintained by or on behalf of the Office of the Police Ombudsman or in such other manner as the Police Ombudsman considers appropriate.

201. Establishment of arrangements for handling complaints suitable for resolution by An Garda Síochána

201. (1) The Garda Commissioner shall establish and maintain efficient and effective arrangements (in this Part referred to as “relevant arrangements”) for handling complaints that fall within a category of complaints that are specified in the approved list.

• (2) Before establishing the relevant arrangements, the Garda Commissioner shall consult with the Police Ombudsman and such other persons as he or she thinks appropriate.

• (3) Without prejudice to the generality of subsection (1), the relevant arrangements shall provide for:

• (a) complaints to be dealt with in a transparent, timely, fair, objective and proportionate manner;

• (b) the procedures for the resolution of complaints within a Garda Síochána division where appropriate;

• (c) the resolution of complaints through the provision, where appropriate, of information, explanation, assurance or apology to a complainant;

• (d) the notification, where known, of the member of garda personnel who is the subject of the complaint;

• (e) the procedures to ensure that complainants and members of garda personnel who are the subject of a complaint are informed about the progress of the consideration of the complaint and its resolution;

• (f) the circumstances in which a complainant may request An Garda Síochána to review the manner in which a complaint made by or on behalf of him or her has been dealt with under the arrangements;

• (g) the provision, where appropriate, of guidance or training to members of garda personnel who are the subject of complaints;

• (h) the recording of the manner in which complaints are resolved.

• (4) The Garda Commissioner shall keep the relevant arrangements under review and may, having consulted with the Police Ombudsman and such other persons as the Garda Commissioner considers appropriate, make such modifications to the arrangements as he or she considers necessary.

• (5) The relevant arrangements, including any modifications thereof under subsection (4), shall be published by the Garda Commissioner on a website maintained by or on behalf of An Garda Síochána or in such other manner as the Garda Commissioner considers appropriate.

• (6) The Garda Commissioner shall, at such intervals and in such form as may be required by the Police Ombudsman, provide a report to the Police Ombudsman on any matters connected with the operation of the relevant arrangements.

• (7) The Police Ombudsman may publish all or part of a report received under subsection (6) in such manner as he or she considers appropriate.

202. Application of arrangements for handling complaints suitable for resolution by An Garda Síochána

202. (1) The Garda Commissioner shall ensure that a complaint that is—

• (a) referred to him or her under section 199(4)(c), or

• (b) received by An Garda Síochána under section 196(1)(b) and falls within a category of complaint specified in an order under section 196(8),

is handled in accordance with the relevant arrangements.

• (2) Subsection (1) shall apply notwithstanding that a person who is the subject of a complaint referred to the Garda Commissioner under section 199(4)(c)—

• (a) at the time of such referral, is no longer a member of garda personnel, or

• (b) retires or resigns from An Garda Síochána at any time after such referral.

• (3) Where, in the course of handling a complaint in accordance with the relevant arrangements, it appears to the Garda Commissioner that it is not suitable for resolution by An Garda Síochána by reason of the nature or gravity of the complaint, the Garda Commissioner shall consult with the Police Ombudsman and, with the approval of the Police Ombudsman, refer the complaint to the Police Ombudsman together with any information and material gathered in relation to it.

• (4) Where a complaint is referred to the Police Ombudsman under subsection (3), the Police Ombudsman shall be deemed, subject to any necessary modifications, to have made a determination under section 199(1)(b) that the complaint warranted an investigation.

203. Matter concerning death of, or serious harm to, a person

203. (1) The Garda Commissioner shall, subject to subsection (2), without delay, refer to the Police Ombudsman any matter that appears to the Garda Commissioner to indicate that the act or omission of a member of garda personnel may have resulted in the death of, or serious harm to, a person.

• (2) Subsection (1) shall not apply to an act or omission of a member of garda staff while the member of garda staff was not on duty.

204. Notification to Police Ombudsman of incident of concern

204. (1) Where the Garda Commissioner becomes aware of an incident of concern in relation to a member of garda personnel, he or she shall, subject to subsection (6) and as soon as practicable after he or she becomes so aware, notify, in accordance with the protocols, the Police Ombudsman of the incident of concern.

• (2) The Police Ombudsman shall, on receipt of a notification under subsection (1), having consulted with the Garda Commissioner and in accordance with the protocols, decide to take any one or more of the following actions:

• (a) decide that no further action is required by the Police Ombudsman;

• (b) require the Garda Commissioner to notify him or her of the outcome of any investigation undertaken by An Garda Síochána of the incident of concern;

• (c) require the Garda Commissioner to keep him or her informed of the progress of any investigation undertaken by An Garda Síochána of the incident of concern or to submit to him or her such reports in relation to such an investigation at such times and in relation to such matters as he or she may direct, or both;

• (d) without prejudice to paragraphs (a) to (c), where the incident of concern relates to the commission of an alleged offence determine that the matter warrants an investigation and direct the Garda Commissioner to forward, without delay, all information and material in relation to the incident to him or her.

• (3) The Police Ombudsman shall notify the Garda Commissioner, without delay, of any decision he or she takes under subsection (2).

• (4) Nothing in this section shall preclude—

• (a) the Garda Commissioner or a member of garda personnel from taking any lawful action to prevent the commission of an offence or a breach of the standards of professional behaviour, or

• (b) the commencement or continuation of a criminal investigation or conduct proceedings in relation to an incident of concern pending a notification under subsection (3).

• (5) The Garda Commissioner shall, as soon as practicable, inform the Police Ombudsman of the commencement or continuation of any criminal investigation or conduct proceedings in relation to an incident of concern and the reasons for same.

• (6) The Garda Commissioner shall notify an incident of concern to the Police Ombudsman under subsection (1) only to the extent that to do so—

• (a) would not be prejudicial to the security of the State, or

• (b) would not endanger the life or safety of any person who has given information in confidence to a public body in relation to the enforcement or administration of the law.

• (7) Where subsection (6) applies, the Garda Commissioner shall, as soon as practicable, notify the Independent Examiner and the Police Ombudsman of such application.

• (8) This section applies to incidents of concern of which the Garda Commissioner first became aware after the coming into operation of this section.

205. Investigation of matters in public interest

205. (1) Subject to section 206(1), the Police Ombudsman may, if it appears to him or her to be in the public interest and without receiving an admissible complaint or a notification under section 204(1) of an incident of concern, undertake an investigation into any matter that appears to him or her to be a relevant cause of concern.

• (2) The Minister may, if it appears to him or her to be in the public interest, request the Police Ombudsman to undertake an investigation into any matter that appears to the Minister to be a relevant cause of concern and the Police Ombudsman shall investigate any matter so referred.

• (3) Notwithstanding subsection (2), the Minister may refer any matter to the Police Ombudsman that appears to the Minister to be a relevant cause for concern and the Police Ombudsman shall consider the matter in accordance with subsection (1).

• (4) Where the Minister makes a request to the Police Ombudsman under subsection (2) or refers a matter to the Police Ombudsman under subsection (3), the Minister shall notify the Garda Commissioner of the request or the matter concerned and the fact of its referral.

• (5) The Authority may refer any matter that appears to the Authority to be a relevant cause for concern to the Police Ombudsman and he or she shall consider the matter in accordance with subsection (1).

• (6) Where the Authority refers a matter to the Police Ombudsman under subsection (5), the Authority shall notify the Garda Commissioner of the relevant cause for concern and the fact of its referral.

• (7) Without prejudice to any other provision of this Part, the Garda Commissioner may, if it appears to him or her to be in the public interest, refer any matter to the Police Ombudsman that appears to the Garda Commissioner to be a relevant cause of concern and the Police Ombudsman shall consider the matter in accordance with subsection (1).

• (8) Where a matter is referred to the Police Ombudsman under subsection (3), (5) or (7) and he or she decides that it is not in the public interest to undertake an investigation, the Police Ombudsman shall notify the following persons of his or her decision and the reasons for same:

• (a) where the referral was under subsection (3), the Minister;

• (b) where the referral was under subsection (5), the Authority;

• (c) the Garda Commissioner;

• (d) the person who brought the matter, or on whose behalf the matter was brought, to the attention of the Minister or the Authority, as the case may be.

• (9) For the purposes of his or her determination under subsection (1), the Police Ombudsman may make such inquiries as he or she considers appropriate.

• (10) In this section, “relevant cause of concern” means a concern that a member of garda personnel may have—

• (a) committed an offence, or

• (b) behaved in a manner that constitutes misconduct that would justify the bringing of conduct proceedings.

206. Protected disclosures relating to An Garda Síochána

206. (1) The Police Ombudsman shall consider, in accordance with section 205(1), any disclosure of relevant wrongdoing relating to An Garda Síochána—

• (a) that is made to him or her in the manner specified in section 7 of the Act of 2014 as the person prescribed under subsection (2)(a) of that section to be the recipient of disclosures of such relevant wrongdoing, or

• (b) to which a report (within the meaning of the Act of 2014) relates that is transmitted to him or her—

• (i) by the Protected Disclosures Commissioner pursuant to section 10C(1)(b) or 10D(1)(b)(ii) of that Act, or

• (ii) by another prescribed person (within the meaning of that Act) pursuant to section 7A(1)(b)(vi)(I)(A) of that Act.

• (2) Subsection (1) shall apply regardless of whether the worker making a disclosure referred to in that subsection is a member of garda personnel or not.

• (3) Where paragraph (b) of subsection (1) applies, the disclosure to which the report referred to in that paragraph relates shall be deemed for all purposes to have been made in the manner referred to in paragraph (a) of that subsection.

• (4) Where the Police Ombudsman decides under section 205(1) to undertake an investigation in relation to a disclosure referred to in subsection (1), he or she may—

• (a) proceed with the investigation notwithstanding that the person making the disclosure has withdrawn or abandoned the disclosure, and

• (b) disclose, in accordance with sections 16 to 16C of the Act of 2014, the identity of the person referred to in paragraph (a).

• (5) Where the Police Ombudsman decides not to investigate a matter the subject of a disclosure referred to in subsection (1), he or she shall notify—

• (a) the worker who made the disclosure, and

• (b) where the disclosure is a disclosure referred to in paragraph (b) of subsection (1), the Protected Disclosures Commissioner,

of his or her decision and the reasons for same.

• (6) In this section, “relevant wrongdoing” and “worker” have the same meanings respectively as they have in the Act of 2014.

207. Investigation of matters relating to Garda Commissioner by Police Ombudsman

207. (1) Where it appears to the Police Ombudsman to be in the public interest, he or she may, with 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.

• (2) Where it appears to the Minister to be in the public interest, he or she may, with the approval of the Government, request the Police Ombudsman 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 Police Ombudsman shall investigate any matter to which such a request refers.

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

• (4) The Minister may issue a directive to a Deputy Garda Commissioner or an Assistant Garda Commissioner, including in circumstances where a Deputy Garda Commissioner or an Assistant Garda Commissioner is performing the functions of the Garda Commissioner pursuant to section 28, requiring him or her to take any lawful measures that appear to the Deputy Garda Commissioner or the Assistant Garda Commissioner, as the case may be, to be necessary or expedient for the purposes of—

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

• (b) facilitating the Police Ombudsman to obtain that evidence.

• (5) A Deputy Garda Commissioner or an Assistant Garda Commissioner to whom a directive is issued under subsection (4) shall comply with the directive.

• (6) Where a designated officer is appointed under section 208 to undertake an investigation, this Part shall apply to the investigation subject to the following and any other necessary modifications:

• (a) the reference in section 214(1) to a member of garda personnel shall be construed as a reference to the Garda Commissioner;

• (b) where the Police Ombudsman is of the opinion that a report under section 208(10) or (11) of a matter under subsection (1) or (2) discloses serious misconduct, he or she shall, a soon as practicable, report that to the Minister.

208. Investigations

208. (1) The Police Ombudsman shall appoint a designated officer to undertake an investigation in accordance with this Part where—

• (a) the Police Ombudsman makes a determination under section 199(1)(b) that a complaint warrants an investigation,

• (b) any matter is referred to the Police Ombudsman under section 203(1),

• (c) subject to subsection (2), any matter appears to the Police Ombudsman to indicate that the conduct of a member of garda personnel may have resulted in the death of, or serious harm to, a person,

• (d) the Police Ombudsman makes a decision under section 204(2)(d) that a matter referred to in that section warrants an investigation,

• (e) the Police Ombudsman makes a decision to undertake an investigation under section 205(1),

• (f) the Police Ombudsman receives a request from the Minister under section 205(2),

• (g) section 207(1) applies, or

• (h) the Police Ombudsman receives a request from the Minister under section 207(2).

• (2) Paragraph (c) of subsection (1) shall not apply where the complaint relates to the act or omission of a member of garda staff while the member was not on duty.

• (3) An appointment under subsection (1) shall be recorded in writing.

• (4) Subsection (1) shall apply notwithstanding that—

• (a) the identity of the member of garda personnel who is the subject of the investigation is not known when the appointment under that subsection is made,

• (b) the member of garda personnel who is the subject of the investigation is no longer a member or retires or resigns from An Garda Síochána after the making of the appointment under that subsection, or

• (c) the matter that is the subject of the investigation may also involve a person who is not a member of garda personnel.

• (5) Where the Police Ombudsman appoints a designated officer under paragraph (b), (c), (d), (e), (f), (g) or (h) of subsection (1) to undertake an investigation, he or she shall, subject to subsection (6), notify—

• (a) in the case of an appointment under paragraph (b), (c), (d), (e) or (f) of subsection (1)—

• (i) where known, or upon becoming known, to the Police Ombudsman, the member of garda personnel who is the subject of the investigation, of that appointment, and

• (ii) the Garda Commissioner,

and

• (b) in the case of an appointment under paragraph (g) or (h) of subsection (1), the Garda Commissioner of that appointment.

• (6) Subject to subsection (7), where the Police Ombudsman has a good reason to do so, he or she may postpone a notification under paragraph (a)(i) or paragraph (b) of subsection (5).

• (7) A postponement of a notification under subsection (6) shall apply only so long as there is a good reason for such postponement and where a good reason ceases to exist, the notification shall be made as soon as practicable.

• (8) The Police Ombudsman shall inform the Garda Commissioner of—

• (a) a decision under subsection (6) to postpone a notification under subsection (5)(a)(i), including the reason for same, and

• (b) a notification of a member of garda personnel under subsection (5)(a)(i) following the cessation of the reason for the postponement of the notification under subsection (6).

• (9) The Police Ombudsman may direct that an investigation be suspended, where—

• (a) the matter the subject of the investigation is under investigation by another public body,

• (b) the matter the subject of the investigation is the subject of civil or criminal proceedings in respect of which a final determination of the issues has not been made by the court in those proceedings, or

• (c) the Police Ombudsman is of the opinion that to undertake, or continue with, an investigation would interfere, or conflict, with the functions of another public body.

• (10) On completion of an investigation by a designated officer in accordance with this Part, the designated officer shall submit a report on the investigation to the Police Ombudsman.

• (11) Nothing in subsection (10) shall limit the power of the designated officer to submit to the Police Ombudsman at any time a report concerning a part of an investigation or a member who is the subject of the investigation.

• (12) In any legal proceedings, a document purporting to be an appointment under subsection (1) or a copy of such an appointment purporting to be signed by the Police Ombudsman, or on behalf of the Police Ombudsman, shall, unless the contrary is shown, be evidence of the matters stated therein without further proof, including proof of the signature of the Police Ombudsman, or other person authorised to give the authorisation on behalf of the Police Ombudsman.

209. Powers equivalent to member of An Garda Síochána when undertaking investigation

209. (1) Where a designated officer is appointed under section 208(1) to undertake an investigation, any designated officer shall, for the purposes of undertaking, or assisting in, the investigation concerned and any matters ancillary or consequential to such an investigation, have all the powers, immunities and privileges conferred, and all the duties imposed, on any member of An 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 premises) 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 purposes of subsection (1), an enactment conferring a power, immunity or privilege or imposing a duty on a member of An 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 An Garda Síochána shall be construed as a reference to a designated officer;

• (b) a reference in section 4 of the Criminal Justice Act 1984 or in the Regulations of 1987 to a member in charge of a Garda Síochána station shall be construed as a reference to a designated officer;

• (c) a reference in the enactment to a member of An Garda Síochána not below the rank of inspector shall be construed as a reference to a senior designated officer.

• (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 subsection (1) is guilty of an offence and is liable, on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both.

• (4) In this section—

“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.

210. Search of Garda Síochána premises

210. (1) Subject to this section, where a designated officer is appointed under section 208(1) to undertake an investigation, any designated officer may, with the authorisation of the Police Ombudsman, apply to a judge of the District Court for a warrant to carry out a search of a Garda Síochána premises.

• (2) Before authorising the making of an application under subsection (1), the Police Ombudsman shall consult with the Garda Commissioner for the purpose of establishing if the Garda Commissioner objects to a search of a Garda Síochána premises for reasons relating to the security of the State.

• (3) A consultation under subsection (2) shall be confidential and the Garda Commissioner shall put in place procedures to ensure such consultation does not impair the integrity of investigations.

• (4) The Police Ombudsman may authorise the making of an application by a designated officer under subsection (1)—

• (a) where the Garda Commissioner does not object to a search of a Garda Síochána premises for the reasons referred to in subsection (2), or

• (b) on receipt under subsection (17)(a) of a direction under subsection (15).

• (5) An authorisation issued under subsection (4) shall be recorded in writing and the authorisation, or a copy thereof, shall, unless the contrary is shown, be evidence of the matters stated therein without further proof.

• (6) A designated officer shall include in his or her information on oath supporting an application under subsection (1)—

• (a) a copy of the authorisation issued by the Police Ombudsman under subsection (4), and

• (b) where relevant, a copy of a direction issued under subsection (15).

• (7) A judge of the District Court may, if satisfied by hearing evidence on oath by a designated officer that—

• (a) there is reasonable cause to suspect that a member of garda personnel who is the subject of an investigation is guilty of an offence, and

• (b) there are reasonable grounds for suspecting that evidence of, or relating to, the commission of the offence is to be found on a Garda Síochána premises or in the possession of any person to be found there,

issue a search warrant for the search of that Garda Síochána premises in accordance with any direction under subsection (15).

• (8) A search warrant issued under subsection (7) shall authorise a named designated officer, accompanied by such other designated officers or persons, or both, as the named designated officer thinks necessary, to—

• (a) enter, within one week after the date specified on the warrant, the Garda Síochána premises specified therein,

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

• (c) seize any thing found on that premises, or found in the possession of a person present on the premises at the time of the search, that the designated officer or any other designated officer or person accompanying him or her reasonably believes to be evidence of, or relating to, the commission of the offence concerned, and

• (d) take any other steps which may appear to the designated officer or any other designated officer or person accompanying him or her to be necessary for preserving any such thing and preventing interference with it.

• (9) The authority conferred by subsection (8)(c) to seize any thing includes, in the case of a document or record, authority—

• (a) to make and retain a copy of the document or record, and

• (b) where necessary, to seize and, for as long as necessary, retain any computer or other storage medium in which any document or record is kept.

• (10) A designated officer acting under the authority of a warrant under this section may—

• (a) operate any computer at the Garda Síochána premises where the search is carried out or cause any such computer to be operated by any other designated officer or person accompanying the officer for that purpose, and

• (b) require any person at that premises who appears to the officer to have lawful access to the information in any such computer—

• (i) to give to the officer any password necessary to operate it,

• (ii) otherwise to enable the officer, any other designated officer or person accompanying him or her to examine the information accessible by the computer in a form in which the information is visible and legible, or

• (iii) to produce the information in a form in which it can be removed and in which it is, or can be made, visible and legible.

• (11) Where a designated officer has entered Garda Síochána premises in the execution of a warrant issued under subsection (7), he or she may seize any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

• (12) A designated officer acting under a search warrant issued under subsection (7) may—

• (a) require any person present at the Garda Síochána premises 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 or person 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.

• (13) A person who—