POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

• (a) obstructs or attempts to obstruct a designated officer, or any other designated officer or person accompanying the officer, acting under a search warrant issued under this section,

• (b) fails to comply with a requirement under subsection (12)(a), or

• (c) gives a false name or address to that officer in response to a requirement under subsection (12)(a),

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

• (14) Where the Garda Commissioner objects to a search of a Garda Síochána premises for the reasons referred to in subsection (2), he or she shall, without delay, notify in writing the Police Ombudsman and the Independent Examiner of his or her objection for the purposes of a review of the objection under section 243.

• (15) Upon receipt of a recommendation from the Independent Examiner under section 243(4) in relation to a matter referred to in subsection (14), where the Minister is satisfied, taking into account the recommendation, that the search of a Garda Síochána premises—

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

• (b) is proportionate and 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 An Garda Síochána,

he or she shall issue a direction specifying the Garda Síochána premises that may be the subject of an application under subsection (1).

• (16) A direction under subsection (15) may contain such conditions or restrictions relating to the search that the Minister considers necessary in the interests of the security of the State.

• (17) The Minister shall, as soon as practicable after—

• (a) issuing a direction under subsection (15), provide a copy of the direction to the Police Ombudsman and the Garda Commissioner, or

• (b) he or she decides not to issue a direction under that subsection, so inform the Police Ombudsman and the Garda Commissioner in writing.

• (18) In this section—

“computer at the Garda Síochána premises where the search is carried out” includes any other computer, whether at that premises or at any other place, which is lawfully accessible by means of that computer;

“search”, in relation to a search of a Garda Síochána premises pursuant to a warrant issued under subsection (7), includes a search of a vehicle on such a premises that is privately owned by a member of garda personnel;

“seize”, in relation to any thing found on a Garda Síochána premises, includes a power to seize any thing found in a vehicle privately owned by a member of garda personnel that is on such a premises during the course of a search pursuant to a warrant issued under subsection (7).

211. Additional powers for purpose of undertaking investigations

211. (1) For the purpose of an investigation, a designated officer, without prejudice to the powers he or she has pursuant to section 209, may, by notice in writing—

• (a) require any person who, in his or her opinion, possesses information or has a document or thing in his or her power or control that is relevant to, and required for the purposes of, the investigation, to provide that information, document or thing to the designated officer, and

• (b) where appropriate, require that person to attend before the designated officer for that purpose.

• (2) Subject to subsections (5) and (12), a person shall comply with a requirement of him or her specified in a notice under subsection (1).

• (3) A notice under subsection (1) shall specify—

• (a) a period within which the person is to comply with the notice, 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.

• (4) A person who is required to attend before a designated officer pursuant to a notice under subsection (1)(b) shall—

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

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

• (5) A person may refuse to provide, other than in accordance with a direction under subsection (8), any information, document or thing pursuant to a requirement under subsection (1)(a) or to answer any question under subsection (4)(a) on the grounds that it relates to the security of the State.

• (6) Where a person is of the opinion that subsection (5) applies in relation to a requirement made of him or her, the designated officer shall so inform the Police Ombudsman.

• (7) Where the Police Ombudsman is informed under subsection (6) that a person is of the opinion that subsection (5) applies, the Police Ombudsman may refer the refusal by the person to provide the information, document or thing pursuant to a requirement under subsection (1)(a) or to answer the question under subsection (4)(a) to the Independent Examiner in writing for the purposes of a review of the refusal in accordance with section 243.

• (8) Upon receipt of a recommendation from the Independent Examiner under section 243(4) in relation to a matter referred to in subsection (7), where the Minister is satisfied, taking into account the recommendation, that the provision of all or part of the information, document or thing specified in the requirement or the answering of the question, as the case may be—

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

• (b) 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 An Garda Síochána,

he or she shall issue a direction specifying that all or part, as the case may be, of the document, information or thing be disclosed or the question answered.

• (9) A direction under subsection (8) may contain such conditions or restrictions relating to the disclosure or answer that the Minister considers necessary in the interests of the security of the State.

• (10) The Minister shall, as soon as practicable after—

• (a) issuing a direction under subsection (8), provide a copy of the direction to the Police Ombudsman, or

• (b) he or she decides not to issue a direction under that subsection, so inform the Police Ombudsman in writing.

• (11) A person who fails or refuses to comply with a requirement under subsection (1) or (4), or fails to comply with a direction under subsection (8), without reasonable excuse is guilty of an offence and is liable, on summary conviction, to a class C fine or imprisonment for a term not exceeding 6 months, or both.

• (12) Nothing in this section shall be taken to compel a person, in complying with a requirement under subsection (1) or (4), or a direction under subsection (8), to provide any information, document or thing that would be exempt from production in proceedings in a court on the ground of legal professional privilege.

• (13) Any statement or admission made by a person in accordance with a requirement under subsection (1) or (4), a direction under subsection (8) or any such requirement or direction in relation to which the District Court has made a determination on application to it under section 212(1), shall not be admissible as evidence in any proceedings brought against the person for an offence (other than an offence under subsection (11)) and this shall be explained to the person in ordinary language by the designated officer or judge, as appropriate.

212. Privileged legal material

212. (1) Where a person subject to a requirement under subsection (1) or (4) of section 211, or a direction under subsection (8) of that section, refuses to comply with such direction or requirement on the grounds that subsection (12) of that section applies, the Police Ombudsman or the person subject to such direction or requirement may apply to the District Court for a determination as to whether that subsection applies to the information, document or thing the subject of the requirement or direction.

• (2) A person who refuses to comply with a requirement under subsection (1) or (4) of section 211, or a direction under subsection (8) of that section, on the grounds that the document or thing is privileged legal material shall preserve the document or thing and keep it in a safe and secure place pending the determination of an application under subsection (1) and shall, if it is so determined not to be privileged legal material, produce it in accordance with an order made by the District Court in an application under subsection (1).

• (3) Pending the making of a final determination of an application under subsection (1), the judge of the District Court may give such interim or interlocutory directions as he or she considers appropriate, including, without prejudice to the generality of the foregoing, in a case in which the volume of documents that are the subject of the application is substantial, directions as to the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the judge considers to be appropriate for the purpose of—

• (a) examining the documents, and

• (b) preparing a report for the judge with a view to assisting or facilitating the judge in the making by him or her of his or her determination as to whether the documents are privileged legal material.

• (4) An application under subsection (1) may, if the judge of the District Court so directs, be heard otherwise than in public.

• (5) An appeal against the determination of a judge of the District Court under this section shall lie to the Circuit Court and no further appeal shall lie from an order of the Circuit Court made on an appeal under this section.

• (6) Rules of court may make provision for the expeditious hearing of applications to a judge of the District Court, and any appeals against the determinations of such a judge, under this section.

• (7) The Minister may make regulations for the purposes of this section relating to the awarding, and payment, of costs to or by any party pursuant to an application or an appeal under this section.

• (8) An application under subsection (1) shall be made to a judge of the District Court who is assigned to the District Court district in which the document or thing sought is located or the person from whom the information, document or thing is sought ordinarily resides or carries on any profession, business or occupation.

• (9) In this section, “privileged legal material” means any information, document or thing which, in the opinion of the court concerned, a person is entitled to refuse to produce or to give access to it on the grounds of legal professional privilege.

213. Power to discontinue investigation

213. (1) Notwithstanding any other provision of this Act, the Police Ombudsman may at any time direct that an investigation of a complaint be discontinued where—

• (a) he or she is of the opinion that—

• (i) the complaint is frivolous,

• (ii) the complainant has withdrawn the complaint,

• (iii) the complainant has disengaged from the complaints process,

• (iv) the complaint is vexatious,

• (v) the complaint was made in the knowledge that it was false or misleading,

• (vi) further investigation is not necessary, reasonably practicable or proportionate having regard to all the circumstances,

• (vii) continuing with the investigation would interfere, or conflict, with the functions of another public body, including An Garda Síochána, or

• (viii) continuing with the investigation would interfere with legal proceedings before a court or tribunal in the State,

or

• (b) the complaint has been resolved to the satisfaction of the complainant.

• (2) Notwithstanding any other provision of this Act, the Police Ombudsman may direct that an investigation of any matter under this Part, other than a complaint, be discontinued if he or she is of the opinion that—

• (a) further investigation is not necessary, reasonably practicable or proportionate having regard to all the circumstances,

• (b) continuing with the investigation would interfere, or conflict, with the functions of another public body, including An Garda Síochána, or

• (c) continuing with the investigation would interfere with legal proceedings before a court or tribunal in the State.

• (3) Where a direction is made under subsection (1) or (2), the Police Ombudsman shall notify such of the following persons as, in his or her opinion, may be appropriate, of the direction and the reasons for same:

• (a) the complainant;

• (b) the member of garda personnel who is the subject of the complaint or investigation, as the case may be;

• (c) the Garda Commissioner;

• (d) the Minister;

• (e) the Authority;

• (f) in the case of a protected disclosure, the person who made the disclosure;

• (g) any other person.

214. Referral by Police Ombudsman to Director of Public Prosecutions

214. (1) Where the Police Ombudsman is of the opinion that a report under subsection (10) or (11) of section 208 discloses an act or omission that may constitute an offence by a member of garda personnel, he or she shall—

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

• (b) at such Director’s request, provide him or her with any other information, document or thing 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.

• (2) The Director of Public Prosecutions shall inform the Police Ombudsman—

• (a) of a decision of the Director regarding whether or not to institute a prosecution in relation to the act or omission that is the subject of a report received from the Police Ombudsman under subsection (1), and

• (b) where a prosecution is instituted, the progress of the prosecution and whether it results in the conviction or acquittal of the member of garda personnel whose act or omission was the subject of the report.

• (3) Subsection (1) shall not limit the power of the Police Ombudsman to forward to the Director of Public Prosecutions at any time a report on an investigation that, in his or her opinion, discloses the commission of an offence.

• (4) Notwithstanding that—

• (a) a member of garda personnel is convicted or acquitted of an offence in respect of a matter reported to the Director of Public Prosecutions under this section,

• (b) the charge against the member of garda personnel in respect of an offence referred to in paragraph (a) is dismissed under section 4E of the Criminal Procedure Act 1967,

• (c) the proceedings for an offence referred to in paragraph (a) are discontinued, or

• (d) the Director of Public Prosecutions decides not to institute a prosecution in relation to a matter reported to him or her under this section,

the institution or continuation of conduct proceedings or dismissal proceedings in relation to the matter shall not be precluded by reason only that the act or omission concerned is in substance the same as the conduct constituting the offence referred to in paragraph (a) or the Director of Public Prosecutions decides not to institute a prosecution in relation to a matter reported to him or her under this section.

• (5) Nothing in this section shall preclude the Police Ombudsman from making a report under section 215, whether in addition to a report to the Director of Public Prosecutions under subsection (1) or otherwise, and providing a copy to the Garda Commissioner, the Minister or the Authority, as appropriate.

215. Other referrals by Police Ombudsman following investigation

215. (1) Where the Police Ombudsman is of the opinion that a report under subsection (10) or (11) of section 208 discloses—

• (a) any matter that should be dealt with—

• (i) by way of conduct proceedings,

• (ii) by way of performance proceedings, or

• (iii) under any other arrangements by or under which the unsatisfactory performance of a member of garda personnel is dealt with by An Garda Síochána,

or

• (b) a concern in relation to the practices, policies or procedures of An Garda Síochána or any other issue of a general or systemic nature in relation to An Garda Síochána,

the Police Ombudsman shall provide a copy of the report to the Garda Commissioner, the Minister or the Authority, as appropriate, with such recommendations as he or she considers appropriate.

• (2) The Garda Commissioner shall, as soon as practicable after receiving a copy of a report under subsection (1), notify, in accordance with the protocols, the Police Ombudsman of the actions (if any) to be taken by the Garda Commissioner in response to the recommendations in the report and the reasons for same.

• (3) In any performance proceedings, conduct proceedings or dismissal proceedings instituted in relation to a matter or concern in a report referred to in subsection (1), a document that purports to be that report shall, unless the contrary is shown, be evidence of the facts stated therein without further proof.

• (4) Where performance proceedings, conduct proceedings or dismissal proceedings are instituted following the receipt of a report referred to in subsection (1), the Garda Commissioner shall, upon the completion of the proceedings and in accordance with the protocols, notify the Police Ombudsman of the outcome and the reasons for same.

• (5) Nothing in this section shall preclude the suspension of performance proceedings, conduct proceedings or dismissal proceedings pending the conclusion of proceedings for an offence in relation to all or part of the act or omission that is the subject of the performance proceedings, conduct proceedings or dismissal proceedings, as the case may be.

• (6) Subsection (1) is without prejudice to the power of the Police Ombudsman to forward at any time to the Garda Commissioner, for any action that the Police Ombudsman considers appropriate, a report on a complaint, or other matter, that, in the opinion of the Police Ombudsman, discloses a concern in relation to a member of garda personnel.

216. Duty to keep certain persons informed

216. (1) The Police Ombudsman shall, on his or her initiative or on request by one or more of the following persons, provide such persons with sufficient information to keep them informed of the progress and results of an investigation:

• (a) where the investigation resulted from a complaint, the complainant;

• (b) where the investigation relates to a matter referred to in section 203(1) concerning the death of, or serious harm to, a person, the Minister;

• (c) where the investigation resulted from a request by the Minister under subsection (2) of section 205 or a referral by the Minister under subsection (3) of that section—

• (i) the person who brought the subject matter of the request or referral to the attention of the Minister or on whose behalf it was brought to such attention, and

• (ii) the Minister;

• (d) where the investigation resulted from a referral by the Authority under section 205(5)—

• (i) the person who brought the subject matter of the referral to the attention of the Authority or on whose behalf it was so brought,

• (ii) the Authority, and

• (iii) the Minister;

• (e) where the investigation resulted from a referral by the Garda Commissioner under section 205(7), the Minister;

• (f) where the investigation resulted from a decision under subsection (1) or (2) of section 207, the Minister;

• (g) the Garda Commissioner;

• (h) where the subject matter of the investigation relates to the conduct or performance of a known member of garda personnel, that member;

• (i) any other person that the Police Ombudsman considers has a sufficient interest in the matter.

• (2) Subsection (1) shall not apply to information the disclosure of which would, in the opinion of the Police Ombudsman—

• (a) prejudice a criminal investigation or prosecution,

• (b) jeopardise the safety of any person,

• (c) be contrary to section 16 or 16A of the Act of 2014, or

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

217. Provision of information and documents to Police Ombudsman by Garda Commissioner

217. (1) The Garda Commissioner shall, as soon as practicable, provide the Police Ombudsman with such information and documents as the Police Ombudsman may request for the purposes of, or in connection with, the performance of any of the functions of the Police Ombudsman.

• (2) Subsection (1) shall not apply in respect of any information or document, or part thereof, that, in the opinion of the Garda Commissioner, relates to the security of the State, save in so far as, and to the extent that, the Minister otherwise directs.

• (3) Where the Garda Commissioner refuses to comply with a request under subsection (1) to provide any information or document on the ground that he or she is of the opinion that subsection (2) applies, he or she shall so inform the Police Ombudsman in writing.

• (4) Where subsection (3) applies, the Police Ombudsman may refer the refusal by the Garda Commissioner to comply with a request under subsection (1) to the Independent Examiner in writing for the purposes of a review of the refusal under section 243.

• (5) Upon receipt of a recommendation from the Independent Examiner under section 243(4) in relation to a matter referred to in subsection (4), where the Minister is satisfied, taking into account the recommendation, that—

• (a) the provision of all or part of the information or document requested by the Police Ombudsman would not be prejudicial to the security of the State, or

• (b) that the provision of the information or document referred to in paragraph (a) 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 An Garda Síochána,

he or she shall issue a direction specifying that all or part, as the case may be, of the information or document be provided.

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

• (7) The Minister shall, as soon as practicable after—

• (a) issuing a direction under subsection (5), provide a copy of the direction to the Police Ombudsman and the Garda Commissioner, or

• (b) he or she decides not to issue a direction under that subsection, so inform the Police Ombudsman and the Garda Commissioner.

218. Performance of functions by designated officers of Police Ombudsman under Coroners Acts 1962 to 2020

218. (1) The Police Ombudsman 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—

• (a) to perform the functions conferred on such an officer by the Coroners Acts 1962 to 2020 in relation to the inquiry by a coroner under those Acts into the death of the person, 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 An 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 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 An Garda Síochána by or under any enactment or the common law.

Chapter 3 Miscellaneous (Part 6)

219. Duty to preserve evidence

219. (1) The Garda Commissioner shall ensure that any member of garda personnel, on becoming aware of a complaint or any matter notified or referred to the Police Ombudsman under this Part, shall take any lawful measures that appear to him or her to be necessary or expedient for the purpose of obtaining and preserving evidence relating to the complaint or matter.

• (2) Subsection (1) shall apply whether or not a determination has been made under section 198 regarding the admissibility of a complaint.

220. Duty of members of garda personnel to account to designated officer

220. (1) A member of garda personnel shall, when directed to do so by a designated officer, account for any act done, or omission made, by the member while on duty.

• (2) A failure by a member of garda personnel to comply with a direction under subsection (1) shall be the subject of disciplinary action in accordance with the Conduct Regulations or the conduct code.

• (3) Upon the giving of a direction under subsection (1) to a member of garda personnel, the designated officer shall inform the member—

• (a) that a failure to comply with the direction may lead to dismissal from An Garda Síochána, and

• (b) of the effect of subsection (4).

• (4) Any statement or admission made by a member of garda personnel pursuant to a direction under subsection (1) shall not be admissible as evidence in any criminal proceedings brought against the member concerned.

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

221. (1) 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 Part may be instituted within 18 months from the date of the offence.

• (2) For the purpose of subsection (1), it shall be presumed, unless the contrary is shown, that the offence was reported by the Police Ombudsman to the Director of Public Prosecutions in accordance with this Part.

222. Same act or omission may form basis for complaint or charge

222. (1) Subject to subsection (2), nothing in this Part precludes a member of An Garda Síochána from charging a member of garda personnel with an offence, or issuing him or her with a fixed charge notice in respect of an offence, even though the act or omission in respect of which the offence relates could be the subject matter of a complaint or investigation under this Part.

• (2) Where a complaint has been made or a matter notified or referred to the Police Ombudsman under this Part concerning the act or omission of a member of garda personnel, the member may not be charged with an offence relating to that act or omission except by or with the consent of the Director of Public Prosecutions.

223. Protocols

223. (1) As soon as practicable after the coming into operation of this section, the Police Ombudsman and the Garda Commissioner shall, by protocols in writing, make arrangements concerning the following matters:

• (a) the circumstances and procedures relating to notifications under section 204(1);

• (b) the consultation between the Police Ombudsman and the Garda Commissioner prior to a decision being taken under section 204(2);

• (c) the factors to be considered when making a decision under section 204(2) having regard to the functions of An Garda Síochána and the Garda Commissioner under this Act;

• (d) the consideration of any submissions from the Garda Commissioner that a decision by the Police Ombudsman to undertake an investigation under section 204(2)(d) in relation to a particular incident of concern could put in jeopardy another criminal investigation;

• (e) the use of detention facilities at Garda Síochána stations by designated officers for the purpose of exercising their powers and carrying out their duties under section 208;

• (f) the application of the Regulations of 1987 when the detention facilities at Garda Síochána stations are used by designated officers for the purpose referred to in paragraph (e);

• (g) the sending of notifications under subsection (2) or (4) of section 215;

• (h) the provision of sufficient information under section 216 to keep the Garda Commissioner informed of the progress and results of investigations in order to facilitate him or her in carrying out his or her functions, including in relation to the management of the suspension of members of garda personnel;

• (i) the operation of section 217;

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

• (k) the sharing with each other of information (including evidence of offences) obtained by either the Police Ombudsman or the Garda Commissioner;

• (l) the provision of training in relation to the conduct of investigations to officers of the Police Ombudsman by An Garda Síochána;

• (m) such other matters as the Police Ombudsman and Garda Commissioner consider would support the proper performance of their respective functions under this Part.

• (2) The Police Ombudsman and the Garda Commissioner shall keep under review the operation of the protocols under this section and those agreed pursuant to section 108 of the Act of 2005 and continued in accordance with subsection (3) and may agree such amendments to those protocols as appear to be necessary or desirable for the proper operation of this section.

• (3) Protocols agreed pursuant to section 108 of the Act of 2005 that are in force immediately before the repeal of that section by section 5, shall, on and after such repeal, be deemed to be protocols under this section and may be amended and revoked under this section accordingly.

224. Review by Police Ombudsman

224. (1) Where a complainant is notified—

• (a) under section 198(10)(a) that a determination has been made that his or her complaint is inadmissible, or

• (b) under subsection (3)(a) of section 213 that a direction has been made under subsection (1) of that section that the investigation of his or her complaint is to be discontinued,

he or she may, subject to subsection (2), within the period of 28 days beginning on the date the notification is received by the complainant, request the Police Ombudsman to review the determination or direction, as the case may be.

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

• (3) A request for a review under subsection (1) shall be made in such form and contain such information as the Police Ombudsman may specify.

• (4) Where the Police Ombudsman receives a request for a review in accordance with this section, he or she shall carry out, or arrange for the carrying out of, a review.

• (5) Following a review under this section, the Police Ombudsman shall, as soon as practicable, notify in writing, or arrange for the notification of, the complainant of the outcome of the review.

225. Judicial inquiry into conduct of Police Ombudsman, Deputy Police Ombudsman and policies, practices or procedures of Office of Police Ombudsman

225. (1) The Minister may, having consulted with the Police Ombudsman, and where he or she considers it to be in the public interest, request the Chief Justice to invite a judge to inquire (while serving as a judge) into either or both of the following:

• (a) the conduct of the Police Ombudsman, Deputy Police Ombudsman, chief executive officer of the Office of the Police Ombudsman or an officer of the Police Ombudsman, including a designated officer, in relation to an investigation or an investigation under section 227;

• (b) the policies, practices or procedures of the Office of the Police Ombudsman—

• (i) on a particular occasion in undertaking an investigation or an investigation under section 227, or

• (ii) in general in undertaking investigations or investigations under section 227.

• (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 an inquiry under this section and, if the invitation is accepted, the Chief Justice shall appoint the judge to conduct the inquiry (in this section referred to as an “appointed judge”).

• (3) The terms of reference of an appointed judge shall be specified in the request made by the Minister under subsection (1) and may relate to—

• (a) the conduct of the Police Ombudsman, Deputy Police Ombudsman, chief executive officer of the Office of the Police Ombudsman or an officer of the Police Ombudsman, including a designated officer—

• (i) on a particular occasion in undertaking an investigation or an investigation under section 227, or

• (ii) in general in undertaking investigations or investigations under section 227,

and

• (b) the policies, practices or procedures of the Police Ombudsman—

• (i) on a particular occasion in undertaking an investigation or an investigation under section 227, or

• (ii) in general in undertaking investigations or investigations under section 227.

• (4) Where a member of garda personnel was involved in an investigation referred to in paragraph (b) of subsection (3), the Minister may, having consulted with the Garda Commissioner, specify that the terms of reference of an inquiry under this section may relate to the conduct of the member.

• (5) An appointed judge may conduct an inquiry under this section 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.

• (6) For the purpose of an inquiry under this section, 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.

• (7) A person who does or omits to do anything that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.

• (8) A statement or admission made by a person to an appointed judge in an inquiry under this section shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (7)).

• (9) On completing an inquiry under this section, an appointed judge shall submit a report to the Minister of his or her findings and include in the report such recommendations as he or she considers relevant arising out of the matters investigated in accordance with the terms of reference of the inquiry.

• (10) Subject to subsection (11), the Minister shall forward a copy of a report submitted to him or her under subsection (9) to the Police Ombudsman for such action as the Police Ombudsman considers appropriate.

• (11) Where a report submitted to the Minister under subsection (9) concerns an inquiry into the conduct of the Police Ombudsman, subsection (10) shall apply subject to the modification that the reference in that subsection to the Minister shall forward shall be construed as a reference to the Minister may forward.

226. Offence of providing false or misleading information

226. (1) A person who, in relation to a complaint, an investigation or an investigation under section 227, provides to the Police Ombudsman or to a member of An Garda Síochána information that the person knows to be false or misleading is guilty of an offence and is liable, on summary conviction, to a class C fine 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 of Public Prosecutions by the Police Ombudsman.

227. Jurisdiction to investigate offences under Part

227. (1) The Police Ombudsman shall have jurisdiction to investigate an offence under this Part.

• (2) Where a designated officer is appointed by the Police Ombudsman to investigate an offence under this Part, all the powers, immunities and privileges conferred, and all the duties imposed, under section 209 shall apply to the officer for the purposes of that investigation and any matters ancillary or consequential to the investigation.

• (3) Section 210 shall apply with the necessary modifications in respect of an investigation under this section.

• (4) Where a designated officer completes an investigation under this section, he or she shall submit a report on the investigation to the Police Ombudsman.

• (5) Where, after considering a report submitted under subsection (4), the Police Ombudsman is of the opinion that the report discloses that an offence may have been committed, the Police Ombudsman shall—

• (a) send a copy of the report and the investigation file to the Director of Public Prosecutions, and

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

• (6) The Director of Public Prosecutions shall inform the Police Ombudsman of—

• (a) a decision of the Director regarding whether or not to institute a prosecution in relation to the alleged offence that is the subject of a report received from the Police Ombudsman under subsection (5), and

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

• (7) Notwithstanding that—

• (a) a member of garda personnel is convicted or acquitted of an offence in respect of a matter reported to the Director of Public Prosecutions under this section,

• (b) the charge against the member of garda personnel in respect of such an offence is dismissed under section 4E of the Criminal Procedure Act 1967,

• (c) the proceedings for such an offence are discontinued, or

• (d) the Director of Public Prosecutions decides not to institute a prosecution in relation to that matter,

the institution or continuation of conduct proceedings or dismissal proceedings in relation to the matter shall not be precluded by reason only that the act or omission under investigation is in substance the same conduct constituting the offence referred to in paragraph (a).

• (8) Section 216(1)(g) shall apply in respect of an investigation under this section.

228. Transitional provisions relating to complaints, investigations and other matters under Act of 2005

228. (1) Where, immediately before the repeal of section 87 of the Act of 2005 by section 5, a determination under that section 87 as to the admissibility of a complaint (within the meaning of Part 4 of that Act) has not been made, the complaint shall be deemed to have been made under this Act.

• (2) Where, immediately before the repeal of section 90 of the Act of 2005 by section 5, an admissible complaint (within the meaning of Part 4 of the Act of 2005) is subject to guidelines issued under that section 90 and the complaint has not been resolved, the Act of 2005 shall continue to apply to the complaint as if no provision of that Act had been repealed.

• (3) Where, immediately before the repeal of section 90 of the Act of 2005 by section 5, an admissible complaint (within the meaning of Part 4 of the Act of 2005) has been referred to the Garda Commissioner under paragraph (a) of section 92 of the Act of 2005 and the investigation of the complaint under section 94 of the Act of 2005 has commenced and has not been completed before the repeal of that section 94 by section 5, the Act of 2005 shall continue to apply to the investigation as if no provision of that Act had been repealed.

• (4) Where, immediately before the repeal of section 91 of the Act of 2005 by section 5, an examination under subsection (1)(a) of that section 91 of a complaint referred to in that section has not commenced or has not been completed, the complaint shall be deemed to have been made under this Act.

• (5) Where an investigation under section 95 or 98 of the Act of 2005 of a complaint (within the meaning of Part 4 of the Act of 2005) has not commenced before the repeal of those sections by section 5, the Act of 2005 shall continue to apply to the complaint as if no provision of that Act had been repealed.

• (6) Where an investigation under section 95 or 98 of the Act of 2005 of a complaint (within the meaning of Part 4 of the Act of 2005) has commenced before the repeal of those sections by section 5 and all matters relating to the investigation have not been completed before that repeal, the Act of 2005 shall continue to apply to the investigation as if no provision of that Act had been repealed.

• (7) Where an investigation of—

• (a) any matter under section 102(4), (4A) or (5) of the Act of 2005, or

• (b) any relevant wrongdoing to which a disclosure referred to in section 102A(1) of the Act of 2005 relates,

has not commenced before the repeal of those sections by section 5, the matter or disclosure concerned shall be deemed to be a matter or disclosure to which this Act applies.

• (8) Where an investigation of—

• (a) any matter under subsection (4), (4A) or (5) of section 102 of the Act of 2005, or

• (b) any relevant wrongdoing to which a disclosure referred to in section 102A(1) of the Act of 2005 relates,

has commenced before the repeal of those sections by section 5 and all matters relating to the investigation concerned have not been completed before the repeal, the Act of 2005 shall continue to apply to the investigation as if no provision of that Act had been repealed.

• (9) Where an examination under subsection (1) of section 106 of the Act of 2005 has commenced before the repeal of that section by section 5 and the examination has not been completed before that repeal, the Act of 2005 shall continue to apply to the examination as if no provision of that Act had been repealed.

• (10) For the purpose of this section—

• (a) a reference to the commencement of an investigation under section 95 of the Act of 2005 shall be construed as a reference to the time at which the Garda Síochána Ombudsman Commission decides to investigate a complaint about conduct that does not appear to constitute an offence under that section, and

• (b) a reference to the commencement of an investigation under section 98 of the Act of 2005 shall be construed as a reference to the time at which a designated officer of the Garda Síochána Ombudsman Commission is directed under that section to investigate a complaint under that Act.

• (11) Where, before the repeal of section 129 of the Act of 2005 by section 5, a certificate was signed by a member of the Garda Síochána Ombudsman Commission in accordance with subsection (1) or (2) of the said section 129, the certificate shall, in any legal proceedings after such repeal, unless the contrary is shown, be evidence of the matters stated therein as though the said subsections (1) and (2) of section 129 had not been repealed and subsection (3) of the said section 129 shall apply in respect of that certificate as if it had not been repealed.

PART 7 Independent Examiner of Security Legislation

Chapter 1 Preliminary and General (Part 7)

229. Definitions (Part 7)

229. In this Part—

“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;

“Act of 2009” means the Criminal Justice (Surveillance) Act 2009;

“Act of 2011” means the Communications (Retention of Data) Act 2011;

“annual report” has the meaning assigned to it by section 244(1);

“establishment day of the office” means the day appointed under section 231;

“information holder” means—

• (a) An Garda Síochána,

• (b) the Permanent Defence Force, or

• (c) a Minister of the Government or any other public body—

• (i) with responsibilities relating to national security and protecting the security of the State, including the safeguarding of critical infrastructure, the economic well-being of the State and international relations,

• (ii) responsible for, or involved in, the development, implementation or operation of security legislation, or

• (iii) in possession of information, documents or any other thing which, in the opinion of the Independent Examiner, is relevant to his or her work;

“office” has the meaning assigned to it by section 232(1);

“relevant Minister”, in relation to an information holder, means—

• (a) where the information holder is a Minister of the Government, that Minister, and

• (b) in each other instance, the Minister of the Government with responsibility for the information holder and in whom functions are vested, whether statutory or otherwise, as respects the information holder;

“security legislation” means—

• (a) the Offences against the State Acts 1939 to 1998,

• (b) the Criminal Law Act 1976,

• (c) the Act of 1993,

• (d) the Criminal Justice (Terrorist Offences) Act 2005,

• (e) the Act of 2009,

• (f) the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010,

• (g) the Act of 2011, and

• (h) any legislation specified by the Taoiseach in accordance with section 230;

“security services” means services related to protecting the security of the State;

“sensitive information” means information received by the Independent Examiner in the course of performing his or her functions that, were it to be disclosed to a third party, might—

• (a) prejudice or impair the security of the State, defence or international interests, or matters relating to Northern Ireland,

• (b) endanger the life or safety of any person,

• (c) identify, or provide details of, a source of information, other assistance or operational methods used in the delivery of security services or policing services,

• (d) reveal information about particular policing or security operations, criminal investigations or prosecutions that have been, are being or are proposed to be undertaken by an information holder,

• (e) reveal information provided to the State by an international body or the government of a state, other than the State, where the international body or government of that state does not consent to its disclosure,

• (f) prejudice the giving to the State of further sensitive information by an international body or the government of a state, other than the State, or prejudice the giving to an international body of further similar information by other states, or

• (g) prejudice the cooperation of an international body or the government of another state with the State;

“special report” means a report submitted to the Taoiseach under subsection (1) or (3) of section 245.

230. Specification of security legislation

230. (1) The Taoiseach may, having consulted with the Independent Examiner and such Minister of the Government as he or she considers appropriate, by order specify any enactment for the purposes of paragraph (h) of the definition of “security legislation” in section 229.

• (2) In making an order under subsection (1), the Taoiseach shall have regard to the functions of the Independent Examiner and the nature of the enactment in respect of which it is proposed to make an order.

Chapter 2 Establishment of office

231. Establishment day of office

231. The Government shall, by order, appoint a day to be the establishment day of the office for the purposes of this Part.

232. Establishment of office

232. (1) There shall stand established on the establishment day of the office, an office which shall be known as oifig an Scrúdaitheora Neamhspleách um Reachtaíocht Slándála (in this Part referred to as the “office”) to perform the functions conferred on it by this Act or any other enactment.

• (2) The holder of the office shall be known as An Scrúdaitheoir Neamhspleách um Reachtaíocht Slándála or, in the English language, as the Independent Examiner of Security Legislation (in this Act referred to as the “Independent Examiner”).

Chapter 3 Independent Examiner

233. Appointment of Independent Examiner

233. (1) Subject to this Part, the appointment of a person as the Independent Examiner shall be made by the Government on the passage of resolutions by Dáil Éireann and Seanad Éireann recommending the appointment of the person.

• (2) The Government may, before the establishment day of the office, designate a person to be appointed as the first Independent Examiner.

• (3) Where, immediately before the establishment day of the office, a person stands designated under subsection (2), the person shall, on that day, stand appointed as the first Independent Examiner.

• (4) Subsection (1) shall not apply to a person designated under subsection (2).

• (5) A person shall not be appointed, or designated for appointment, by the Government as the Independent Examiner unless the Government are satisfied that the person is suitable to be so appointed by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions of the Independent Examiner under this Act and any other enactment.

• (6) Subject to subsection (7), a person who holds the office of judge of the High Court, the office of judge of the Court of Appeal or the office of judge of the Supreme Court may, without relinquishing that office, be appointed as the Independent Examiner.

• (7) Where a person specified in subsection (6) is appointed as the Independent Examiner, he or she shall not, unless otherwise provided by the terms of his or her appointment, while so appointed, be required to carry out his or her duties under statute as the holder of the judicial office concerned referred to in that subsection.

• (8) Schedule 6 shall apply where a person holding a judicial office referred to in subsection (6) is appointed as the Independent Examiner.

234. Objectives, functions and powers of Independent Examiner

234. (1) The objectives of the Independent Examiner shall be—

• (a) to promote public confidence in security legislation,

• (b) to support the Government in protecting the security of the State,

• (c) to ensure that information relating to his or her functions is made available to the public to the greatest extent possible without prejudicing the security of the State, defence or international relations, and

• (d) to ensure that his or her functions are performed in a timely, efficient and effective manner.

• (2) Subject to this Act, the Independent Examiner shall have the following functions:

• (a) to keep under review the operation and effectiveness of security legislation, including by examining—

• (i) whether security legislation—

• (I) is effective and proportionate in its objectives in so far as they relate to the protection of the security of the State, and

• (II) contains sufficient safeguards for the protection of human rights,

and

• (ii) the ongoing necessity of the legislation for the protection of the security of the State;

• (b) to carry out reviews (within the meaning of section 243) and issue recommendations under that section;

• (c) to examine the efficiency and effectiveness of the delivery of security services;

• (d) to prepare annual reports, special reports, and reports under section 246;

• (e) to perform any other functions conferred on the Independent Examiner by or under this Act or any other enactment.

• (3) Subject to this Act, the Independent Examiner shall be independent in the performance of his or her functions.

• (4) The Independent Examiner shall, in the performance of his or her functions, have regard to the functions of other public bodies.

• (5) The Independent Examiner shall have all such powers as are necessary or expedient for the performance of his or her functions.

• (6) Where, in the course of the performance of his or her functions, the Independent Examiner becomes aware of a matter, in relation to an information holder, that is relevant to the functions of an independent oversight body in relation to the information holder, the Independent Examiner shall notify the matter to that body in writing.

• (7) Where the Independent Examiner is of the opinion that an enactment, other than an enactment which falls within the definition of “security legislation”, relates to the protection of the security of the State—

• (a) subsection (2)(a) shall apply as if the references to security legislation in that subsection included references to that enactment, and

• (b) the Independent Examiner shall inform the Minister of such opinion.

• (8) Where the Minister is informed under subsection (7) by the Independent Examiner of an opinion referred to in that subsection, the Minister shall inform such other Ministers of the Government as he or she considers appropriate of such opinion.

• (9) The Taoiseach may, having consulted with the Independent Examiner and such Ministers of the Government as he or she considers appropriate, by regulation—

• (a) confer on the Independent Examiner such additional functions relating to the protection of the security of the State as the Taoiseach considers appropriate, subject to such conditions (if any) as may be specified in the regulation, and

• (b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to, or arising out of, the conferral of those additional functions.

• (10) The Taoiseach shall, prior to making regulations under subsection (9), have regard to the objectives of the Independent Examiner specified in subsection (1) and the existing functions of the Independent Examiner under this Act or any other enactment.

• (11) In this section, “independent oversight body”, in relation to an information holder, means a public body, independent in the performance of its functions, which has as its purpose the oversight, inspection or investigation of, or the examination otherwise of material held by, the information holder.

235. Terms and conditions of appointment of Independent Examiner

235. (1) Subject to this Part, the appointment of a person under section 233 as the Independent Examiner shall be for such period, not exceeding 5 years, as the Government shall determine at the time of appointment.

• (2) Subject to subsection (3), the Government may reappoint a person as the Independent Examiner in accordance with section 233(1) for a further period not exceeding 5 years.

• (3) A person who has served 2 terms of office as the Independent Examiner shall not be eligible for reappointment under subsection (2).

• (4) The Independent Examiner shall hold office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Government, at the time of appointment or reappointment.

236. Power of Taoiseach to designate person to perform functions of Independent Examiner

236. (1) Where the Independent Examiner is, for any reason, unable to perform his or her functions under this Act, the Taoiseach shall, without delay, be so notified in writing by—

• (a) the Independent Examiner, or

• (b) where the Independent Examiner is unable to so notify the Taoiseach, the Minister upon his or her becoming aware of such inability.

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

• (a) the date from which the Independent Examiner ceased, or shall cease, being able to perform his or her functions,

• (b) the reason for which the Independent Examiner is unable to perform his or her functions, and

• (c) where known, the date on which the Independent Examiner shall be able to recommence the performance of his or her functions.

• (3) Where the Taoiseach receives a notification under subsection (1), he or she may designate a person to perform the functions of the Independent Examiner for such period, subject to subsection (5), as the Independent Examiner is unable to so perform those functions.

• (4) Subsections (5) to (8) of section 233 shall apply to a person designated under subsection (3) subject to the following and any other necessary modifications:

• (a) a reference in those subsections to an appointment shall be construed as a reference to a designation under subsection (3);

• (b) a reference in section 233(5) to the Government shall be construed as a reference to the Taoiseach.

• (5) A person designated by the Taoiseach under subsection (3) may perform the functions of the Independent Examiner for such period not exceeding 6 months as the Taoiseach may specify.

• (6) Where a person is designated under subsection (3) to perform the functions of the Independent Examiner, any reference in this Act or any other enactment to the Independent Examiner shall for the period of such designation be construed as including a reference to the person so designated.

• (7) In this section, a reference to the Independent Examiner being unable to perform his or her functions means—

• (a) the Independent Examiner being absent or incapacitated, or

• (b) the office being vacant.

237. Ineligibility for appointment and disqualification from office of Independent Examiner

237. (1) A person shall be eligible for nomination or appointment as the Independent Examiner only where he or she holds or has held the office of judge of the High Court, the office of judge of the Court of Appeal or the office of judge of the Supreme Court.

• (2) A person shall not be eligible for nomination or appointment as the Independent Examiner if he or she is—

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

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

• (c) a member of a local authority.

• (3) A person shall be disqualified from holding and shall cease to hold office as the Independent Examiner if he or she—

• (a) subject to subsection (4), is adjudicated bankrupt,

• (b) makes a composition or arrangement with his or her creditors,

• (c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

• (d) is convicted of an offence involving fraud or dishonesty,

• (e) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or a disqualification outside the State to like effect which corresponds to such a disqualification order.

• (4) A person shall be disqualified from holding office as the Independent Examiner under paragraph (a) of subsection (3) only for so long as he or she has not obtained a certificate of discharge from the bankruptcy.

• (5) Where the Independent Examiner is—

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

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

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

• (d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to hold office as the Independent Examiner.

238. Resignation of Independent Examiner

238. The Independent Examiner may resign from the office by notice in writing addressed to the Taoiseach and the resignation shall take effect on the date the Taoiseach receives the notice or, if a date is specified in the notice and the Taoiseach agrees to that date, on that date.

239. Removal of Independent Examiner

239. The Independent Examiner may be removed from office by the Government for stated reasons, including because he or she has—

• (a) without reasonable excuse, failed to perform the functions of the office,

• (b) become incapable through ill health or otherwise of effectively performing those functions,

• (c) committed stated misbehaviour,

• (d) a conflict of interest of such significance that he or she should cease to hold the office, or

• (e) is otherwise unfit to hold the office or is unable to discharge its functions.

240. Provision of services and staff to Independent Examiner

240. (1) The Minister shall, having consulted with the Independent Examiner and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, provide the Independent Examiner with such funds, premises, facilities and services as may be necessary for the proper functioning of the office.

• (2) The Minister may, having consulted with the Independent Examiner and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such and so many of the Minister’s officers as the Minister may determine to assist the Independent Examiner in the performance of his or her functions.

241. Power of Independent Examiner to appoint consultants and advisers and enter into contracts

241. (1) Subject to such procedures and requirements as may be contained in regulations (if any) under subsection (2), the Independent Examiner may, with the consent of the Minister given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform—

• (a) engage such consultants or advisers as he or she considers necessary to assist in the performance of his or her functions under this Act, and

• (b) enter into a contract with any person or body concerning any matter arising in relation to those functions.

• (2) The Minister may, with the consent of the Taoiseach and having regard to the need to protect the security of the State, make regulations providing for procedures to determine the suitability of, and any requirements to be met by—

• (a) consultants or advisers referred to in subsection (1)(a), or

• (b) persons or bodies referred to in subsection (1)(b).

• (3) The Minister may, having consulted with the Taoiseach, refuse to provide his or her consent under subsection (1) where the Minister is of the opinion that the consultant or adviser who the Independent Examiner proposes to engage under paragraph (a) of that subsection, or the person or body with whom the Independent Examiner proposes to enter into a contract under paragraph (b) thereof—

• (a) does not meet such requirements (if any) as may be specified in regulations under subsection (2), or

• (b) is otherwise not suitable.

• (4) There shall be paid by the office, out of the resources at the disposal of the office, to consultants, advisers, persons or bodies referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by them as the Independent Examiner, with the consent of the Minister given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.

• (5) Subject to subsection (4), the engagement of a person as a consultant or adviser under subsection (1)(a) shall be for such period and on such terms and conditions as the Independent Examiner considers appropriate.

242. Additional powers of Independent Examiner

242. (1) For the purposes of the performance of his or her functions, the Independent Examiner may, by notice in writing—

• (a) require an information holder who, in the opinion of the Independent Examiner, possesses information or has a document or thing in his or her power or control which is relevant for the performance of the Independent Examiner’s functions, to provide that information, document or thing to the Independent Examiner, and

• (b) where appropriate, require an information holder or a person nominated on behalf of an information holder to attend before the Independent Examiner for the purpose of a requirement under paragraph (a).

• (2) An information holder the subject of a requirement specified in a notice under subsection (1), or a person nominated by such an information holder, shall comply with the requirement.

• (3) The Independent Examiner and an information holder may agree a memorandum of understanding concerning the manner in which information, documents or things are provided to the Independent Examiner under this section.

• (4) An information holder, or a person nominated by the information holder, required to attend before the Independent Examiner pursuant to a notice under subsection (1)(b)—

• (a) shall, subject to subsection (5), answer fully and truthfully any question put to him or her by the Independent Examiner, and

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

• (5) Where—

• (a) any information, document or thing is provided to the Independent Examiner in accordance with a notice under subsection (1)(a), or

• (b) the Independent Examiner puts a question to a person under subsection (4)(a),

the information holder or person nominated by the information holder, as the case may be, who provides the information, document or thing or to whom the question is put shall ensure that the information, document or thing provided, or the answer given, as the case may be, is subject to such exclusions or redactions as he or she considers necessary to—

• (i) safeguard international intelligence sources, or

• (ii) conceal the identity of a person, where to reveal the identity of the person might endanger the life or safety of any person.

• (6) The Independent Examiner may request that appropriate facilities and accommodation be made available within the premises of an information holder to permit the examination of information, documents or things and to put questions to individuals and where he or she so requests an information holder shall comply with the request.

• (7) The Minister may, having regard to subsection (6), prescribe the manner in which information, documents or things are to be provided by information holders to the Independent Examiner.

243. Reviews and recommendations by Independent Examiner

243. (1) The Independent Examiner shall carry out a review in accordance with this section (in this section referred to as a “review”) of the following matters:

• (a) a refusal by the Garda Commissioner, under subsection (5) of section 147, to comply with a request under subsection (4) of that section to provide information or a document to the Authority, referred to the Independent Examiner by the Authority under the said subsection (5);

• (b) an objection by the Garda Commissioner under section 210(14) to a search of Garda Síochána premises notified to the Independent Examiner by the Garda Commissioner under that subsection;

• (c) a refusal by a person, under subsection (5) of section 211, to provide any information, document or thing pursuant to a requirement under subsection (1)(a) of that section or to answer any question under subsection (4)(a) of that section, referred to the Independent Examiner by the Police Ombudsman under subsection (7) of that section;

• (d) a refusal by the Garda Commissioner, under subsection (3) of section 217, to comply with a request under subsection (1) of that section to provide any information or document, referred to the Independent Examiner by the Police Ombudsman under subsection (4) of that section.

• (2) A referral or a notification referred to in subsection (1) shall contain such other information in relation to the matter referred or notified as the Independent Examiner may reasonably require for the purposes of a review.

• (3) The Independent Examiner may, for the purpose of a review, seek further information from An Garda Síochána or interview a person nominated by the Garda Commissioner for that purpose.

• (4) On completion of a review, the Independent Examiner shall issue to the Minister a recommendation in writing in relation to the matter to which the review relates and the reasons for such recommendation.

• (5) The Independent Examiner may agree a memorandum of understanding with the Garda Commissioner concerning the manner in which the powers of the Independent Examiner under subsection (3) may be exercised.

Chapter 4 Reporting

244. Annual report of Independent Examiner

244. (1) Subject to subsection (3)(a) and section 249, the Independent Examiner shall, not later than 3 months after the end of each year, prepare and submit to the Taoiseach a report on his or her activities under this Act, the Act of 1993, the Act of 2009 and the Act of 2011 during the preceding year (in this Part referred to as the “annual report”).

• (2) Subject to section 249, an annual report shall include—

• (a) a review of the operation and effectiveness of the Act of 1993, the Act of 2009 and the Act of 2011 in the period to which the report relates,