Garda Síochána Act 2005

Other investigations by Ombudsman Commission.

102

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

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

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

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

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

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

( a)committed an offence, or

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

F135 [ (4A) The Authority may, if it appears to it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter relating to policing services that gives rise to a concern that a member of the Garda S í och á na may have done anything referred to in subsection (4) , and the Commission shall investigate that matter. ]

(5) The Minister may, if he or she considers it desirable in the public interest to do so, request the Ombudsman Commission to investigate F136 [ any matter that gives rise to a concern ] that a member of the Garda Síochána may have done anything referred to in subsection (4), and the Commission shall investigate the matter.

F137 [ (5A) The Ombudsman Commission may investigate a matter under F138 [ subsection (4) , (4A) or (5) ] even if

(a) the identity of the member of the Garda S í och á na concerned may not be known when the investigation is undertaken, or

(b) the offence or behaviour concerned may also involve or have involved a person who is not a member of the Garda S í och á na. ]

(6) The provisions of this Part relating to investigations and reports apply with the necessary modifications in relation to a matter referred to in F138 [ subsection (4) , (4A) or (5) ] of this section as though that matter were the subject of a complaint other than one referred to in section 91 .

F139 [ (7) Notwithstanding subsections (4A) and (5)

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

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

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

Annotations:

Amendments:

F135

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 49(a), S.I. No. 612 of 2015.

F136

Substituted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 6(a), S.I. No. 150 of 2015.

F137

Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 6(b), S.I. No. 150 of 2015.

F138

Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 48(b)-(c), S.I. No. 612 of 2015.

F139

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 48(d), S.I. No. 612 of 2015.