Garda Síochána Act 2005

123

Disciplinary regulations.

123.— (1) The Minister may, after consulting with the Garda Commissioner F161 [ and the Authority ] and with the approval of the Government, make regulations concerning the maintenance of discipline in the Garda Síochána, including, but not limited to, regulations relating to the matters provided for in subsections (2) to (5).

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

( a) the matters specified in Schedule 5,

( b) F162 [ ]

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

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

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

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

( g) matters relating to work performance.

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

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

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

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

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

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

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

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

( d) the taking of disciplinary action and the circumstances in which a decision concerning that action may be taken by F163 [ a board, the Garda Commissioner, the Authority or the Government ], and

( e) an appeal from a determination referred to in paragraph (c) or from a decision of F163 [ a board, the Garda Commissioner or the Authority ] relating to disciplinary action and for the time limits and other restrictions or conditions subject to which the right of appeal may be exercised.

(5) The regulations may also—

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

( b) specify the powers of a board,

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

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

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

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

( g) provide for the admissibility of evidence,

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

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

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

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

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

(6) The regulations may—

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

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

(7) A person who—

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

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

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

(8) In this section—

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

“disciplinary action” means—

( a) dismissal,

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

( c) reduction in rank,

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

( e) reprimand,

( f) warning,

( g) caution, or

( h) advice.

Annotations:

Amendments:

F161

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 57(a), S.I. No. 612 of 2015.

F162

Deleted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 57(b), S.I. No. 612 of 2015.

F163

Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 57(c)(i) and (ii) , S.I. No. 612 of 2015.

Editorial Notes:

E74

Power pursuant to section exercised (1.01.2017) by Garda Síochána (Discipline) (Amendment) Regulations 2016 (S.I. No. 639 of 2016), in effect as per reg. 1(2).

E75

Power pursuant to section exercised (3.11.2015) by Garda Síochána (Discipline) (Amendment) Regulations 2015 (S.I. No. 503 of 2015).

E76

Power pursuant to section exercised (3.12.2013) by Garda Síochána (Admissions and Appointments) Regulations 2013 (S.I. No. 470 of 2013), in effect as per reg. 2.

E77

Power pursuant to section exercised (22.11.2011) by Garda Síochána (Discipline) (Amendment) Regulations 2011 (S.I. No. 620 of 2011).

E78

Power pursuant to section exercised ( 1.06.2007) by Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007), in effect as per reg. 2.