Garda Síochána Act 2005

62G

F107 [ Removal of member of Authority

62G. (1) The Government may only remove a member of the Authority from office where

(a) one or more of the grounds referred to in subsection (2) apply,

(b) subsections (3) to (6) have been complied with, and

(c) a resolution is passed by both Houses of the Oireachtas calling for the removal of the member from office.

(2) The grounds referred to in subsection (1) are that, in the opinion of the Government, the member of the Authority

(a) has, without reasonable excuse, failed to discharge the functions of the office,

(b) has become incapable through ill health of effectively performing those functions,

(c) has committed stated misbehaviour,

(d) has 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 unable to discharge its functions.

(3) Where the Government propose to remove a member of the Authority pursuant to subsection (1) , the Government shall notify, or cause to be notified, the member concerned in writing of the proposal.

(4) A notification under subsection (3) shall include

(a) a statement of the reasons for the proposal,

(b) a statement that the member of the Authority concerned may, within 30 working days of the sending of the notification or such longer period as the Government may specify, make representations in the manner specified in the notification to the Government as to why the member should not be removed from office, and

(c) a statement that, where no representations are received within the period specified under paragraph (b) , the Government will, without further notice, proceed with the removal of the member of the Authority from office in accordance with this section.

(5) In considering whether to remove a member of the Authority from office in accordance with this section, the Government shall take into account

(a) any representations made pursuant to subsection (4)(b) , and

(b) any other matter that the Government consider relevant for the purposes of the decision.

(6) Where, having taken into account the matters referred to in subsection (5) , the Government decide to remove the member of the Authority from office, they shall notify that member in writing of the decision, of the reasons for it and of the intention of the Government to seek a resolution of both Houses of the Oireachtas calling for the removal of that member. ]

Annotations:

Amendments:

F107

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.