Garda Síochána Act 2005

67

Objectives, functions and powers.

67.— (1) The objectives of the Ombudsman Commission are—

( a) to ensure that its functions are performed in an efficient and effective manner and with full fairness to all persons involved in complaints and investigations under Part 4 concerning the conduct of F122 [ members of the Garda S í och á na, ]

F122 [ ( b ) to promote and encourage the use of mediation and other informal means of resolving complaints that are suitable for resolution by such means, and

( c ) to promote public confidence in the process for resolving complaints referred to in paragraph (a) . ]

(2) The functions of the Ombudsman Commission are—

( a) to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána,

( b) to carry out the duties and exercise the powers assigned to it under Part 4 in relation to those complaints,

( c) to issue guidelines for the informal resolution under section 90 of certain categories of complaints and to make procedural rules for investigations under section 95 ,

( d) to report the results of its investigations under Part 4 to the Garda Commissioner and, in appropriate cases, to the Director of Public Prosecutions and, if it reports to the Director, to send him or her a copy of each investigation file,

( e) to conduct, in accordance with section 102 F123 [ or 102B ] , other investigations of matters concerning the conduct of members of the Garda Síochána,

( f) to examine practices, policies and procedures of the Garda Síochána in accordance with section 106 ,

( g) to draw up with the Garda Commissioner protocols in accordance with section 108 , and

( h) to carry out any other duties and exercise any other powers assigned to it under this Act.

(3) The Ombudsman Commission has all powers that are necessary for, or incidental to, the performance of its functions under this Act.

(4) Subject to this Act, the Ombudsman Commission shall be independent in the performance of its functions.

(5) The chairperson of the Ombudsman Commission shall manage and control generally the officers, administration and business of the Commission.

Annotations:

Amendments:

F122

Substituted and para. (c) inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 45(a)-(b), S.I. No. 612 of 2015.

F123

Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015) s. 2, S.I. No. 150 of 2015.