Garda Síochána Act 2005

103

Duty to keep certain persons informed.

103.— (1) The Ombudsman Commission shall provide the following persons with sufficient information to keep them informed of the progress and results of an investigation under this Part:

(a) if the investigation resulted from a complaint—

(i) the complainant,

(ii) the member of the Garda Síochána whose conduct is the subject matter of the complaint,

(iii) the Garda Commissioner, and

(iv) any other person that the Commission considers has a sufficient interest in the matter;

(b) if the investigation is one to which section 102 applies—

(i) the member of the Garda Síochána whose conduct is the subject matter of the investigation F157[if his or her identity is known],

(ii) the Garda Commissioner,

(iii) the Minister, and

(iv) any other person that the Commission considers has F158[a sufficient interest in the matter;]

F159[(c) if the investigation is one to which section 102B applies

(i) the Garda Commissioner,

(ii) the Authority,

(iii) the Minister, and

(iv) any other person that the Commission considers has a sufficient interest in the matter.]

(2) The duties imposed by subsection (1) do not extend to requiring the Ombudsman Commission to provide information the disclosure of which would, in its opinion—

(a) prejudice a criminal investigation or prosecution,

(b) jeopardise a person’s safety, or

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

Annotations

Amendments:

F157

Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 8(a)(i), S.I. No. 150 of 2015.

F158

Substituted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 8(a)(ii), S.I. No. 150 of 2015.

F159

Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 50, S.I. No. 612 of 2015.

Editorial Notes:

E56

Previous affecting provisions: subs. (1)(c) inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 8(b), S.I. No. 150 of 2015; substituted as per F-note above