Garda Síochána Act 2005

F17[Steps to be taken before removal from office by Authority of members of certain ranks

13A

13A. (1) Before considering the removal of a person from office under section 11(3), the Authority shall

(a) notify the person that the Authority intends to consider the matter and include in the notification a statement of the reasons for doing so, and

(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

(2) The Authority shall inform the Government of a notification to a person under subsection (1)(a).

(3) The Authority may, if it considers it necessary or appropriate to do so, appoint a person to

(a) hold an inquiry into any matter giving rise to a notification under subsection (1), and

(b) report to the Authority on the findings of the inquiry.

(4) A person appointed under this section to hold an inquiry may do one or more of the following:

(a) direct any person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the persons power or control;

(c) summon witnesses to attend the inquiry;

(d) direct a witness to answer a question put to him or her at the inquiry;

(e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

(5) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (4), the High Court may, on application by the person appointed under this section

(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

(b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.

(6) A person

(a) to whom a notice is delivered under subsection (4) and who, without lawful excuse, refuses or fails to comply with a direction under paragraph (a) or (b) of that subsection,

(b) who fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (4)(c),

(c) who refuses to answer a question that the person conducting the inquiry may lawfully direct him or her to answer, or

(d) who does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,

is guilty of an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or both.

(7) A statement or admission made by a person pursuant to a direction under subsection (4) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (6)).

(8) If an inquiry is held, the Authority shall

(a) consider the report on the findings of the inquiry,

(b) make a copy of the report available to the person whose removal from office is the subject of the report, and

(c) give that person an opportunity to make representations relating to the report.

(9) As soon as practicable after a person is removed from office under section 11(3), the Authority shall inform the Minister of the removal of the person from office and the reasons for it and the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.]

Annotations

Amendments:

F17

Inserted (1.01.2017) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 13, S.I. No. 633 of 2016, subject to transitional provisions in s. 10(2) and (3). A class C fine means a fine not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

Editorial Notes:

E14

The section heading is taken from the amending section in the absence of one included in the amendment.