Garda Síochána Act 2005
Resolution of complaint by mediation or other informal means.
90.— (1) The F138[Ombudsman Commission shall, following consultation with the Garda Commissioner, issue guidelines] providing for the resolution, by mediation or other informal means, of admissible complaints other than—
(a) complaints to which section 91 applies,
(b) complaints about conduct that appears to constitute an offence, and
(c) complaints determined in accordance with the guidelines not to be suitable for resolution by mediation or other informal means.
(2) The guidelines may include provision for—
(a) a determination to be made by the Ombudsman Commission about whether a complaint is or is not suitable for resolution by mediation or other informal means,
(b) the persons who may attempt to mediate or otherwise resolve the complaint,
(c) the recording of the manner in which the complaint was resolved and the complainant’s agreement to the resolution, and
(d) any other matters that the Ombudsman Commission considers necessary or appropriate for facilitating the resolution of a complaint by mediation or other informal means.
(3) No attempt may be made to resolve a complaint by mediation or other informal means without the consent of the complainant and the member of the Garda Síochána whose conduct is the subject matter of the complaint.
(4) A consent given by a member of the Garda Síochána for the purpose of this section is not to be taken as an admission of any allegation made in a complaint against the member.
(5) No answer or statement made, in the course of attempting to resolve a complaint pursuant to the guidelines, by the complainant or by the member of the Garda Síochána whose conduct is the subject matter of the complaint may—
(a) be communicated to the Garda Commissioner or any other person (except the persons participating in the attempt to resolve the complaint), or
(b) be used in any civil or criminal proceedings.
(6) If a complaint is resolved pursuant to the guidelines—
(a) the Ombudsman Commission shall notify the Garda Commissioner of the resolution of the complaint,
(b) any record of the complaint held by the Garda Síochána shall be expunged, and
(c) the member whose conduct was the subject matter of the complaint shall not be discriminated against by way of dismissal, reduction in rank, denial of an opportunity for promotion or otherwise by reason only of the complaint.
(7) The F138[Ombudsman Commission may, following consultation with the Garda Commissioner, revise any guidelines issued under this section or withdraw those guidelines] and issue new guidelines.
(8) For the purpose of subsection (5), “civil or criminal proceedings” includes disciplinary proceedings.
Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 47(1)(a), (b), S.I. No. 612 of 2015, subject to transitional provision in subs. (2).