97.— (1) The Ombudsman Commission shall include in its report under section 94(7) or 95(4) to the Garda Commissioner—

(a) a statement of the facts established by the investigation under section 94 or 95 into the conduct of the member of the Garda Síochána who is the subject of the report,

(b) a recommendation about whether or not disciplinary proceedings should be instituted under the Disciplinary Regulations against that member,

(c) a statement of the reasons for the recommendation, and

(d) if the Commission recommends that those proceedings should be instituted, the particulars relating to the proceedings that the Commission considers appropriate.

(2) In any disciplinary proceedings instituted in accordance with a recommendation in a report referred to in subsection (1), a document that purports to be that report—

(a) is evidence of the facts stated in the document unless the contrary is proved, and

(b) is deemed to be such document unless the contrary is proved.

(3) The Ombudsman Commission is entitled to be notified of a decision made under the Disciplinary Regulations concerning the member of the Garda Síochána who is the subject of the report.