Garda Síochána Act 2005

62S

F130[Accountability of Authority to other Oireachtas Committees

62S. (1) Subject to subsection (2), the Chief Executive shall, at the request in writing of a committee, attend before it to give account for the general administration of the Authority.

(2) The Chief Executive shall not be required to give account before a committee for any matter that is, or is likely to be, the subject of proceedings before a court or tribunal in the State, including a tribunal of inquiry established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011 and a commission of investigation established under the Commissions of Investigation Act 2004.

(3) The Chief Executive shall, if of opinion that subsection (2) applies to a matter about which he or she is requested to give account before a committee, inform the committee of that opinion and the reasons for the opinion.

(4) The information required under subsection (3) shall be given to the committee in writing unless it is given when the Chief Executive is before the committee.

(5) If, on being informed of the opinion of the Chief Executive about the matter, the committee decides not to withdraw its request relating to the matter, the High Court may, on application under subsection (6), determine whether subsection (2) applies to the matter.

(6) Either the Authority or the committee may apply in a summary manner to the High Court for a determination under subsection (5), but only if the application is made within 21 days after the date on which the Chief Executive is informed of the decision of the committee not to withdraw its request.

(7) Pending the determination of an application under subsection (6), the Chief Executive shall not attend before the committee to give account for the matter that is the subject of the application.

(8) If the High Court determines that subsection (2) applies to the matter, the committee shall withdraw its request insofar as it relates to the matter, but if the Court determines that subsection (2) does not apply, the Chief Executive shall attend before the committee to give account for the matter.

(9) In carrying out duties under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(10) In this section "committee" means

(a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members Interests of Dáil Éireann or the Committee on Members Interests of Seanad Éireann), or

(b) a sub-committee of a committee falling under paragraph (a).]

Annotations

Amendments:

F130

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.