Policing, Security and Community Safety Act 2024

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Removal from office of Garda Commissioner or Deputy Garda Commissioner

31. (1) Without prejudice to the Performance Regulations and the Conduct Regulations and subject to this section, a person who holds the office of Garda Commissioner or Deputy Garda Commissioner may be removed from office by the Government for stated reasons, including where—

(a) the person has failed to perform the functions of the office he or she holds with due diligence and effectiveness,

(b) in the case of the Garda Commissioner, he or she has failed to have due regard to one or more of the matters specified in section 33 (2),

(c) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or

(d) the removal of the person from office would, in the opinion of the Government, be in the best interests of An Garda Síochána.

(2) The Board may, for the purposes of subsection (1), recommend to the Government the removal from office of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner, and the Government shall consider any such recommendation.

(3) The Government may, where they consider it necessary or appropriate to do so for the purposes of subsection (1), request the Chief Justice to invite a judge (while serving as a judge) to—

(a) hold an inquiry into any matter giving rise to a proposal to remove a person from office under this section, and

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

(4) The Chief Justice may invite—

(a) a judge of the Supreme Court,

(b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

(c) with the consent of the President of the High Court, a judge of the High Court,

to hold an inquiry under this section and report to the Government on the findings of the inquiry and, if the invitation is accepted, the Chief Justice shall appoint the judge to hold the inquiry and so report (in this section and section 32 referred to as an “appointed judge”).

(5) The Government shall, prior to removing a person from office under this section—

(a) notify the person in writing that the Government propose to consider removing the person from office, and include in the notification a statement of the reasons for doing so,

(b) where the Government appoint an appointed person to hold an inquiry into a matter giving rise to the proposal to remove the person from office—

(i) notify that person in writing of such appointment,

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

(iii) inform the Board of the findings of the inquiry and where they consider it appropriate, provide a copy of the report to the Board, and

(iv) provide a copy of the report to that person,

(c) provide the person with an opportunity to make submissions as to why he or she ought not to be removed from office,

(d) consider any such submissions made by, or on behalf of, the person, and

(e) consult with the Board.

(6) On notifying a person pursuant to subsection (5)(a) that the Government intend to consider removing him or her from office, the Government may, where the person is not suspended pursuant to section 30 and where they consider it appropriate, suspend the person from duty.

(7) Subject to subsection (8), the suspension from duty of a person under subsection (6) shall continue until the Government make a decision in relation to whether the person should be removed from office under this section.

(8) Where a person is suspended from duty under subsection (6) and the Government are of the opinion that the steps required to be taken under subsection (5) have not been taken without undue delay, the suspension shall be terminated by the Government.

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