Policing, Security and Community Safety Act 2024

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Provision of material to State Claims Agency

38. (1) Subject to subsection (2), the Garda Commissioner shall, at the request of the State Claims Agency, provide the State Claims Agency with any document in the power or control of An Garda Síochána, including material in the form of Garda records, statements made by members of garda personnel and by other persons and reports, that is required by the State Claims Agency for the purposes of, or in connection with, legal claims or prospective legal claims against or on behalf of a State authority.

(2) The Garda Commissioner shall exclude from any document to be provided to the State Claims Agency under subsection (1) any matter the provision of which, in his or her opinion—

(a) might prejudice the security of the State,

(b) might facilitate the commission of an offence, prejudice a criminal investigation or prosecution, or endanger the life or safety of any person, or

(c) would not, for any other reason, be in the public interest.

(3) In this section—

“Act of 2000” means the National Treasury Management Agency (Amendment) Act 2000 ;

“Act of 2014” means the National Treasury Management Agency (Amendment) Act 2014 ;

“legal claim” means—

(a) a claim (within the meaning of Part 2 of the Act of 2000) the management of which stands delegated to the State Claims Agency under section 9(1) of that Act,

(b) a claim for costs (within the meaning of Part 5 of the Act of 2014) the management of which stands delegated to the State Claims Agency under section 34(1) of that Act, or

(c) a counterclaim (within the meaning of Part 2 of the Act of 2000);

“State authority”—

(a) in the case of a legal claim to which paragraph (a) or (c) of the definition of “legal claim” applies, has the same meaning as it has in Part 2 of the Act of 2000, and

(b) in the case of a legal claim to which paragraph (b) of the definition of “legal claim” applies, has the same meaning as it has in Part 5 of the Act of 2014.