Policing, Security and Community Safety Act 2024

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Suspension from duty, removal from office, of Assistant Garda Commissioner or chief superintendent

48. (1) The Garda Commissioner may, in accordance with such procedures and in such circumstances as may be specified in regulations in relation to such suspension, suspend from duty a person who holds the office of Assistant Garda Commissioner or chief superintendent.

(2) Without prejudice to the Performance Regulations and the Conduct Regulations and subject to this section, a person who holds the office of Assistant Garda Commissioner or chief superintendent may be removed from office by the Garda Commissioner, with the approval of the Board, 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) 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

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

(3) The Garda Commissioner may, where he or she considers it necessary or appropriate to do so for the purposes of subsection (2), and with the approval of the Board, appoint a person (in this section and section 49 referred to as an “appointed person”) 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 Garda Commissioner on the findings of the inquiry.

(4) The Garda Commissioner shall, prior to removing a person from office under this section—

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

(b) where he or she appoints an appointed person to hold an inquiry into a matter giving rise to the proposal to remove the person from office—

(i) notify in writing that person 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, and

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

(5) On notifying a person under subsection (4)(a) that the Garda Commissioner proposes to consider removing him or her from office, the Garda Commissioner may, where the person is not suspended pursuant to subsection (1) and where he or she considers it appropriate, suspend the person from duty.

(6) Subject to subsection (7), the suspension from duty of a person under subsection (5) shall continue until the Garda Commissioner makes a decision in relation to whether the person should be removed from office under this section.

(7) Where a person is suspended from duty under subsection (5) and the Garda Commissioner is of the opinion that the steps required to be taken under subsection (4) have not been taken without undue delay, the suspension shall be terminated by the Garda Commissioner.