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Attendance of Garda Commissioner before other Oireachtas committees
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73. (1) Subject to subsection (2), the Garda Commissioner shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of An Garda Síochána.
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(2) The Garda Commissioner shall not be required to give account before an Oireachtas committee for any matter which is, has been, or may at a future time be, the subject of proceedings before a court or tribunal in the State.
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(3) The Garda Commissioner shall, where of the opinion that subsection (2) applies to a matter about which he or she is requested to give account before an Oireachtas committee, inform the committee of that opinion and the reasons for the opinion.
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(4) The information required under subsection (3) shall be given to the Oireachtas committee in writing unless it is given when the Garda Commissioner is before the committee.
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(5) Where, on being informed of the Garda Commissioner’s opinion about the matter, the Oireachtas 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.
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(6) The Garda Commissioner or the Oireachtas committee may apply in a summary manner to the High Court for a determination under subsection (5), but only where the application is made within 21 days after the date on which the Garda Commissioner is informed of the committee’s decision not to withdraw its request.
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(7) Pending the determination under subsection (5) of an application under subsection (6), the Garda Commissioner shall not attend before the Oireachtas committee to give account for the matter that is the subject of the application.
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(8) Where the High Court determines under subsection (5) that subsection (2) applies to the matter, the Oireachtas committee shall withdraw its request in so far as it relates to the matter, but where the Court determines that subsection (2) does not apply, the Garda Commissioner shall attend before the committee to give account for the matter.
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(9) In carrying out duties under this section, the Garda Commissioner shall not—
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(a) 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 policy,
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(b) discuss matters relating to the security of the State,
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(c) provide information relating to specific criminal investigations or prosecutions, or
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(d) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of any person.
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(10) With the permission of the chairperson of an Oireachtas committee making a request under subsection (1)—
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(a) the chairperson of the Board, or
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(b) a member of garda personnel nominated by the Garda Commissioner,
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may attend before the committee in place of the Garda Commissioner to give an account of the general administration of An Garda Síochána, and in that case a reference in subsections (2) to (9) to the Garda Commissioner shall be construed as a reference to the person attending in his or her place.
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