Policing, Security and Community Safety Act 2024

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Objectives, functions and powers of Police Ombudsman

173. (1) The objectives of the Police Ombudsman shall be—

(a) to promote public confidence in the processes for resolving complaints made by members of the public and in investigations under Part 6 ,

(b) to improve public understanding of the role and functions of the Police Ombudsman, and

(c) to ensure that his or her functions are performed in a timely, efficient and effective manner and in accordance with fair procedures.

(2) The Police Ombudsman shall have the following functions:

(a) to receive complaints by members of the public, in accordance with such systems and procedures as he or she may specify under subsection (4), concerning members of garda personnel;

(b) to receive—

(i) referrals under sections 202 (3), 203 (1) and 205 (7) and notifications under section 204 (1), from the Garda Commissioner,

(ii) requests under section 205 (2) and referrals under section 205 (3), from the Minister,

(iii) referrals from the Authority under section 205 (5), and

(iv) disclosures of relevant wrongdoing referred to in paragraph (a) or (b) of section 206 (1);

(c) to carry out the duties and exercise the powers conferred on the Police Ombudsman under Part 6 in relation to the matters referred to in paragraphs (a) and (b);

(d) to undertake, in accordance with Part 6 , investigations of other matters concerning members of garda personnel or the Garda Commissioner;

(e) to engage with An Garda Síochána to promote public understanding in respect of arrangements under section 201 (1) for the handling of complaints suitable for resolution by An Garda Síochána;

(f) to report the results of investigations under Part 6 (including making such recommendations as are appropriate) to the Garda Commissioner, the Minister or the Authority, as the case may be;

(g) where section 214 (1) applies, to report the results of investigations under Part 6 to the Director of Public Prosecutions and send him or her a copy of each investigation file;

(h) to prepare, in accordance with section 200 (1), a draft list of categories of complaints suitable for resolution by An Garda Síochána;

(i) to make arrangements with the Garda Commissioner by protocols in writing pursuant to section 223 (1) concerning the matters referred to in that section;

(j) to undertake research and analysis in order to identify trends and patterns arising from the performance of his or her functions under Part 6 ;

(k) to ensure that the Office of the Police Ombudsman has appropriate policies, plans and actions in place to enable compliance with its obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 ;

(l) to make arrangements for the sharing of information by him or her with such other public bodies as he or she considers appropriate;

(m) to perform any other functions that are assigned to him or her by or under this Act or any other enactment.

(3) The Police Ombudsman shall have all such powers as are necessary or expedient for the performance of his or her functions.

(4) The Police Ombudsman shall establish and maintain systems and procedures for the receipt and handling of complaints and the conduct of investigations under Part 6 .

(5) In establishing and maintaining systems and procedures under subsection (4), the Police Ombudsman shall have regard to the need for him or her to perform his or her functions in a timely, efficient and effective manner and in accordance with fair procedures.

(6) The Police Ombudsman shall furnish to the Minister such information regarding the performance of his or her functions as the Minister may, from time to time, request.

(7) The Police Ombudsman shall keep the Minister informed of matters relevant to the accountability of the Government to the Houses of the Oireachtas.

(8) Subject to this Act, the Police Ombudsman shall be independent in the performance of his or her functions.