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Categories of complaints suitable for resolution by An Garda Síochána
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200. (1) The Police Ombudsman shall, having consulted with the Garda Commissioner, prepare and submit to the Minister a draft list of categories of complaints suitable for resolution by An Garda Síochána under this Part (in this section referred to as a “draft list”).
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(2) A draft list shall not include categories of complaints—
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(a) where the act or omission complained of would if proven constitute a criminal offence,
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(b) where the act or omission complained of would if proven constitute a breach of the standards of professional behaviour that would render the member of garda personnel who is the subject of the complaint liable to dismissal from An Garda Síochána, or
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(c) which concern the investigation of the death of, or serious harm to, a person as a result of Garda operations or while in the care or custody of An Garda Síochána.
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(3) The Minister shall approve, subject to such modifications as he or she deems appropriate, the draft list submitted to him or her under subsection (1) as the list constituting the categories of complaints suitable for resolution by An Garda Síochána under this Part (in this Part referred to as the “approved list”).
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(4) The Minister shall, before approving a draft list under subsection (3), consider whether it complies with subsection (2) and whether the categories in it constitute matters that are not sufficiently serious to warrant an investigation by the Police Ombudsman.
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(5) The Police Ombudsman may, having consulted with the Garda Commissioner, propose amendments to the approved list having regard to the experience of the Police Ombudsman and An Garda Síochána regarding the operation of this Part.
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(6) The Police Ombudsman shall submit a proposed amendment under subsection (5) to the Minister for approval by the Minister.
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(7) Subsections (3) and (4) shall apply with the necessary modifications in respect of a proposed amendment under subsection (5).
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(8) The Police Ombudsman shall publish the approved list, including any proposed amendments thereto that are approved in accordance with this section, on a website maintained by or on behalf of the Office of the Police Ombudsman or in such other manner as the Police Ombudsman considers appropriate.
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