Policing, Security and Community Safety Act 2024

Establishment of arrangements for handling complaints suitable for resolution by An Garda Síochána

201. (1) The Garda Commissioner shall establish and maintain efficient and effective arrangements (in this Part referred to as “relevant arrangements”) for handling complaints that fall within a category of complaints that are specified in the approved list.

(2) Before establishing the relevant arrangements, the Garda Commissioner shall consult with the Police Ombudsman and such other persons as he or she thinks appropriate.

(3) Without prejudice to the generality of subsection (1), the relevant arrangements shall provide for:

(a) complaints to be dealt with in a transparent, timely, fair, objective and proportionate manner;

(b) the procedures for the resolution of complaints within a Garda Síochána division where appropriate;

(c) the resolution of complaints through the provision, where appropriate, of information, explanation, assurance or apology to a complainant;

(d) the notification, where known, of the member of garda personnel who is the subject of the complaint;

(e) the procedures to ensure that complainants and members of garda personnel who are the subject of a complaint are informed about the progress of the consideration of the complaint and its resolution;

(f) the circumstances in which a complainant may request An Garda Síochána to review the manner in which a complaint made by or on behalf of him or her has been dealt with under the arrangements;

(g) the provision, where appropriate, of guidance or training to members of garda personnel who are the subject of complaints;

(h) the recording of the manner in which complaints are resolved.

(4) The Garda Commissioner shall keep the relevant arrangements under review and may, having consulted with the Police Ombudsman and such other persons as the Garda Commissioner considers appropriate, make such modifications to the arrangements as he or she considers necessary.

(5) The relevant arrangements, including any modifications thereof under subsection (4), shall be published by the Garda Commissioner on a website maintained by or on behalf of An Garda Síochána or in such other manner as the Garda Commissioner considers appropriate.

(6) The Garda Commissioner shall, at such intervals and in such form as may be required by the Police Ombudsman, provide a report to the Police Ombudsman on any matters connected with the operation of the relevant arrangements.

(7) The Police Ombudsman may publish all or part of a report received under subsection (6) in such manner as he or she considers appropriate.