Policing, Security and Community Safety Act 2024
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Investigation of matters in public interest | ||
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205. (1) Subject to section 206 (1), the Police Ombudsman may, if it appears to him or her to be in the public interest and without receiving an admissible complaint or a notification under section 204 (1) of an incident of concern, undertake an investigation into any matter that appears to him or her to be a relevant cause of concern. | ||
(2) The Minister may, if it appears to him or her to be in the public interest, request the Police Ombudsman to undertake an investigation into any matter that appears to the Minister to be a relevant cause of concern and the Police Ombudsman shall investigate any matter so referred. | ||
(3) Notwithstanding subsection (2), the Minister may refer any matter to the Police Ombudsman that appears to the Minister to be a relevant cause for concern and the Police Ombudsman shall consider the matter in accordance with subsection (1). | ||
(4) Where the Minister makes a request to the Police Ombudsman under subsection (2) or refers a matter to the Police Ombudsman under subsection (3), the Minister shall notify the Garda Commissioner of the request or the matter concerned and the fact of its referral. | ||
(5) The Authority may refer any matter that appears to the Authority to be a relevant cause for concern to the Police Ombudsman and he or she shall consider the matter in accordance with subsection (1). | ||
(6) Where the Authority refers a matter to the Police Ombudsman under subsection (5), the Authority shall notify the Garda Commissioner of the relevant cause for concern and the fact of its referral. | ||
(7) Without prejudice to any other provision of this Part, the Garda Commissioner may, if it appears to him or her to be in the public interest, refer any matter to the Police Ombudsman that appears to the Garda Commissioner to be a relevant cause of concern and the Police Ombudsman shall consider the matter in accordance with subsection (1). | ||
(8) Where a matter is referred to the Police Ombudsman under subsection (3), (5) or (7) and he or she decides that it is not in the public interest to undertake an investigation, the Police Ombudsman shall notify the following persons of his or her decision and the reasons for same: | ||
(a) where the referral was under subsection (3), the Minister; | ||
(b) where the referral was under subsection (5), the Authority; | ||
(c) the Garda Commissioner; | ||
(d) the person who brought the matter, or on whose behalf the matter was brought, to the attention of the Minister or the Authority, as the case may be. | ||
(9) For the purposes of his or her determination under subsection (1), the Police Ombudsman may make such inquiries as he or she considers appropriate. | ||
(10) In this section, “relevant cause of concern” means a concern that a member of garda personnel may have— | ||
(a) committed an offence, or | ||
(b) behaved in a manner that constitutes misconduct that would justify the bringing of conduct proceedings. |