Policing, Security and Community Safety Act 2024
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Protected disclosures relating to An Garda Síochána | ||
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206. (1) The Police Ombudsman shall consider, in accordance with section 205 (1), any disclosure of relevant wrongdoing relating to An Garda Síochána— | ||
(a) that is made to him or her in the manner specified in section 7 of the Act of 2014 as the person prescribed under subsection (2)(a) of that section to be the recipient of disclosures of such relevant wrongdoing, or | ||
(b) to which a report (within the meaning of the Act of 2014) relates that is transmitted to him or her— | ||
(i) by the Protected Disclosures Commissioner pursuant to section 10C(1)(b) or 10D(1)(b)(ii) of that Act, or | ||
(ii) by another prescribed person (within the meaning of that Act) pursuant to section 7A(1)(b)(vi)(I)(A) of that Act. | ||
(2) Subsection (1) shall apply regardless of whether the worker making a disclosure referred to in that subsection is a member of garda personnel or not. | ||
(3) Where paragraph (b) of subsection (1) applies, the disclosure to which the report referred to in that paragraph relates shall be deemed for all purposes to have been made in the manner referred to in paragraph (a) of that subsection. | ||
(4) Where the Police Ombudsman decides under section 205 (1) to undertake an investigation in relation to a disclosure referred to in subsection (1), he or she may— | ||
(a) proceed with the investigation notwithstanding that the person making the disclosure has withdrawn or abandoned the disclosure, and | ||
(b) disclose, in accordance with sections 16 to 16C of the Act of 2014, the identity of the person referred to in paragraph (a). | ||
(5) Where the Police Ombudsman decides not to investigate a matter the subject of a disclosure referred to in subsection (1), he or she shall notify— | ||
(a) the worker who made the disclosure, and | ||
(b) where the disclosure is a disclosure referred to in paragraph (b) of subsection (1), the Protected Disclosures Commissioner, | ||
of his or her decision and the reasons for same. | ||
(6) In this section, “relevant wrongdoing” and “worker” have the same meanings respectively as they have in the Act of 2014. |