Policing, Security and Community Safety Act 2024

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Investigation of matters relating to Garda Commissioner by Police Ombudsman

207. (1) Where it appears to the Police Ombudsman to be in the public interest, he or she may, with the consent of the Minister, given with the approval of the Government, investigate any matter that gives rise to a concern that the Garda Commissioner may have—

(a) committed an offence, or

(b) behaved in a manner that would constitute serious misconduct.

(2) Where it appears to the Minister to be in the public interest, he or she may, with the approval of the Government, request the Police Ombudsman to investigate any matter that gives rise to a concern that the Garda Commissioner may have done anything referred to in subsection (1) and the Police Ombudsman shall investigate any matter to which such a request refers.

(3) The Minister may, with the approval of the Government, for stated reasons, refuse to consent to an investigation by the Police Ombudsman of any matter under subsection (1).

(4) The Minister may issue a directive to a Deputy Garda Commissioner or an Assistant Garda Commissioner, including in circumstances where a Deputy Garda Commissioner or an Assistant Garda Commissioner is performing the functions of the Garda Commissioner pursuant to section 28 , requiring him or her to take any lawful measures that appear to the Deputy Garda Commissioner or the Assistant Garda Commissioner, as the case may be, to be necessary or expedient for the purposes of—

(a) preserving evidence relating to the conduct of the Garda Commissioner that is the subject of an investigation of a matter under subsection (1) or (2), and

(b) facilitating the Police Ombudsman to obtain that evidence.

(5) A Deputy Garda Commissioner or an Assistant Garda Commissioner to whom a directive is issued under subsection (4) shall comply with the directive.

(6) Where a designated officer is appointed under section 208 to undertake an investigation, this Part shall apply to the investigation subject to the following and any other necessary modifications:

(a) the reference in section 214 (1) to a member of garda personnel shall be construed as a reference to the Garda Commissioner;

(b) where the Police Ombudsman is of the opinion that a report under section 208 (10) or (11) of a matter under subsection (1) or (2) discloses serious misconduct, he or she shall, a soon as practicable, report that to the Minister.