Policing, Security and Community Safety Act 2024

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Additional powers for purpose of undertaking investigations

211. (1) For the purpose of an investigation, a designated officer, without prejudice to the powers he or she has pursuant to section 209 , may, by notice in writing—

(a) require any person who, in his or her opinion, possesses information or has a document or thing in his or her power or control that is relevant to, and required for the purposes of, the investigation, to provide that information, document or thing to the designated officer, and

(b) where appropriate, require that person to attend before the designated officer for that purpose.

(2) Subject to subsections (5) and (12), a person shall comply with a requirement of him or her specified in a notice under subsection (1).

(3) A notice under subsection (1) shall specify—

(a) a period within which the person is to comply with the notice, and

(b) as appropriate—

(i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the document or thing concerned, or

(ii) the place to which the person shall send the information, document or thing concerned.

(4) A person who is required to attend before a designated officer pursuant to a notice under subsection (1)(b) shall—

(a) answer fully and truthfully any question put to him or her by the designated officer, and

(b) if so requested by the designated officer, sign a declaration of the truth of his or her answer to the question.

(5) A person may refuse to provide, other than in accordance with a direction under subsection (8), any information, document or thing pursuant to a requirement under subsection (1)(a) or to answer any question under subsection (4)(a) on the grounds that it relates to the security of the State.

(6) Where a person is of the opinion that subsection (5) applies in relation to a requirement made of him or her, the designated officer shall so inform the Police Ombudsman.

(7) Where the Police Ombudsman is informed under subsection (6) that a person is of the opinion that subsection (5) applies, the Police Ombudsman may refer the refusal by the person to provide the information, document or thing pursuant to a requirement under subsection (1)(a) or to answer the question under subsection (4)(a) to the Independent Examiner in writing for the purposes of a review of the refusal in accordance with section 243 .

(8) Upon receipt of a recommendation from the Independent Examiner under section 243 (4) in relation to a matter referred to in subsection (7), where the Minister is satisfied, taking into account the recommendation, that the provision of all or part of the information, document or thing specified in the requirement or the answering of the question, as the case may be—

(a) would not be prejudicial to the security of the State, or

(b) is necessary for the proper investigation of a matter concerning 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,

he or she shall issue a direction specifying that all or part, as the case may be, of the document, information or thing be disclosed or the question answered.

(9) A direction under subsection (8) may contain such conditions or restrictions relating to the disclosure or answer that the Minister considers necessary in the interests of the security of the State.

(10) The Minister shall, as soon as practicable after—

(a) issuing a direction under subsection (8), provide a copy of the direction to the Police Ombudsman, or

(b) he or she decides not to issue a direction under that subsection, so inform the Police Ombudsman in writing.

(11) A person who fails or refuses to comply with a requirement under subsection (1) or (4), or fails to comply with a direction under subsection (8), without reasonable excuse is guilty of an offence and is liable, on summary conviction, to a class C fine or imprisonment for a term not exceeding 6 months, or both.

(12) Nothing in this section shall be taken to compel a person, in complying with a requirement under subsection (1) or (4), or a direction under subsection (8), to provide any information, document or thing that would be exempt from production in proceedings in a court on the ground of legal professional privilege.

(13) Any statement or admission made by a person in accordance with a requirement under subsection (1) or (4), a direction under subsection (8) or any such requirement or direction in relation to which the District Court has made a determination on application to it under section 212 (1), shall not be admissible as evidence in any proceedings brought against the person for an offence (other than an offence under subsection (11)) and this shall be explained to the person in ordinary language by the designated officer or judge, as appropriate.