Policing, Security and Community Safety Act 2024
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Provision of information and documents to Police Ombudsman by Garda Commissioner | ||
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217. (1) The Garda Commissioner shall, as soon as practicable, provide the Police Ombudsman with such information and documents as the Police Ombudsman may request for the purposes of, or in connection with, the performance of any of the functions of the Police Ombudsman. | ||
(2) Subsection (1) shall not apply in respect of any information or document, or part thereof, that, in the opinion of the Garda Commissioner, relates to the security of the State, save in so far as, and to the extent that, the Minister otherwise directs. | ||
(3) Where the Garda Commissioner refuses to comply with a request under subsection (1) to provide any information or document on the ground that he or she is of the opinion that subsection (2) applies, he or she shall so inform the Police Ombudsman in writing. | ||
(4) Where subsection (3) applies, the Police Ombudsman may refer the refusal by the Garda Commissioner to comply with a request under subsection (1) to the Independent Examiner in writing for the purposes of a review of the refusal under section 243 . | ||
(5) Upon receipt of a recommendation from the Independent Examiner under section 243 (4) in relation to a matter referred to in subsection (4), where the Minister is satisfied, taking into account the recommendation, that— | ||
(a) the provision of all or part of the information or document requested by the Police Ombudsman would not be prejudicial to the security of the State, or | ||
(b) that the provision of the information or document referred to in paragraph (a) 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 information or document be provided. | ||
(6) A direction under subsection (5) may contain such conditions or restrictions relating to the disclosure that the Minister considers necessary in the interests of the security of the State. | ||
(7) The Minister shall, as soon as practicable after— | ||
(a) issuing a direction under subsection (5), provide a copy of the direction to the Police Ombudsman and the Garda Commissioner, or | ||
(b) he or she decides not to issue a direction under that subsection, so inform the Police Ombudsman and the Garda Commissioner. |