Policing, Security and Community Safety Act 2024

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Judicial inquiry into conduct of Police Ombudsman, Deputy Police Ombudsman and policies, practices or procedures of Office of Police Ombudsman

225. (1) The Minister may, having consulted with the Police Ombudsman, and where he or she considers it to be in the public interest, request the Chief Justice to invite a judge to inquire (while serving as a judge) into either or both of the following:

(a) the conduct of the Police Ombudsman, Deputy Police Ombudsman, chief executive officer of the Office of the Police Ombudsman or an officer of the Police Ombudsman, including a designated officer, in relation to an investigation or an investigation under section 227 ;

(b) the policies, practices or procedures of the Office of the Police Ombudsman—

(i) on a particular occasion in undertaking an investigation or an investigation under section 227 , or

(ii) in general in undertaking investigations or investigations under section 227 .

(2) The Chief Justice may invite—

(a) a judge of the Supreme Court,

(b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

(c) with the consent of the President of the High Court, a judge of the High Court,

to conduct an inquiry under this section and, if the invitation is accepted, the Chief Justice shall appoint the judge to conduct the inquiry (in this section referred to as an “appointed judge”).

(3) The terms of reference of an appointed judge shall be specified in the request made by the Minister under subsection (1) and may relate to—

(a) the conduct of the Police Ombudsman, Deputy Police Ombudsman, chief executive officer of the Office of the Police Ombudsman or an officer of the Police Ombudsman, including a designated officer—

(i) on a particular occasion in undertaking an investigation or an investigation under section 227 , or

(ii) in general in undertaking investigations or investigations under section 227 ,

and

(b) the policies, practices or procedures of the Police Ombudsman—

(i) on a particular occasion in undertaking an investigation or an investigation under section 227 , or

(ii) in general in undertaking investigations or investigations under section 227 .

(4) Where a member of garda personnel was involved in an investigation referred to in paragraph (b) of subsection (3), the Minister may, having consulted with the Garda Commissioner, specify that the terms of reference of an inquiry under this section may relate to the conduct of the member.

(5) An appointed judge may conduct an inquiry under this section in the manner he or she thinks proper, whether by examining witnesses or otherwise, and may, in particular, conduct any proceedings relating to the inquiry otherwise than in public.

(6) For the purpose of an inquiry under this section, the appointed judge has the powers, rights and privileges vested in a judge of the High Court on the hearing of an action, including the power to—

(a) enforce the attendance of witnesses, and

(b) compel the production of records.

(7) A person who does or omits to do anything that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.

(8) A statement or admission made by a person to an appointed judge in an inquiry under this section shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (7)).

(9) On completing an inquiry under this section, an appointed judge shall submit a report to the Minister of his or her findings and include in the report such recommendations as he or she considers relevant arising out of the matters investigated in accordance with the terms of reference of the inquiry.

(10) Subject to subsection (11), the Minister shall forward a copy of a report submitted to him or her under subsection (9) to the Police Ombudsman for such action as the Police Ombudsman considers appropriate.

(11) Where a report submitted to the Minister under subsection (9) concerns an inquiry into the conduct of the Police Ombudsman, subsection (10) shall apply subject to the modification that the reference in that subsection to the Minister shall forward shall be construed as a reference to the Minister may forward.