Policing, Security and Community Safety Act 2024
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Reviews and recommendations by Independent Examiner | ||
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243. (1) The Independent Examiner shall carry out a review in accordance with this section (in this section referred to as a “review”) of the following matters: | ||
(a) a refusal by the Garda Commissioner, under subsection (5) of section 147 , to comply with a request under subsection (4) of that section to provide information or a document to the Authority, referred to the Independent Examiner by the Authority under the said subsection (5); | ||
(b) an objection by the Garda Commissioner under section 210 (14) to a search of Garda Síochána premises notified to the Independent Examiner by the Garda Commissioner under that subsection; | ||
(c) a refusal by a person, under subsection (5) of section 211 , to provide any information, document or thing pursuant to a requirement under subsection (1)(a) of that section or to answer any question under subsection (4)(a) of that section, referred to the Independent Examiner by the Police Ombudsman under subsection (7) of that section; | ||
(d) a refusal by the Garda Commissioner, under subsection (3) of section 217 , to comply with a request under subsection (1) of that section to provide any information or document, referred to the Independent Examiner by the Police Ombudsman under subsection (4) of that section. | ||
(2) A referral or a notification referred to in subsection (1) shall contain such other information in relation to the matter referred or notified as the Independent Examiner may reasonably require for the purposes of a review. | ||
(3) The Independent Examiner may, for the purpose of a review, seek further information from An Garda Síochána or interview a person nominated by the Garda Commissioner for that purpose. | ||
(4) On completion of a review, the Independent Examiner shall issue to the Minister a recommendation in writing in relation to the matter to which the review relates and the reasons for such recommendation. | ||
(5) The Independent Examiner may agree a memorandum of understanding with the Garda Commissioner concerning the manner in which the powers of the Independent Examiner under subsection (3) may be exercised. |