Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

Amendment of section 12 of Principal Act

11. Section 12 of the Principal Act is amended—

(a) by the substitution of the following subsections for subsection (1):

“(1) Before considering the removal of a person from office under subsection (1) or (4) of section 11, the Government shall—

(a) notify the person that the Government intends to consider the matter and include in the notification a statement of their reasons for doing so, and

(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

(1A) The Government shall inform the Authority of a notification to a person under subsection (1)(a) if the reasons for the removal from office of the person—

(a) in the case of a removal under section 11(1), relate either solely or partially to policing services, or

(b) in the case of a removal under section 11(4), relate partially to policing services.”,

(b) by the insertion of the following subsection after subsection (5):

“(5A) A statement or admission made by a person pursuant to a direction under subsection (3) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (5)).”,

(c) in subsection (6), by the insertion of the following paragraph after paragraph (a):

“(aa) in a case where the reasons for the proposed removal from office of the person concerned relate either solely or partially to policing services, inform the Authority of the findings of the inquiry in so far as they relate to policing services,”,

and

(d) in subsection (7), by the substitution of “removed from office under subsection (1) or (4) of section 11” for “removed from office under section 11”.