Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

Examination of certain practices, policies and procedures of Garda Síochána

52. The Principal Act is amended by the substitution of the following section for section 106 (as amended by section 10 of the Act of 2015):

“106. (1) For the purpose of preventing complaints arising in relation to a practice, policy or procedure of the Garda Síochána or of reducing the incidence of such complaints, the Ombudsman Commission—

(a) may, if it considers it appropriate to do so, or

(b) shall, if so requested by—

(i) the Minister within such period as he or she may specify in the request, or

(ii) the Authority, in respect of any matter relating to policing services, within such period as it may specify in the request,

examine the practice, policy or procedure.

(2) The Minister shall notify the Authority of a request made by him or her under subsection (1)(b).

(3) The Authority shall notify the Minister of a request made by it under subsection (1)(b).

(4) The Ombudsman Commission shall, before commencing an examination of a practice, policy or procedure under subsection (1), inform the Garda Commissioner in writing of—

(a) if appropriate, the nature of a request from the Minister under subsection (1)(b)(i) or the Authority under subsection (1)(b)(ii), as the case may be,

(b) the specific practice, policy or procedure to be examined under subsection (1), and

(c) the reasons for the examination.

(5) The Ombudsman Commission shall—

(a) report to—

(i) the Minister as soon as practicable or, if appropriate, within such period as the Minister specifies in his or her request under subsection (1)(b) (i), or

(ii) the Authority as soon as practicable or, if appropriate, within such period as the Authority specifies in its request under subsection (1)(b) (ii),

as the case may be, on the results of the examination,

(b) include in the report any recommendations of the Commission for achieving the purpose referred to in subsection (1) in relation to the practice, policy or procedure examined, and

(c) provide the Garda Commissioner with a copy of the report.

(6) The Authority shall, as soon as practicable, provide the Minister with a copy of any report received by it under subsection (5)(a).

(7) The Minister may, if he or she considers it appropriate to do so having regard to the functions of the Authority under this Act, provide the Authority with a copy of any report received by him or her under subsection (5)(a).

(8) Subject to subsection (9), the Minister shall cause copies of any reports received by him or her under subsection (5) or (6) to be laid before the Houses of the Oireachtas.

(9) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas under subsection (8) any matter which, in his or her opinion—

(a) would be prejudicial to the interests of national security, or

(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.”.