Coroners (Amendment) Act 2019

Performance of functions by designated officers of Ombudsman Commission under Coroners Act 1962

37. The Garda Síochána Act 2005 is amended by the insertion of the following section after section 101:

101A. (1) The Ombudsman Commission may, in connection with the investigation of a complaint or matter under this Part that concerns the death of a person, direct a designated officer of the Commission—

(a) to perform the functions conferred on such an officer by the Coroners Act 1962 in relation to the inquiry by a coroner into the death of the person under that Act, and

(b) to provide to the coroner, at his or her request, such assistance with regard to the holding of an inquest in relation to the death of that person as would be provided by a member of the Garda Síochána in the case of any other inquest under that Act,

and a designated officer so directed shall perform those functions and provide such assistance whether or not the investigation under this Part is completed.

(2) A designated officer of the Ombudsman Commission has, for the purposes of performing the functions of such an officer referred to in paragraph (a) of subsection (1) and of providing the assistance referred to in paragraph (b) of that subsection, all the powers, immunities and privileges conferred and all the duties imposed on a member of the Garda Síochána by or under any enactment or the common law.

(3) In this section ‘enactment’ has the meaning it has in section 98.”.