Garda Síochána Act 2005

Removal of Garda Commissioner, Deputy Garda Commissioner or Assistant Garda Commissioner from office.

11.— (1) Subject to section 12 , a person who holds the office of Garda Commissioner, Deputy Garda Commissioner or Assistant Garda Commissioner may be removed from office by the Government but only for stated reasons, including because—

(a) the person has failed to perform the functions of the office with due diligence and effectiveness or, in the case of the Garda Commissioner, has failed to have regard to any of the matters specified in section 26 (2),

(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or

(c) the person’s removal from office would, in the Government’s opinion, be in the best interests of the Garda Síochána.

(2) On notifying under section 12 (1) a person who holds the office of Garda Commissioner or Deputy Garda Commissioner that the Government intends to consider removing him or her from office, the Government may immediately suspend the person from duty.

(3) The suspension from duty continues until the Government makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 12 or in making that decision.