Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015
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Removal of Garda Commissioner, Deputy Garda Commissioner and members of certain other ranks from office | ||
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10. (1) The Principal Act is amended by the substitution of the following section for section 11: | ||
“11. (1) Subject to section 12, a person who holds the office of Garda Commissioner or Deputy 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 removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda Síochána. | ||
(2) The Authority may, for the purposes of subsection (1), recommend to the Government the removal from office of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner if the reasons for removal relate to policing services, and the Government shall consider any such recommendation. | ||
(3) Subject to section 13A, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Authority, but only for stated reasons related solely to policing services, including because— | ||
(a) the person has failed to perform the functions of the office relating to policing services with due diligence and effectiveness, | ||
(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 relating to policing services, or | ||
(c) the removal of the person from office would, in the opinion of the Authority, be in the best interests of the Garda Síochána. | ||
(4) Subject to section 12, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Government in circumstances other than those to which subsection (3) relates, but only for stated reasons, including because— | ||
(a) the person has failed to perform the functions of the office with due diligence and effectiveness, | ||
(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 removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda Síochána. | ||
(5) On notifying under section 12(1)(a) or 13A(1)(a), as may be appropriate, a person who holds the office of Garda Commissioner, Deputy Garda Commissioner, Assistant Garda Commissioner, chief superintendent or superintendent that the Government or the Authority, as the case may be, intends to consider removing him or her from office, the Government or the Authority, as the case may be, may immediately suspend the person from duty. | ||
(6) A suspension from duty under subsection (5) continues until the Government or the Authority, as the case may be, 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 13A, as may be appropriate, in making that decision. | ||
(7) Subject to subsection (8), the Government shall, as soon as may be, inform the Authority of a proposal to remove a person from office under subsection (1) or (4) and any related suspension from duty under subsection (5). | ||
(8) The Government shall consult with the Authority before the removal of a person from office under— | ||
(a) subsection (1), if the reasons for removal relate to policing services, or | ||
(b) subsection (4), if the reasons for removal include reasons relating to policing services. | ||
(9) The Authority shall, as soon as may be, inform the Government of a proposal to remove a person from office under subsection (3) and any related suspension from duty under subsection (5).”. | ||
(2) If any steps have been taken before the commencement of this section and sections 11 to 13 to remove from office a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent, sections 11 to 13 of the Principal Act shall apply to the removal of the person from office as if the amendments of the Principal Act in subsection (1) and sections 11 to 13 had not been made. | ||
(3) After the commencement of this section and sections 11 to 13 , sections 11 (inserted by this section), 12 (as amended by section 11 ), 13(inserted by section 12 ) and 13A (inserted by section 13 ) of the Principal Act shall, other than in the case of persons to whom subsection (2) applies, apply to the removal from office of a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent even if the reasons for the removal relate to actions taken, omissions made or conduct that occurred before that commencement. |