Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015
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Amendment of section 42 of Principal Act | ||
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35. Section 42 (inserted by section 42 of the Criminal Justice Act 2007 ) of the Principal Act is amended— | ||
(a) by the substitution of the following subsections for subsection (1): | ||
“(1) The Minister may, with respect to any matter considered by him or her to be of public concern, on his or her own initiative or, in the case of a matter relating to policing services, either— | ||
(a) having consulted with the Authority, or | ||
(b) on the request of the Authority, where the Authority is satisfied that an inquiry should be ordered, | ||
by order appoint a person to— | ||
(i) inquire into any aspect of the administration, operation, practice or procedure of the Garda Síochána, or the conduct of its members, and | ||
(ii) make a report to the Minister on the conclusion of the inquiry. | ||
(1A) If, following a request under paragraph (b) of subsection (1) from the Authority to do so, the Minister does not make an order under that subsection, the Minister shall inform the Authority of his or her reasons for not doing so.”, | ||
(b) by the substitution of the following subsections for subsection (3): | ||
“(3) The Minister shall, subject to subsection (3A), specify the terms of reference of the inquiry in the order under subsection (1) and may, by order, made at any time before the submission of the final report, amend those terms of reference for the purpose of clarifying, limiting or extending the scope of the inquiry. | ||
(3A) Where the matter the subject of the inquiry relates to policing services, the Minister shall consult with the Authority before specifying or amending, as the case may be, the terms of reference of the inquiry.”, | ||
(c) in subsection (4) — | ||
(i) in paragraph (a), by the insertion of “a member of the Authority nominated for that purpose by the Authority,” after “member of the Garda Síochána,”, and | ||
(ii) in paragraph (b), by the insertion of “, member of the Authority” after “the member”, | ||
(d) in subsection (5), by the insertion of “, the member of the Authority” after “member”, | ||
(e) by the substitution of the following subsection for subsection (6) : | ||
“(6) Where the member, member of the Authority or other person fails to comply with a requirement under subsection (4), the High Court may, on application by the appointed person and on notice to the member, member of the Authority or other person, as may be appropriate— | ||
(a) order the member, member of the Authority or person to comply with the requirement, and | ||
(b) include in the order any other provision it considers necessary to enable the order to have full effect.”, | ||
and | ||
(f) in subsection (7), by the insertion of “, member of the Authority” after “member”. |