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Amendment of section 102B of Principal Act
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49. Section 102B (inserted by section 7 of the Act of 2015) of the Principal Act is amended—
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(a) by the insertion of the following subsection after subsection (1):
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“(1A) The Authority may, if it appears to it desirable in the public interest to do so and subject to the consent of the Minister, request the Ombudsman Commission to investigate any matter that gives rise to a concern that the Garda Commissioner may, in the performance of his or her functions relating to policing services, have done anything referred to in subsection (1), and the Commission shall investigate that matter.”,
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(b) in subsection (3), by the substitution of “any matter under subsection (1) ” for “any matter under subsection (2) ”,
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(c) by the insertion of the following subsection after subsection (3):
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“(3A) If the Minister refuses to consent to the Authority making a request for an investigation by the Ombudsman Commission under subsection (1A), he or she shall inform the Authority of his or her reasons for the refusal.”,
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(d) by the insertion of the following subsections after subsection (3A) (inserted by paragraph (c)):
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“(3B) The Minister shall issue a directive to a Deputy Garda Commissioner or an Assistant Garda Commissioner requiring him or her to take any lawful measures that appear to him or her to be necessary or expedient for the purposes of—
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(i) preserving evidence relating to the conduct of the Garda Commissioner that is the subject of an investigation of a matter under subsection (1), (1A) or (2), and
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(ii) facilitating the Ombudsman Commission to obtain that evidence.
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(3C) A Deputy Garda Commissioner or an Assistant Garda Commissioner to whom a directive is issued under subsection (3B) shall comply with the directive.”,
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(e) in subsection (4), by the substitution of “a matter under subsection (1), (1A) or (2)” for “a matter under subsection (1) or (2)” in both places where it occurs, and
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(f) in subsection (5), by the substitution of “an investigation under subsection (1), (1A) or (2)” for “an investigation under subsection (1) or (2)”.
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