International Protection Act 2026
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Formal investigation | ||
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273. (1) Where a formal investigation is determined to be necessary by the Chief Inspector under section 271 , or section 272 , the Chief Inspector shall undertake an investigation in accordance with this Part. | ||
(2) For the purposes of subsection (1), the Chief Inspector may— | ||
(a) at all reasonable times enter, if necessary by the use of reasonable force, search and inspect any designated asylum border facility, or premises in which books, documents or records (including records stored in non-legible form) relating to a designated asylum border facility are kept, | ||
(b) inspect, examine and make copies of, or take extracts from, any such books, documents or records referred to in paragraph (a) including, in the case of information in a non-legible form, copies of, or extracts from, such information in a permanent legible form or require that such a copy of or extracts therefrom be provided, | ||
(c) without prejudice to any other power conferred by this section, require the body responsible for the management of the designated asylum border facility, any employee or any person carrying out services for or on behalf of the designated asylum border facility, or any person found in a designated asylum border facility to give to the Chief Inspector such assistance and information and to produce to the Chief Inspector any books, documents or records referred to in paragraph (a) that are in that person’s power, possession or procurement, as the Chief Inspector may reasonably require for the purposes of his or her functions under this Part, | ||
(d) remove and retain any books, documents or records (including records stored in non-legible form) for such period as the Chief Inspector reasonably considers necessary for the purposes of the performance of his or her functions under this Act, or require any person referred to in paragraph (c) to retain and maintain such records for such period as the Chief Inspector reasonably considers necessary for those purposes, | ||
(e) require a person referred to in paragraph (c) to answer such questions as the Chief Inspector may ask relative to any matter under this Part and to make a declaration as to the truth of the answers to those questions, and | ||
(f) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material to afford the Chief Inspector all reasonable assistance in relation to it and assist in the retrieval of information from such data equipment, apparatus or material. | ||
(3) When performing a function under this section, the Chief Inspector may be accompanied by such number of other staff of the Chief Inspector as he or she considers appropriate and, where necessary, members of An Garda Síochána and staff from the Child and Family Agency. | ||
(4) The Chief Inspector may direct that an investigation be suspended where— | ||
(a) the subject matter of the investigation is already under investigation by another public body, and | ||
(b) the Chief Inspector is of the opinion that— | ||
(i) the continuance of the investigation would interfere or conflict with the functions of the other public body referred to in paragraph (a), or | ||
(ii) in the circumstances it would be more appropriate to await the conclusion of the investigation by the other public body referred to in paragraph (a) and any subsequent proceedings. | ||
(5) A report shall be submitted by the Chief Inspector to the Minister on the completion of a formal investigation under subsection (1) and shall contain all findings and recommendations arising from the investigation and following the suspension of an investigation under subsection (4). | ||
(6) Notwithstanding any other provision of this Part, the Chief Inspector may direct that a formal investigation of a complaint be discontinued if the Chief Inspector is— | ||
(a) of the opinion that— | ||
(i) the complainant has withdrawn the complaint, | ||
(ii) the complaint is found to be vexatious, | ||
(iii) the complaint was made in the knowledge that it was false or misleading, | ||
(iv) further investigation is not necessary or reasonably practicable, or | ||
(v) continuing with the investigation would interfere or conflict with the functions of another public body, | ||
or | ||
(b) satisfied that the complaint has been resolved. | ||
(7) Notwithstanding any other provision of this Part, the Chief Inspector may direct that a formal investigation of any other matter under this Part (other than a complaint) be discontinued if he or she is of the opinion that— | ||
(a) further investigation is not necessary or reasonably practicable, or | ||
(b) continuing with the investigation would interfere or conflict with the functions of another public body. | ||
(8) Where a direction is made under subsection (6) or (7), the Chief Inspector shall notify such of the following, as are appropriate, of his or her decision and the reason for it: | ||
(a) the complainant; | ||
(b) the Minister and the body responsible for the management of the designated asylum border facility; | ||
(c) any other person the Chief Inspector considers appropriate. |