Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 47:

In page 194, to delete lines 21 to 23.

Section 220 provides a right of review for complainants who are dissatisfied with the determination of the police ombudsman that a complaint is inadmissible or that an investigation be discontinued. Section 220(8) currently provides the police ombudsman with the power to review a decision made under Part 6 and to take any appropriate action to reconsider a decision found to be incorrect. My Department has engaged with GSOC and with the Attorney General's office on this particular subsection. As drafted, it could possibly be open to misinterpretation or used as an avenue for a broader right of review than was originally intended. It is therefore proposed to delete section 220(8) in its entirety. To be clear, deletion of this subsection in no way limits or detracts from the police ombudsman's ability to undertake such a review or to take action to address incorrect decisions.

Such a power is administrative in nature. It does not require reinforcement in statute. My officials have consulted the current Garda Síochána Ombudsman Commission, which agrees with this view and the proposed approach here.

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