Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I move amendment No. 165:

In page 47, between lines 25 and 26, to insert the following:“(d) by the addition of the following subsection after subsection (6):

“(7) Notwithstanding subsections (4A) and (5)—

(a) the Authority may refer to the Ombudsman Commission any matter relating to policing services, and

(b) the Minister may refer to the Ombudsman Commission any matter, that gives rise to a cause for concern that a member of the Garda Síochána may have done anything referred to in subsection (4) for the Commission to consider whether the matter is one that it should investigate under that subsection.”.”.

The purpose of the amendment is to insert a new subsection into section 102 to enable the authority or Minister to refer matters to GSOC for consideration as to where GSOC should initiate a public interest investigation under section 102(4). Section 48 of the Bill inserts a new subsection 4(a) into section 102 which enables the authority to refer matters to GSOC for investigation. This provision replicates a similar power for the Minister to that in section 102(5).

Referral under these provisions will always result in GSOC initiating an investigation. This is appropriate where the authority or Minister is satisfied that an investigation should be initiated. However, there is no mechanism under the current provisions to deal with a situation where, for example, the authority or the Minister is uncertain as to whether an investigation is required or where GSOC might have already completed an investigation but the authority or Minister is unaware of this fact. The amendments now being proposed seek to address the situation by allowing the authority or the Minister to refer matters to GSOC on the basis that it will determine whether an investigation under section 102(4) is warranted. Amendments Nos. 163 and 164 are technical amendments.