Oireachtas Joint and Select Committees
Tuesday, 15 February 2022
Joint Oireachtas Committee on Justice, Defence and Equality
General Scheme of the Policing, Security and Community Safety Bill: Discussion
Ms Antoinette Cunningham:
The Bill does not state at what point. It states GSOC can open the investigation, notwithstanding it may not know the identity of the member. Once that member is identified, the Bill does not specify how or when the member should be notified. These are the problems we see in the Bill. This is a lack of natural justice. If a person is the subject of a complaint and becomes aware of it, he or she is entitled to know what the complaint is and the matter being complained of. Therein follows a person's rights. For example, if a person is accused of a criminal offence, he or she has different rights and entitlements compared with if it were a minor disciplinary issue. The Bill is silent on this and, for that reason, it needs to be reviewed.
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