Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 6:

In page 3, to delete lines 21 to 23 and substitute the following:"Amendment of section 84 of Principal Act

4. Section 84 of the Principal Act is amended by substituting the following for subsection (1):

"(1) Subject to subsection (1A), a complaint must be made within the period of 1 year beginning on the date of the conduct giving rise to the complaint or within any extension of that period allowed under subsection (2).

(1A) Where the conduct giving rise to the complaint would, if substantiated, constitute an offence by the member of the Garda Síochána, a complaint must be made within the period of 2 years beginning on the date of the said conduct or within any extension of that period allowed under subsection (2).".".

The amendment of section 84 of the Garda Síochána Act 2005 to extends the time in which a complaint must be made from six to 12 months is a welcome one, which brings this jurisdiction into line with Northern Ireland. This amendment proposes to allow this period to be extended to two years in circumstances where the conduct giving rise to the complaint would, if substantiated, constitute an offence. It is intended that this change will reflect the gravity and proportionality in respect of the relevant occurrence and provide access to justice for citizens in such circumstances. A statute of limitations does not apply to indictable offences committed by a citizen in the normal course and persons may be charged at any time if there are reasonable grounds to suspect they have committed an offence.

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