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

I agree with what the Senator is trying to achieve here but it is covered in what we already have. Subsection (3) provides for actions by the appointed person, that is, the person who has been appointed to undertake the special inquiry. Where there has been an inexcusable delay or some sort of delay on the part of the person who is supposed to comply with the direction, the appointed person can take action. For example, where a delay specific to a member of An Garda Síochána, the person carrying out the inquiry may report this fact to the Garda Commissioner and highlight that the garda in question is not engaging or has not responded in a timely manner.

Subsection (4) provides that a failure to comply with a direction could be the subject of action, in accordance with the conduct regulations we have just spoken about in the case of members, or the conduct code in the case of members of Garda staff. It is the case that, under subsection (3), if somebody is not complying in a timely manner, that person can be reported to the Garda Commissioner and the conduct regulations can be applied. The regulations on the code of conduct can then be enforced as well.