Jim O'Keeffe (Cork South West, Fine Gael)
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Question 321: To ask the Minister for Justice, Equality and Law Reform the status of complaints that have been handled or are currently being handled by the existing complaints procedures once the Garda Ombudsman Commission has begun its work; if such cases will be debarred from consideration by the Garda Ombudsman Commission; and if he will make a statement on the matter. [21607/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 111 of the Garda Síochána Act 2005 provides for transitional provisions in relation to complaints made under the Garda Síochána (Complaints) Act 1986 following commencement of the relevant provisions of the 2005 Act.

Where an investigation into a complaint made under the Garda Síochána Complaints Act 1986 has commenced but has not been completed when the Garda Ombudsman Commission begins receiving complaints, that complaint will be investigated by the Garda Complaints Board.

Where an investigation into a complaint made under the Garda Síochána Complaints Act 1986 has not commenced when the Garda Ombudsman Commission begins receiving complaints, that complaint will be investigated by the Garda Ombudsman Commission.

Admissibility of complaints is governed by section 87 of the 2005 Act. On receiving a complaint directly from a complainant or receiving a copy or record of a complaint from the Garda Commissioner or a member of the Garda Síochána, the Ombudsman Commission shall determine whether or not the complaint is admissible.