Richard Bruton (Dublin North Central, Fine Gael)
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Question 287: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a Garda investigation carried out on behalf of the Garda Ombudsman Commission, which results in disciplinary action being taken by the Garda authorities, prevents the Ombudsman Commission from taking further disciplinary action even if it is dissatisfied with the outcome of the investigation; and his views on whether this is an aspect of the legislation which needs to be amended. [46045/08]

Dermot Ahern (Louth, Fianna Fail)
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The issue to which the Deputy refers has never been brought to my attention as an operational difficulty.

The Deputy should be aware that the Garda Siochana Ombudsman Commission has never been empowered directly to take disciplinary action against a member of the Garda Siochana — it is empowered to recommend disciplinary action to the Garda Commissioner. Under section 26 of the Garda Siochana Act 2005 it is the Commissioner who has statutory responsibility for the direction and control of the Garda Siochana.

As I have previously indicated I intend to bring proposals for legislative change to Government shortly in relation to issues concerning the operation of the Ombudsman Commission, and any case for change on this matter can be considered in that context.