Written answers
Thursday, 18 December 2008
Department of Justice, Equality and Law Reform
Garda Proceedings
5:00 pm
Eamon Gilmore (Dún Laoghaire, Labour)
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Question 14: To ask the Minister for Justice, Equality and Law Reform the steps he will take to ensure the recommendations contained in reports of the Garda Ombudsman Commission on investigations are acted upon by An Garda Síochána and the Garda Commissioner; and if he will make a statement on the matter. [46745/08]
Dermot Ahern (Louth, Fianna Fail)
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The Garda Síochána Act 2005 sets out the duties and responsibilities of the Garda Commissioner in the direction and control of the Force and of the Garda Ombudsman Commission in the investigation of complaints.
Where the Garda Ombudsman Commission investigates a complaint or any other matter, it must include in its report to the Garda Commissioner a statement of the facts established, a recommendation about whether or not disciplinary proceedings should be instituted, the reasons for that recommendation and, if proceedings are recommended, the particulars relating to the proceedings that the Ombudsman Commission considers appropriate. Any such disciplinary proceedings will be taken under fair but effective disciplinary regulations made in 2007. These regulations addressed weaknesses in the previous disciplinary system identified by the findings of the Morris Tribunal. The Ombudsman Commission must be notified by the Garda Commissioner of the outcome of any proceedings.
In at least one recent case, the Ombudsman Commission also made general procedural recommendations to the Garda Commissioner which are being actively pursued.
The Ombudsman Commission may also make recommendations in its annual report or in other specific reports to me as Minister, and every such report is laid before the Houses. It is of course open to the Ombudsman Commission to express any views it may have on the responses made to its recommendations, whether specific or general. Any such views would clearly deserve and require the most careful consideration.
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