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29 1986

GARDA SÍOCHÁNA (COMPLAINTS) ACT, 1986

THIRD SCHEDULE

The Garda Síochána Complaints Appeal Board

Section 10 .

1. (1) The Appeal Board shall consist of a chairman and two ordinary members.

(2) The members of the Appeal Board shall be appointed from time to time as occasion requires by the Government and, subject to the provisions of this Schedule, shall hold office upon such terms and conditions as the Government may determine.

(3) The term of office of a member of the Appeal Board shall be five years and, subject to the provisions of this Schedule, a member of the Appeal Board shall be eligible for re-appointment as such member.

(4) (a) The chairman of the Appeal Board shall be a judge of the Circuit Court and at least one of the ordinary members of the Appeal Board shall be a practising barrister, or a practising solicitor, of at least ten years' standing.

(b) If the chairman of the Appeal Board ceases during his term of office as such chairman to be as judge of the Circuit Court or if an ordinary member of the Appeal Board who is a practising barrister or a practising solicitor at the time of his appointment ceases during his term of office as such member to be a practising barrister or a practising solicitor, he shall thereupon cease, in the case of such chairman, to be such chairman and to be a member of the Appeal Board and, in the case of such ordinary member, to be a member of the Appeal Board.

(c) The membership of the Appeal Board shall not include any person who is or has been a member of the Garda Síochána.

(5) A member of the Appeal Board may at any time resign his office as such member by letter sent to the Secretary to the Government and the resignation shall take effect on and from the date of receipt of the letter.

(6) Where the chairman of the Appeal Board ceases during his term of office as such chairman to be a member of the Appeal Board, he shall also cease to be chairman of the Appeal Board.

(7) The chairman of the Appeal Board shall, unless he sooner dies, resigns or otherwise ceases to be chairman, hold office as such chairman until the expiration of his term of office as a member of the Appeal Board.

(8) Where a casual vacancy occurs among the members of the Appeal Board, the Government shall, as soon as may be, take such steps as are necessary to fill the vacancy and the person appointed to fill the vacancy shall hold office for the remainder of the term of office for which his predecessor was appointed.

(9) Members of the Appeal Board (other than the chairman) shall be paid such remuneration (if any), and members of the Appeal Board shall be paid such allowances for expenses, as the Minister, with the consent of the Minister for the Public Service, may from time to time determine.

(10) The Government may remove from office any member of the Appeal Board who, in the opinion of the Government, has become incapable through ill-health of effectively performing his functions or who has committed stated misbehaviour.

2. (1) The Appeal Board shall hold sittings and at the sittings may receive submissions by or on behalf of the persons concerned (including the chief executive) and such evidence (if any) as it thinks fit.

(2) Sittings of the Appeal Board shall be held in private.

3. (1) A member proposing to appeal from a decision of a tribunal shall, within twenty-one days of the date upon which the decision was announced, notify in writing the Appeal Board of his intention to appeal from the decision and shall specify in the notification the decision to which the appeal relates.

(2) The Appeal Board shall cause a copy of the record made pursuant to paragraph 12 (k) of the Second Schedule to this Act of the proceedings of a tribunal from whose decision an appeal is brought by a member to be furnished to the member concerned not less than 21 days before the commencement of the hearing of the appeal.

(3) An appeal to the Appeal Board shall be grounded on the record aforesaid of the proceedings of the tribunal to whose decision the appeal relates, on such evidence (if any), other than evidence to which the record aforesaid relates, as the Appeal Board thinks fit and on any observations of the said tribunal which relate to any matter arising on the record aforesaid and which the Appeal Board requests the tribunal to furnish.

(4) A member may at any time before the commencement of the hearing of an appeal brought by him withdraw the appeal in whole or in part by notifying the Appeal Board in writing of his intention to do so and shall specify in the notification the decision or decisions to which the withdrawal relates.

(5) On receipt by it of a notification under subparagraph (1) or (4) of this paragraph, the Appeal Board shall, as soon as may be, inform the Commissioner, the complainant and the Board of the notification and of the decision or decisions to which it relates and, where the decision is that a member above the rank of inspector should be dismissed from the Garda Síochána, shall also inform the Minister who shall cause the Government to be informed of the notification and the decision to which it relates.

4. A witness whose evidence has been or is being or is to be given before the Appeal Board shall be entitled to the same privileges and immunities as a witness in a court.

5. A decision of the Appeal Board may be that of a majority of its members.

6. The chairman of the Appeal Board may—

(a) direct in writing the member concerned to attend before the Appeal Board on a date and at a time and place specified in the direction,

(b) direct in writing any other person whose evidence is required by the Appeal Board to attend before the Appeal Board on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his possession or power specified in the direction,

(c) direct that other person to produce to the Appeal Board any specified document or thing in his possession or power,

(d) give any other directions for the purpose of the proceedings that appear to him reasonable and just.

7. The reasonable expenses of witnesses directed under paragraph 6 of this Schedule to attend before the Appeal Board shall be paid out of moneys provided by the Oireachtas.

8. A person who—

(a) having been directed under the said paragraph 6 to attend before the Appeal Board and, in the case of a person (other than a member of the Garda Síochána) so directed under subparagraph (b) of that paragraph, having had tendered to him any sum in respect of the expenses of his attendance which a witness summoned to attend before the District Court would be entitled to have tendered to him, without just cause or excuse disobeys the direction,

(b) being in attendance before the Appeal Board pursuant to a direction under the said subparagraph (b), refuses to take the oath on being required by the Appeal Board to do so, or refuses to answer any question to which the Appeal Board may legally require an answer,

(c) without just cause or excuse disobeys a direction under subparagraph (b) of the said paragraph 6 in relation to the giving of evidence or the production of a document or thing or a direction under subparagraph (c) or (d) of the said paragraph 6, or

(d) does any other thing in relation to the proceedings before the Appeal Board which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £700 or to imprisonment for a term not exceeding six months or to both.

9. If a person gives false evidence before the Appeal Board in such circumstances that, if he had given the evidence before a court, he would be guilty of perjury, he shall be guilty of that offence.

10. The procedure of the Appeal Board shall, subject to the provisions of this Act, be such as shall be determined by the Appeal Board, by rules made by it with the consent of the Minister, and the rules shall, without prejudice to the generality of the foregoing, make provision for—

(a) notifying the complainant, the member concerned and the chief executive of the date, time and place of the relevant sitting of the Appeal Board,

(b) enabling the member concerned and the complainant to be present at the relevant sitting of the Appeal Board and enabling the member concerned to present his case to the Appeal Board in person or through another member or a legal representative,

(c) giving to the Appeal Board, if it should so request, within the period specified in the request, a summary in writing of the submissions proposed to be made to the Appeal Board by or on behalf of the chief executive and the member concerned,

(d) the examination (on oath or otherwise as the Appeal Board may determine) of witnesses before the Appeal Board by the Appeal Board,

(e) the examination and cross-examination (on oath or otherwise as the Appeal Board may determine) of witnesses before the Appeal Board by or on behalf of the chief executive and the member concerned,

(f) the determination by the Appeal Board whether evidence before the Appeal Board should be given on oath,

(g) the administration by the chairman of the Appeal Board of the oath to witnesses before the Appeal Board,

(h) the announcement at a sitting of the Appeal Board of the decision or decisions of the Appeal Board in relation to an appeal, and

(i) the making of a sufficient record of the proceedings of the Appeal Board.