Number 29 of 1986

GARDA SÍOCHÁNA (COMPLAINTS) ACT, 1986

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE

The Garda Síochána Complaints Board

SECOND SCHEDULE

Tribunals

THIRD SCHEDULE

The Garda Síochána Complaints Appeal Board

FOURTH SCHEDULE

Number 29 of 1986

GARDA SÍOCHÁNA (COMPLAINTS) ACT, 1986

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. —(1) In this Act, save where the context otherwise requires—

“the Act of 1925” means the Police Forces Amalgamation Act, 1925 ;

“admissible complaint” means a complaint to which section 4 (3) (c) of this Act applies and “admissible” shall be construed accordingly;

“the Appeal Board” means the Garda Síochána Complaints Appeal Board established by section 10 of this Act;

“the Board” means the Garda Síochána Complaints Board established by section 3 of this Act;

“breach of discipline” means conduct specified in the Fourth Schedule to this Act and includes, other than in a case where paragraph (e) of section 7 (9) of this Act applies, non-compliance with paragraph (d) of the said section 7 (9) and also conduct constituting an offence in respect of which, after the date on which a complaint relating to that conduct was made, there is a conviction by a court of the member concerned and “in breach of discipline” shall be construed accordingly;

“the chief executive” has the meaning assigned to it by paragraph 4 (2) of the First Schedule to this Act;

“the Commissioner” means the Commissioner of the Garda Síochána;

“complainant” means a person who makes a complaint orally, or sends or gives a complaint in writing, to the Board or to a member of the Garda Síochána and, in the case of a complaint so made, sent or given by a person through his solicitor or a parent, guardian or other person includes, where the context so requires, the solicitor of the person or a parent, guardian or other person, as the case may be;

“complaint” means a complaint under section 4 (1) (a) of this Act;

“conduct” means conduct (whether consisting of the doing of an act or the making of an omission) on or after the establishment day;

“establishment day” means the day appointed under section 2 of this Act to be the establishment day for the purposes of this Act;

“investigating officer” means a member of the Garda Síochána appointed under section 6 of this Act to investigate an admissible complaint;

“legal representative” means a barrister or a solicitor;

“member” means a member of the Garda Síochána other than the Commissioner or a deputy commissioner, if and whenever he is exercising or performing any power or duty of the Commissioner during his absence or incapacity, pursuant to an authorisation of the Minister under section 8 (2) of the Act of 1925;

“member of the public” means a person other than a member of the Garda Síochána;

“the Minister” means the Minister for Justice;

“orally” does not include an oral communication transmitted by electronic means;

“tribunal” means a tribunal appointed under section 8 of this Act.

(2) Functions of the Commissioner under this Act may be performed by any member of the Garda Síochána authorised in that behalf by the Commissioner and references in this Act to the Commissioner shall be construed accordingly.

2. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

3. —(1) There shall, by virtue of this section, be established on the establishment day a board, to be known as the Garda Síochána Complaints Board and in this Act referred to as the Board, to perform the functions assigned to it by this Act.

(2) The provisions of the First Schedule to this Act shall have effect in relation to the Board.

4. —(1) (a) A member of the public who is directly affected by, or who witnesses, any conduct of a member and who wishes to have a complaint concerning that conduct considered by the Board shall himself or through his solicitor or, in the case of a person under the age of seventeen years, through a parent or guardian or, in the case of a person who is mentally handicapped or mentally ill, through a parent or guardian or some other person interested in his welfare make a complaint in relation thereto orally, or send or give it in writing, to the Board at the office of the Board, to a member at a Garda Síochána station or to a member above the rank of chief superintendent at a place other than a Garda Síochána station within six months of the date of the conduct.

(b) A complainant who makes a complaint to a member under paragraph (a) of this subsection shall be presumed, for the purpose of that paragraph, to wish to have his complaint considered by the Board unless, at the time of the making of the complaint, he himself or the person through whom he makes the complaint requests otherwise in writing.

(2) (a) On receipt of a complaint by the Board, an officer of the Board shall record it forthwith, together with the date and time of its receipt, furnish an acknowledgment in writing of its receipt to the complainant and notify the Commissioner of the complaint (unless it appears to the officer that the notifications under paragraph (b) or (c) of subsection (3) of this section in relation to the complaint will have been effected within 24 hours of the receipt of the complaint).

(b) On receipt of a complaint by a member at a Garda Síochána station—

(i) he shall record it forthwith, together with the date and time of its receipt, and furnish an acknowledgment in writing of its receipt to the complainant, and

(ii) the member in charge of the station at the time the complaint was received there shall notify, or cause to be notified, the chief executive and the Commissioner of the complaint as soon as may be after such receipt and send to each of them a copy of the complaint or, if the complaint was not in writing, a copy of the record of it.

(c) On receipt of a complaint by a member of the Garda Síochána above the rank of chief superintendent at a place other than a Garda Síochána station, he shall—

(i) record it forthwith, together with the date and time of its receipt, and furnish an acknowledgment in writing of its receipt to the complainant, and

(ii) notify the chief executive of the complaint as soon as may be after such receipt and send to him a copy of the complaint or, if the complaint was not in writing, a copy of the record of it.

(3) (a) On receipt by the Board of a complaint or of a notification under subsection (2) of this section, the chief executive shall consider whether the complaint is admissible and the complaint shall be admissible if the following conditions are satisfied—

(i) the complainant was a member of the public,

(ii) the complainant was directly affected by or witnessed the conduct alleged in the complaint,

(iii) the said conduct would constitute an offence or be conduct specified in the Fourth Schedule to this Act,

(iv) the date on which the said conduct was alleged to have occurred was on or after the establishment day and within six months before the date on which the complaint was made,

(v) the application of this Act to the said conduct did not, by virtue of section 15 of this Act, stand excluded on the date on which the complaint was made, and

(vi) the complaint is not frivolous or vexatious.

(b) If the chief executive is of opinion that a complaint is not admissible, he shall so notify in writing the complainant and the Commissioner and shall indicate in the notification the condition specified in paragraph (a) of this subsection that, in his opinion, is not satisfied as respects the complaint and shall, subject to paragraph (c) of this subsection, take no further action in the matter.

(c) If the chief executive is of opinion that a complaint is admissible, or the Board decides that a complaint to which paragraph (b) of this subsection applies is admissible, the chief executive shall, as soon as may be, so notify in writing the complainant and the Commissioner and, if the complaint was made, sent or given to the Board, send to the Commissioner a copy of the complaint, or, if the complaint was not in writing, a copy of the record of it.

(4) On receipt by the Commissioner of a notification under subsection (3) (c) of this section, he shall, as soon as may be, notify in writing the member concerned that a complaint (the nature of which shall be specified in the notification) has been made against him by a specified person.

(5) It shall be the duty of the Commissioner and of any member (whether authorised under section 1 (2) of this Act or not), on becoming aware of a complaint, to take any lawful measures that appear to him to be necessary or expedient for the purpose of obtaining or preserving evidence of or relating to the conduct complained of and, in a case where the Commissioner proposes to take any such measures, he may postpone notification of the complaint to the member concerned under subsection (4) of this section until the measures have been taken.

(6) Nothing in this Act shall preclude the charging of a member with an offence notwithstanding that the conduct to which the offence relates could be the subject of a complaint; however, where a complaint has been made, sent or given under subsection (1) of this section in relation to the conduct of a member, the member shall not be charged with an offence relating to such conduct except by or with the consent of the Director of Public Prosecutions.

5. —(1) On receipt by the Commissioner of a notification under section 4 (3) (c) of this Act, he shall, subject to the provisions of this Act—

(a) having made such inquiries (if any) as appear to him to be necessary, consider whether the complaint is suitable for informal resolution, and

(b) if he considers that the complaint is suitable for informal resolution, so inform the Board and undertake the resolution of the complaint in accordance with the provisions of this section.

(2) Where a complaint is resolved under this section a record shall be kept of the resolution arrived at and of the manner of such resolution and a copy thereof shall be sent to the Board.

(3) A complaint shall not be resolved under this section if—

(a) the conduct alleged in the complaint constitutes an offence and either the member concerned has been charged with it or, if he has not been so charged, it is one which would, if there was sufficient evidence of the commission of it by the member, be likely, in the opinion of the Commissioner, to lead to the member being charged with it, or

(b) the complainant or the member concerned does not consent in writing to the resolution of the complaint under this section.

(4) The Board may prescribe procedures to be observed in the resolution of complaints under this section.

(5) Where before, during or after the resolution of a complaint under this section, the Board is of opinion that the complaint is or was not suitable for such resolution, it shall, as soon as may be, request the Commissioner in writing to have the complaint investigated under section 6 of this Act and that section shall thereupon apply and have effect accordingly in relation to the complaint and, if the complaint has been resolved under this section, it shall be deemed for the purposes of this Act not to have been so resolved; and the Board shall, as soon as may be, notify in writing the complainant and the member concerned of such a request.

(6) (a) Subject to paragraph (b) of this subsection, a statement made by the complainant or the member concerned in connection with or for the purpose of the resolution of a complaint under this section shall not be admissible in evidence in any proceedings whatsoever.

(b) A statement which consists of or includes an admission relating to any matter other than the complaint which falls to be resolved under this section is not rendered inadmissible by paragraph (a) of this subsection.

6. — (1) (a) The Commissioner shall appoint a member of the Garda Síochána (in this Act referred to as an investigating officer)—

(i) not below the rank of superintendent, or

(ii) if he considers that the circumstances so warrant, of the rank of inspector,

to investigate an admissible complaint (other than a complaint resolved under section 5 of this Act) and a person so appointed shall carry out the investigation either, as he thinks fit, alone or with the assistance of such other members as he may determine.

(b) Where it appears to an investigating officer that the conduct alleged in a complaint may constitute an offence, the law and practice applicable to the investigation of offences shall, subject to section 4 (6) of this Act, apply in relation to the investigation.

(c) The Board may prescribe general principles to be observed in the appointment of investigating officers under paragraph (a) of this subsection.

(2) (a) An investigating officer shall complete an investigation under this section as soon as may be and, if he is unable to do so within the period of days from the date of his appointment, he shall—

(i) as soon as may be after the expiration of that period, furnish an interim report in writing thereon to the chief executive, and

(ii) as soon as may be after the receipt by him of a request from the chief executive therefor, furnish, until the completion of the investigation, such further interim reports in writing thereon to the chief executive as the chief executive may request.

(b) An investigating officer shall, as soon as may be after the completion of an investigation by him under this section, furnish a report in writing thereon to the chief executive and, whenever so requested by the chief executive, shall, as soon as may be after the making of such request, furnish a supplementary report in writing thereon to the chief executive.

(c) The investigating officer shall, when furnishing a report or reports as aforesaid to the chief executive, send a copy thereof to the Commissioner.

(3) (a) The Board shall supervise generally the investigation of complaints under this section and, subject to subsection (7) (a) of this section, may give such directions to an investigating officer in relation to an investigation by him under this section as appear to it to be necessary or expedient.

(b) The Board may delegate to the chief executive its functions under paragraph (a) of this subsection.

(c) An investigating officer shall comply with any directions given to him under this subsection.

(4) The chief executive shall, as soon as may be, submit to the Board every interim report of the investigation furnished to him under paragraph (a) of subsection (2) of this section and the report or reports of the investigation made to him under paragraph (b) of the said subsection (2) together with his comments in writing thereon and a recommendation in writing by him of the action (if any) that might appropriately be taken by the Board in relation to the complaint concerned.

(5) (a) Notwithstanding anything in this Act, the Board may, at any time, request the chief executive to investigate, or cause to be investigated, a complaint if the Board considers that the public interest requires that the complaint should be so investigated or that the investigation of the complaint under this Act has not been or is not being properly carried out and, where such a request is made, any investigation under any other provision of this Act of the complaint concerned shall thereupon cease.

(b) Subsection (1) (b) of this section shall apply to an investigation under this subsection as if the reference in the said subsection (1) (b) to an investigating officer was a reference to the chief executive and any person caused by him to investigate the complaint concerned.

(c) The chief executive shall submit a report in writing to the Board on the result of any investigation carried out in pursuance of a request under paragraph (a) of this subsection.

(6) (a) Where civil proceedings or criminal proceedings are instituted and have not been finally determined and the Board considers that in those proceedings it is likely that the court will determine an issue relevant to or concerning the conduct alleged in a complaint, the Board may postpone the taking of any action or further action under this Act in relation to the complaint until the civil proceedings or criminal proceedings, as the case may be, have been finally determined.

(b) If the Board considers that the conduct alleged in a complaint has been investigated by a court in civil proceedings and a determination of the issues which are, in substance, the issues involved in the complaint has been made by the court in those proceedings, when finally determined, in favour of the member concerned, no action or further action shall be taken by the Board under this Act in relation to the complaint.

(c) Proceedings shall not be regarded as finally determined for the purposes of paragraph (a) or (b) of this subsection until any appeal (including an appeal by way of case stated), rehearing or retrial in relation to those proceedings has been determined.

(7) Where the conduct alleged in a complaint constitutes an offence—

(a) if the complaint is being investigated under subsection (1) (a) of this section, a direction shall not be given under subsection (3) (a) of this section in relation to the investigation without the consent of the Director of Public Prosecutions, and

(b) if the complaint is being investigated under subsection (5) of this section, the chief executive shall consult with the Director of Public Prosecutions in relation to the manner in which the investigation is carried out.

(8) (a) Subject to paragraph (d) of this subsection, if in the course of an investigation under this section the investigating officer is of opinion that the disclosure in any report of information that would otherwise be appropriate for inclusion in that report would be liable to affect the security of the State or to constitute a serious and unjustifiable infringement of the rights of some other person, he shall refer the matter to the Commissioner.

(b) Subject to paragraph (d) of this subsection, where a matter is referred to the Commissioner under paragraph (a) of this subsection, if the Commissioner, having made such inquiries (if any) as he considers necessary, agrees with the opinion of the investigating officer in regard to the information in question or any portion of it, he shall report the matter to the Minister and, if or in so far as the Minister agrees with that opinion and so directs, the relevant information shall not be included in any report of the investigating officer.

(c) Where a direction has been given by the Minister under paragraph (b) of this subsection, the fact that such a direction has been given shall be stated in the report of the investigating officer, together with such information (if any) about the matter as the Minister may have authorised to be given for the assistance of the Board in its consideration of the complaint.

(d) Nothing in this subsection shall prevent the making of arrangements between the Board and the Commissioner whereby, in a particular case or more generally, a matter referred to in paragraph (a) of this subsection may be dealt with by some other procedure.

(e) References in this subsection to an investigating officer include, in the case of an investigation under subsection (5) of this section, references to the chief executive and any person caused by him to investigate the complaint concerned.

7. —(1) If, after consideration of—

(a) a report or reports of an investigating officer submitted to the Board under section 6 of this Act and the relevant comments and recommendation of the chief executive so submitted to the Board, or

(b) the report of the chief executive on the result of an investigation under subsection (5) of that section,

the Board is of opinion that the complaint concerned is admissible and that the conduct alleged in the complaint may constitute an offence committed by the member concerned, it shall refer the matter to the Director of Public Prosecutions.

(2) If after consideration of such a report or reports of an investigation as aforesaid and (where appropriate) of such comments and recommendation as aforesaid, the Board is of opinion that the matter is not one to which subsection (1) of this section applies, the Board shall, subject to section 6 (6) of this Act, deal with the matter in accordance with the subsequent provisions of this section.

(3) If the Board is of opinion that neither an offence nor a breach of discipline on the part of the member concerned is disclosed or that the complaint is otherwise not admissible, it shall, as soon as may be, notify the Commissioner, the complainant and the member concerned of its opinion and shall take no further action in the matter.

(4) (a) Subject to subsection (7) of this section, if the Board is of opinion that a breach of discipline on the part of the member concerned may be disclosed but that any such breach is of a minor nature appropriate to be dealt with informally by the Commissioner by way of advice, admonition or warning, it shall refer the matter to the Commissioner.

(b) A reference under paragraph (a) of this subsection shall not be made unless the member concerned has been given an opportunity to make representations to the Board in relation to the proposed reference and any representations so made have been considered by the Board.

(5) Subject to subsection (7) of this section, if the Board is of opinion that a breach of discipline on the part of the member concerned (other than a breach referred to in subsection (4) of this section) may be disclosed, it shall refer the matter to a tribunal.

(6) The Board shall, as soon as may be—

(a) notify the complainant and the member concerned of any action of the Board under subsection (4) or (5) of this section, and

(b) notify the Commissioner of any action of the Board under the said subsection (5).

(7) (a) Where a member has been convicted or acquitted of an offence, a breach of discipline shall not be referred to the Commissioner or a tribunal if the breach is in substance the same as the offence of which he has been convicted or acquitted.

(b) (i) Paragraph (a) of this subsection shall not be construed as applying in relation to a breach of discipline which consists of conduct constituting an offence in respect of which there has been a conviction by a court.

(ii) The reference in the said paragraph (a) to a member who has been acquitted of an offence shall, as respects an offence dealt with summarily, be construed as a reference to a member who has had a complaint or charge against him dismissed on the merits.

(8) Subject to section 6 (6) of this Act, where the Director of Public Prosecutions has decided whether proceedings for an offence should or should not be instituted in respect of a complaint referred to him under subsection (1) of this section, the Board may either, if it thinks it proper to do so, deal with the matter under subsection (4) or (5) of this section or decide to take no further action in the matter.

(9) (a) Where—

(i) the Board has considered a report or reports submitted to it under section 6 of this Act and (where appropriate) the relevant comments and recommendation so submitted to it, and

(ii) (I) the Board has referred the matter to the Director of Public Prosecutions and he has decided that proceedings for an offence should not be instituted in respect of the complaint concerned, or

(II) the Board is of opinion that the conduct under consideration (being conduct alleged in the complaint) does not constitute an offence committed by the member concerned, and

(iii) in the course of the investigation the member has refused to answer a question, furnish information, or produce a document or thing, relevant to the investigation of the complaint concerned,

the Board may, before dealing with the matter in accordance with subsections (3) to (8) of this section, give a direction to an investigating officer to investigate the complaint further in accordance with this subsection.

(b) A direction shall not be given under this subsection unless the conduct alleged in the complaint concerned arose in connection with the performance or exercise, or the purported performance or exercise, by the member concerned of functions or powers conferred on him as such member.

(c) Where a direction under this subsection for an investigation is given, the investigating officer concerned may, for the purposes of the investigation, require a member (other than a member who is the spouse of the member concerned) to answer a question, furnish information, or produce a document or thing, relevant to the further investigation of the complaint concerned.

(d) It shall be the duty of a member to comply with a requirement of an investigating officer under paragraph (c) of this subsection, but the answer given, the information furnished, or the document or thing produced, in pursuance of the requirement shall not be admissible in evidence against the member or his spouse in any proceedings whatsoever other than proceedings against the member for or in relation to a breach of discipline.

(e) Non-compliance by a member with paragraph (d) of this subsection shall not be a breach of discipline unless the investigating officer concerned, when making the requirement concerned under paragraph (c) of this subsection, informs him in writing that he is acting in accordance with a direction under this subsection and brings the substance of paragraphs (c) and (d) to the notice of the member.

(f) If, in the course of a further investigation pursuant to a direction under this subsection—

(i) an investigating officer finds it necessary to question a member (other than the member against whom the complaint concerned is being made or a member who is the spouse of that member),

(ii) the member being questioned refuses to answer a question, furnish information, or produce a document or thing, relevant to the further investigation of the complaint concerned, and

(iii) it appears to the investigating officer that there is a possibility that the member being questioned may have committed an offence,

the investigating officer may, if the Director of Public Prosecutions has been consulted in relation to the matter and has decided that proceedings against the member being questioned for an offence should not be instituted, require the member, in pursuance of paragraph (c) of this subsection, to answer the question, furnish the information or produce the document or thing.

(g) Section 6 of this Act shall, with any necessary modifications, apply in relation to an investigation pursuant to a direction under this subsection and the Board, after consideration of the report or reports of that investigation submitted to it under that section and the relevant comments and recommendation so submitted to it, together with the relevant document or documents submitted to it under that section in relation to the original investigation of the complaint concerned, shall deal with the matter in accordance with subsections (3) to (8) of this section.

(h) References in this subsection to an investigating officer shall, in a case where the complaint concerned was investigated, or caused to be investigated, by the chief executive, include references to the chief executive or, as the case may be, to the person whom he caused to investigate the complaint.

8. — (1) (a) The Board shall from time to time appoint a tribunal to consider such matter or matters as may be referred to it by the Board under section 7 (5) of this Act during such period as may be specified by the Board at the time of the appointment.

(b) More than one tribunal may be appointed under paragraph (a) of this subsection in respect of the same period.

(2) The provisions of the Second Schedule to this Act shall have effect in relation to a tribunal.

9. — (1) Where a matter is referred to a tribunal under section 7 (5) of this Act—

(a) the chief executive shall determine the particular breach or breaches of discipline to be alleged against the member concerned before the tribunal,

(b) the chief executive shall notify each member of the tribunal of the breach or breaches of discipline aforesaid and the names and addresses of the witnesses whom he wishes to attend before the tribunal, and

(c) the tribunal shall hold an inquiry into the matter unless the conduct alleged in the complaint concerned, or conduct which is in substance the same, is admitted by the member concerned.

(2) It shall be the function of a tribunal to decide in relation to a matter referred to it as aforesaid—

(a) that the member concerned has not been in breach of discipline, or

(b) that such member has been in breach of discipline as alleged, or

(c) that the facts established constitute another breach of discipline:

Provided that a decision under paragraph (c) of this subsection shall not be made unless the tribunal is satisfied that the other breach concerned is less serious than the breach alleged (that is, that it is one which in the circumstances of the particular case merits disciplinary action of a less serious nature than that warranted by the breach alleged) and that such a decision would not be unfair to the member concerned having regard to the fact that the other breach concerned is not the breach that was alleged.

(3) Where a breach of discipline is admitted by a member or a member is found by a tribunal to be in breach of discipline, the tribunal shall decide whether disciplinary action should be taken against the member and, if it decides that disciplinary action should be so taken, shall decide which of the disciplinary actions specified in subsection (4) of this section should be so taken.

(4) The disciplinary actions, in relation to a member, referred to in subsection (3) of this section are—

(a) dismissal from the Garda Síochána,

(b) requirement to retire or resign from the Garda Síochána as an alternative to dismissal therefrom,

(c) reduction to such other rank in the Garda Síochána as the tribunal may determine,

(d) reduction in pay of such amount and for such period as the tribunal may determine,

(e) reprimand,

(f) caution.

(5) A reduction in pay under subsection (4) of this section shall not exceed in amount four weeks' pay and there shall not be deducted, in respect of any such reduction, from any payment to a member in respect of pay more than 10 per cent. of the amount of such payment.

(6) (a) A decision of a tribunal under subsection (3) of this section that a member above the rank of inspector should be dismissed from the Garda Síochána shall be communicated by the tribunal to the Minister and by him to the Government and shall also be communicated by the tribunal to the Commissioner.

(b) A decision of a tribunal under the said subsection (3) that a member not above the rank of inspector should be dismissed from the Garda Síochána or that any other disciplinary action should be taken against a member of any rank shall be communicated by the tribunal to the Commissioner.

(7) The Commissioner shall have power to implement decisions referred to in paragraph (b) of subsection (6) of this section and those decisions shall be implemented in accordance with their terms under the power aforesaid and decisions referred to in paragraph (a) of the said subsection (6) shall be implemented in accordance with their terms under section 7 (2) or 10 (4), as may be appropriate, of the Act of 1925.

10. —(1) There shall, by virtue of this section, be established a board, to be known as the Garda Síochána Complaints Appeal Board and in this Act referred to as the Appeal Board, to hear and decide appeals under section 11 of this Act.

(2) The provisions of the Third Schedule to this Act shall have effect in relation to the Appeal Board.

(3) This section and section 11 of this Act shall come into operation on such day as the Minister may by order appoint.

11. —(1) A member may appeal to the Appeal Board from a decision of a tribunal finding him to be in breach of discipline or a decision of a tribunal that disciplinary action should be taken against him or from both.

(2) The Appeal Board may—

(a) affirm or set aside a decision of a tribunal finding a member to be in breach of discipline or set aside such a decision and find that the member concerned was in breach of discipline otherwise than as found by the tribunal,

(b) if a member has appealed from a decision of a tribunal finding him to be in breach of discipline but has not appealed from a decision of the tribunal in relation to the same matter that specified disciplinary action should be taken against him, set aside the decision, and decide that any disciplinary action specified in section 9 (4) of this Act other than that specified in the decision of the tribunal should be taken against the member,

(c) in relation to an appeal by a member from a decision of a tribunal that specified disciplinary action should be taken against him, affirm or set aside the latter decision or set aside the decision and decide that any disciplinary action specified in section 9 (4) of this Act other than that specified in the opinion of the tribunal should be taken against the member,

(d) affirm a decision of a tribunal that disciplinary action should not be taken against a member or decide in any such case that any disciplinary action specified in the said section 9 (4) should be taken against a member.

(3) (a) A decision of the Appeal Board under subsection (2) of this section (whether affirming a decision of a tribunal or otherwise) that a member above the rank of inspector should be dismissed from the Garda Síochána shall be communicated by the Appeal Board to the Minister and by him to the Government and shall also be communicated by the Appeal Board to the Commissioner.

(b) A decision of the Appeal Board under the said subsection (2) (whether affirming a decision of a tribunal or otherwise) that a member not above the rank of inspector should be dismissed from the Garda Síochána or that any other disciplinary action should be taken against a member of any rank shall be communicated by the Appeal Board to the Commissioner.

(4) The Commissioner shall have power to implement decisions referred to in paragraph (b) of subsection (3) of this section and those decisions shall be implemented in accordance with their terms under the power aforesaid and decisions referred to in paragraph (a) of the said subsection (3) shall be implemented in accordance with their terms under section 7 (2) or 10 (4), as may be appropriate, of the Act of 1925.

12. —(1) A person shall not disclose confidential information obtained by him while performing functions as a member of the Board, a tribunal or the Appeal Board, or as a member of the staff of the Board, unless he is duly authorised to do so.

(2) In this section—

“confidential” means that which is expressed to be confidential either as regards particular information or as regards information of a particular class or description;

“duly authorised” means, in the case of a member of the Appeal Board, authorised by the Appeal Board and, in any other case, authorised by the Board.

(3) A person who contravenes subsection (1) of this section 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.

13. —(1) The Board shall, not later than six months after the end of each year, make a report to the Minister of its activities during that year and may include in the report information and comment in relation to any matters coming to its notice under this Act to which it considers that his attention should be drawn.

(2) The Board shall, at the request of the Minister, report to him on such general matters relating to its functions as the Minister may specify.

(3) The Board shall keep under review the working of the system of investigation and adjudication of complaints and shall make a report thereon to the Minister not later than three years after the establishment day, and at least once in every subsequent period of three years.

(4) The Minister shall cause a copy of every report received by him under this section to be laid before each House of the Oireachtas.

14. —(1) Where a member of the Board or the Appeal Board is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is regarded, pursuant to section 15 of the European Assembly Elections Act, 1977 , as having been elected to such Assembly to fill a vacancy, he shall thereupon cease to be a member of the Board or the Appeal Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified for becoming a member of the Board or the Appeal Board.

15. — (1) (a) This Act shall not apply in relation to conduct alleged in a complaint if, before the date on which the complaint is received—

(i) the Commissioner had appointed a member or members of the Garda Síochána to hold an inquiry under the Regulations into the conduct, or

(ii) a person had been nominated by the Minister under section 12 of the Dublin Police Act, 1924 , to hold an inquiry into the conduct.

(b) (i) The Commissioner may dismiss a member not above the rank of inspector in accordance with the Regulations notwithstanding that an admissible complaint has been made against the member and for this purpose the relevant provisions of the Regulations shall apply with any necessary modifications; and in any such case this Act shall not apply or, as the case may be, shall cease to apply in relation to the conduct alleged in the complaint.

(ii) Nothing in this Act shall affect—

(I) the power of the Commissioner under the Regulations to suspend from duty for a specified period; or

(II) the power of the Government under section 7 (2) or 10 (4) of the Act of 1925 in relation to removal from office or, as the case may be, dismissal or reduction in rank and, where the Government exercise such a power, this Act shall not apply or, as the case may be, shall cease to apply in relation to the conduct alleged in the complaint notwithstanding that an admissible complaint has been made against the member concerned.

(2) Where—

(a) conduct of a member is being or has been investigated under the Regulations,

(b) the Commissioner has not appointed a member or members of the Garda Síochána to hold an inquiry under the Regulations into the conduct, and

(c) a complaint is made in relation to the conduct,

the complaint shall be investigated under this Act and the investigation under the Regulations, and any statement made in connection therewith, shall be deemed to have been made under and for the purposes of this Act.

(3) Neither the Regulations nor the said section 12 shall apply in relation to conduct alleged in an admissible complaint if, before the date on which the complaint was made, a person had not been appointed under the Regulations or nominated under the said section 12, as the case may be, to hold an inquiry into the conduct.

(4) The said section 12 is hereby amended—

(a) in subsection (1), by the deletion of “for the Commissioner or for any other member of the Dublin Metropolitan Police not being of lower rank than Inspector nominated for that purpose by the Commissioner, or”, and

(b) in subsection (2), by the substitution of “a fine not exceeding £700 or to imprisonment for a term not exceeding six months or to both” for “a fine not exceeding twenty pounds or to imprisonment with or without hard labour for a period not exceeding three months”.

(5) The Regulations may provide that a person who is duly notified that he is required to attend at an inquiry being or to be held under the Regulations in relation to an alleged breach of discipline by a member and who neglects or refuses to attend at such inquiry or, in the case of a person other than the member aforesaid or his spouse, refuses to give evidence thereat 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.

(6) References in the preceding subsections of this section to the said section 12 are references to that section as adapted by section 18 of the Act of 1925.

(7) In this section “the Regulations” means any regulations under section 14 of the Act of 1925 in relation to discipline for the time being in force.

16. — The Criminal Justice Act, 1984 , is here by amended by the substitution, in section 1 (2), of “members (within the meaning of the Garda Síochána (Complaints) Act, 1986)” for “members of the Garda Síochána not above the rank of chief superintendent”.

17. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

18. —This Act may be cited as the Garda Síochána (Complaints) Act, 1986.