Garda Síochána Act 2005

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Steps to be taken before removal of office holder.

12.— (1) Before considering a person’s removal from office under section 11 , the Government, shall—

(a) notify the person that the Government intends to consider the matter and include in the notice a statement of their reasons for doing so, and

(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

(2) The Government may, if they consider it necessary or appropriate to do so, appoint a person to—

(a) hold an inquiry into any matter giving rise to a notification under subsection (1), and

(b) report to the Government on the findings of the inquiry.

(3) A person appointed under this section to hold an inquiry may do one or more of the following:

(a) direct a person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person’s power or control;

(c) summon witnesses to attend the inquiry;

(d) direct a witness to answer a question put to him or her at the inquiry;

(e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

(4) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (3), the High Court may, on application by the person appointed under this section—

(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

(b) make such other (if any) order as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.

(5) A person who—

(a) is notified under subsection (3) and who, without lawful excuse, refuses or fails to comply with a direction under subsection (3)(a) or (b),

(b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (3)(c),

(c) refuses to answer a question that the person conducting the inquiry may legally direct him or her to answer, or

(d) does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 6 months or both.

(6) If an inquiry is held, the Government shall—

(a) consider the report on the findings of the inquiry,

(b) make a copy of the report available to the person whose removal from office is the subject of the report, and

(c) give that person an opportunity to make representations relating to the report.

(7) As soon as practicable after a person is removed from office under section 11 , the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.