S.I. No. 11/2022 - Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 2) (Amendment) Order 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th January, 2022.

WHEREAS, in accordance with section 42 (amended by section 35 of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (No. 49 of 2015)) of the Garda Síochána Act 2005 (No. 20 of 2005), and by the Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 2) Order 2017 ( S.I. No. 197 of 2017 ) (“the Order of 2017”), the Minister for Justice appointed a person to inquire into the matter, being a matter of public concern, specified in Article 2 of the Order of 2017;

WHEREAS the person so appointed is unable to continue the inquiry to which the Order of 2017 relates;

WHEREAS I, HELEN MCENTEE, Minister for Justice, consider that, in order that the inquiry to which the Order of 2017 relates be brought to a conclusion, it is necessary to appoint another person to continue and conclude the inquiry;

AND WHEREAS I am of the opinion that the person specified in Article 3 of the following Order has appropriate experience, qualifications, training and expertise for the purposes of the said section 42 to conduct the inquiry into the said matter of public concern to which the Order of 2017 relates:

NOW, I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 42 (amended by section 35 of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (No. 49 of 2015)) of the Garda Síochána Act 2005 (No. 20 of 2005) (adapted by Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )), hereby order as follows:

1. This Order may be cited as the Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 2) (Amendment) Order 2022.

2. In this Order -

“inquiry” means the inquiry referred to in Article 2 of the Order of 2017;

“Order of 2017” means the Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 2) Order 2017 ( S.I. No. 197 of 2017 ).

3. Judge Michael Coghlan, retired judge of the District Court, is hereby appointed to -

(a) continue the inquiry, and

(b) make a report to the Minister on the conclusion of the inquiry.

4. The terms of reference of the inquiry are those specified in the Schedule to the Order of 2017.

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GIVEN under my Official Seal,

11 January, 2022.

HELEN MCENTEE,

Minister for Justice.