Garda Síochána (Complaints) Act, 1986

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Reference of complaints to tribunals and disciplinary action.

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.