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Breach of discipline by seconded member of Garda Síochána.
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5.—(1) A member of the Garda Síochána who, while on secondment to the Police Service of Northern Ireland, does any act which, if done by a member of that Service, would constitute a breach of discipline is liable, on the expiration or termination of the period of secondment, to disciplinary action by the Commissioner or the Government, as appropriate, in respect of the breach.
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(2) Disciplinary action under subsection (1) may be based on—
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(a) a finding, under the law and procedure for the time being applicable in relation to the investigation of breaches of discipline by members of the Police Service of Northern Ireland, that the member of the Garda Síochána concerned is in breach of discipline.
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(b) a decision on any appeal against, or review of, the finding,
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(c) any relevant court proceedings, and
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(d) any related documents.
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(3) Before taking any such disciplinary action the Commissioner or Government shall—
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(a) send a copy of the findings to the member, and
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(b) give the member an opportunity, within a specified period, to show cause why the action should not be taken against him or her.
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(4) Within 21 days of—
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(a) receiving the decision of the Commissioner on the cause shown, or
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(b) if cause is not shown before the expiration of the specified period, the expiration of that period,
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the member may apply to the Appeal Board for a review of the disciplinary action concerned.
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(5) The Appeal Board shall recommend to the Commissioner that the disciplinary action be affirmed, varied or set aside.
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(6) The procedure under the Disciplinary Regulations for making and dealing with applications to the Appeal Board for review of decisions of the Commissioner in relation to disciplinary action shall apply, with the necessary modifications, in relation to applications for review under this section.
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(7) Subject to subsection (6), the Disciplinary Regulations do not apply in respect of a breach of discipline referred to in subsection (1).
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(8) In any proceedings a document purporting to be—
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(a) a finding or decision mentioned in subsection (2) shall be evidence, until the contrary is shown, of the finding or decision, or
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(b) a report of court proceedings, or a related document, mentioned in that subsection shall be evidence, until the contrary is shown, of the matters referred to in the report or that document.
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(9) In this section—
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“Appeal Board” has the meaning given to it in the Disciplinary Regulations;
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“disciplinary action” means one of the following actions:
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(a) dismissal;
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(b) requirement to retire or resign as an alternative to dismissal;
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(c) reduction in rank;
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(d) reduction in pay not exceeding in amount 4 weeks' pay;
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(e) reprimand;
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(f) warning;
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(g) caution;
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(h) advice.
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(10) A member of the Garda Síochána to whom subsection (1) applies shall, whether or not the period of secondment has expired or been terminated, co-operate with any investigation referred to in subsection (2)(a) into the alleged breach of discipline as if he or she were a member of the Police Service of Northern Ireland, and any failure or refusal to do so shall constitute a breach of discipline within the meaning of the Disciplinary Regulations.
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