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Examination of certain practices, policies and procedures of Garda Síochána
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10. The Principal Act is amended by the substitution of the following section for section 106:
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“106. (1) For the purpose of preventing complaints arising in relation to a practice, policy or procedure of the Garda Síochána or of reducing the incidence of such complaints—
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(a) the Ombudsman Commission may, if it considers it appropriate to do so, or
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(b) the Commission shall, if so requested by the Minister within such period as he or she may specify in the request,
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examine the practice, policy or procedure.
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(2) The Ombudsman Commission shall, before an examination of a practice, policy or procedure under subsection (1), inform the Garda Commissioner in writing of—
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(a) if appropriate, the nature of a request from the Minister under subsection (1)(b),
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(b) the specific practice, policy or procedure to be examined under subsection (1), and
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(c) the reasons for the examination.
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(3) The Ombudsman Commission shall—
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(a) report to the Minister as soon as practicable or, if appropriate, within such period as the Minister specifies in his or her request under subsection (1)(b) on the results of the examination,
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(b) include in the report any recommendations of the Commission for achieving the purpose referred to in subsection (1) in relation to the practice, policy or procedure examined, and
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(c) provide the Garda Commissioner with a copy of the report.
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(4) Subject to subsection (5), the Minister shall cause copies of any reports received by him or her under subsection (3) to be laid before the Houses of the Oireachtas.
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(5) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas under subsection (4) any matter which, in his or her opinion—
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(a) would be prejudicial to the interests of national security, or
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(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.”.
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