FAQ - FREQENTLY ASKED QUESTIONS

Q1.: Will the new system of investigating complaints be any different from the old system, under the Garda Síochána Complaints Board?

A.:The Garda Ombudsman will have its own, trained investigations staff, unlike the Garda Síochána Complaints Board which relied on Gardaí to investigate complaints against Gardaí.

Q2.: What powers will the Garda Ombudsman’s investigators have?

A.: They will have ‘all the powers and responsibilities, duties and privileges’ of a Garda when investigating complaints. These include powers to enter Garda stations, to question, search, arrest, detain, take bodily samples and seize evidence.

A.: The Garda Ombudsman will have the legal authority to do so. But in practice it will require the Gardaí to continue to investigate many less serious complaints themselves. However, the Garda Ombudsman may either ‘supervise’ or ‘manage’ a Garda investigation, obliging the Garda investigators to account to the Garda Ombudsman.

The Garda Ombudsman will also seek to resolve less serious complaints either by mediation or informal resolution.

A.: The Garda Ombudsman will be required by law itself to investigate any case of death or serious harm arising from any person having been in contact with the Gardaí. This would include any death in custody, or shortly after release from custody, or the death or serious injury of any person as a result of an incident involving a Garda vehicle.

The Garda Ombudsman envisages that it will investigate all incidents involving the discharge of firearms by Gardaí. It will investigate all cases of alleged serious criminality by Gardaí.

A.: These support services will be outsourced. In some cases, the Garda Ombudsman will require the Garda Commissioner to provide support services. In other cases, such services may be hired from the private sector or from abroad.

A.: The Director of Investigations is an experienced police investigator of senior rank from abroad. It will be open to persons with service in the Garda to apply for appointment to other positions on the Garda Ombudsman’s investigations staff. However, it is envisaged that the investigation personnel will be drawn from a range of backgrounds both in Ireland and abroad.

A.: Any member of the public who is directly affected by by the conduct of a member of the Garda Síochána that is alleged to constitute misbehavior can complain to the Garda Ombudsman. A member of the public can also make a complaint if they are witness to such behaviour.

A member of the public may also complain on someone's behalf with their consent.

A.: No. The Garda Ombudsman can only receive complaints from, or on behalf, of members of the public.

A.: The Garda Síochána Inspectorate is provided for in Sections 113/120 of the Garda Síochána Act 2005. Its objective is to “ensure that the resources available to the Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best standards of comparable police services.”

The Chief Inspector of the Garda Síochána Inspectorate is Ms Kathleen O’Toole, former Commissioner of Police in Boston, Mass., USA.

The Inspectorate does not have a role in investigating complaints against members of the Garda Síochána.

A.: The powers and responsibilities of the Garda Ombudsman are broadly similar to those of PONI and the equivalent body in England and Wales – the Independent Police Complaints Commission.

PONI has authority to investigate complaints against members of a number of other police services in Northern Ireland, such as the Harbour Police and the Military Police. The Garda Ombudsman has no equivalent power.

A.: No. The Commissioner of the Garda may object to the Garda Ombudsman having access or powers of search in relation to certain designated Garda stations or parts of those stations. In the event of such an objection, the Garda Ombudsman may refer the matter to the Minister for Justice, Equality and Law Reform.

A.: If the Garda Ombudsman has evidence of a crime, it will forward a file to the Director of Public Prosecutions who will decide whether or not to prosecute. If it has evidence of a disciplinary breach, it will make a recommendation to the Garda Commissioner.

A.: The Minister for Justice, Equality and Law Reform after consulting with the Garda Ombudsman, may request the Chief Justice to invite a Supreme Court or High Court judge to inquire into the conduct of any of the Garda Ombudsman’s officers.

The Garda Ombudsman is obliged to submit a number of reports to the Minister for Justice, Equality and Law Reform (including an annual report and audited accounts) and he must lay these before the Houses of the Oireachtas.

The Garda Ombudsman is also obliged to report, as required, to the Public Accounts Committee, and certain other Committees of the Oireachtas.

A.: The Act provides that a complaint may be made direct to the Garda Ombudsman, at a Garda station, to the Garda Commissioner or to any member of the Garda Síochána at the rank of Chief Superintendent or above.

The Garda Ombudsman will receive complaints through a personal visit to their public office at 150 Abbey Street Upper, in writing, by fax or by post, by telephone or through their website.

A.: The Act provides that any issue will be determined by majority voting. The quorum for a meeting of the Commission is two of its members.

GSOC - Garda Ombudsman Headquartes