Garda Síochána (Confidential Reporting of Corruption Or Malpractice) Regulations 2007

• Jurisdiction: Ireland
• Citation: IR SI 168/2007

S.I. No. 168 of 2007

GARDA SÍOCHÁNA (CONFIDENTIAL REPORTING OF CORRUPTION OR MALPRACTICE) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th April, 2007.

I, MICHAEL MCDOWELL, Minister for Justice, Equality and Law Reform, having consulted the Commissioner of the Garda Síochána, the Garda Síochána Ombudsman Commission and the Garda Síochána Inspectorate and with the approval of the Government, hereby, in exercise of the powers conferred on me by section 124 of the Garda Síochána Act 2005 (No. 20 of 2005), make the following regulations:

Preliminary

1. These regulations may be cited as the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007.

2. These regulations come into operation on 30th April 2007.

Definitions

3. In these regulations—

“Act” means the Garda Síochána Act 2005;

“charter” means a charter established under Regulation 4;

“civilian” means a member of the civilian staff of the Garda Síochána;

“Commissioner” means—

(a) the Commissioner of the Garda Síochána, or

(b) a deputy commissioner, or an assistant commissioner, authorised by the Minister under section 32 of the Act to perform the functions of the Commissioner;

“confidential recipient” means a person appointed under Regulation 6 to receive confidential reports;

“confidential report” means a report made in accordance with Regulation 5;

“confidential reporter” means a member or civilian who makes a confidential report;

“member” means—

(a) a member of the Garda Síochána, or

(b) a member of the Police Service of Northern Ireland appointed to a rank in the Garda Síochána under section 52 or 53 of the Act.

Establishment of charter

4. (1) The Commissioner shall, after consulting the Garda Síochána Ombudsman Commission and Garda Síochána Inspectorate and with the approval of the Minister, establish a charter containing the guidelines and mechanisms, provided in Regulations 5 to 9 of these regulations, to enable members or civilians to report in confidence allegations of corruption or malpractice within the Garda Síochána.

(2) The Commissioner may include in the charter supplementary, incidental or consequential provisions, including provisions relating to procedures for facilitating the confidential reporting of such allegations, for the purpose of enabling the charter to have full effect.

(3) Nothing in these regulations prevents the Commissioner from making provision otherwise than in the charter in relation to non-confidential allegations of any such corruption or malpractice.

Confidential report

5. (1) A member or civilian who has reasonable grounds for believing that a member of the Garda Síochána or civilian is engaged, has been engaged or is about to engage in corruption or malpractice may report in confidence to a confidential recipient any information that he or she has concerning the corruption or malpractice.

(2) A confidential report must be made in good faith for the purpose of exposing the alleged corruption or malpractice.

(3) The confidential reporter shall disclose to the confidential recipient any document, record or information in his or her possession or control which relates to the alleged corruption or malpractice.

(4) Information disclosed under paragraph (3) shall be in such form as the confidential recipient may require.

(5) When making a confidential report, the confidential reporter shall indicate that it is being made under the charter.

(6) Confidential reports may not be made anonymously.

Confidential recipients

6. (1) The Minister shall, after consultation with the Commissioner, the Ombudsman Commission, the Garda Síochána Inspectorate, the Garda Síochána representative associations and the trade unions or staff associations recognised as representing civilians, appoint a person or persons as a confidential recipient or recipients.

(2) A person so appointed shall be a judge, former judge, barrister or solicitor or a serving or former senior civil or public servant.

(3) Such a person shall be appointed for a period of 3 years and may be reappointed.

(4) Any such appointment is subject to such terms and conditions as the Minister may determine with the consent of the Minister for Finance.

(5) A confidential recipient may be assisted in the performance of his or her functions by members of his or her staff who are civil servants.

(6) Such members may receive confidential reports and, at the direction of the confidential recipient, pass them to other persons or bodies in accordance with these regulations.

(7) In doing so, they shall take all practicable steps to ensure that the identity of the...