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Suspension from duty of Garda Commissioner or Deputy Garda Commissioner
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30. (1) Subject to this section, the Minister may suspend from duty a person who holds the office of Garda Commissioner or Deputy Garda Commissioner where—
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(a) the person is the subject of an investigation into allegations that he or she may have—
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(i) committed an offence, or
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(ii) behaved in a manner that would constitute serious misconduct,
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and
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(b) the Minister is satisfied that, in the circumstances, the suspension of the person from duty is in the public interest.
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(2) Without prejudice to subsection (1), the Board may recommend to the Minister the suspension from duty of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner where—
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(a) subsection (1)(a) applies to the person, and
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(b) it is of the opinion that the suspension of the person from duty is in the public interest.
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(3) The Minister shall consider any recommendation made to him or her by the Board under subsection (2).
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(4) The Minister shall, prior to suspending a person from duty under subsection (1)—
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(a) notify the person in writing that the Minister is proposing to suspend the person from duty, and include in the notification a statement of his or her reasons for so proposing,
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(b) provide the person with an opportunity to make submissions regarding the proposed suspension of that person from duty,
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(c) consider any such submissions made by, or on behalf of, the person, and
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(d) consult with the Board.
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(5) The Minister may terminate the suspension from duty of a person under subsection (1) where he or she is satisfied that paragraph (a) or (b) of that subsection no longer apply in respect of the person, having consulted in that regard with the Board.
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