Five year legislative review

What is the current position?

Under the current legislation there is no specific offence for any individual – whether a police officer, member of police staff or a member of the public – who knowingly provides false or misleading information to the Ombudsman in connection with a complaint or investigation. 

What we propose

We propose that the legislation is amended to create a specific criminal offence whereby any person who, in relation to a complaint or investigation, knowingly provides false or misleading information, would be guilty of an offence.

In addition, where the alleged offender is a member of the public or civilian police staff, the Ombudsman should have the statutory authority to investigate the offence. Where the alleged offender is a police officer, the matter would fall within the Ombudsman’s existing remit.

We also propose that a power similar to section 58 of the 1998 Act is introduced to allow the Police Ombudsman to make a recommendation in respect of any prospective criminal proceedings relating to this new offence to the PPS.

Why is it important?

The integrity of the Ombudsman’s investigations depends on the accuracy and honesty of the information provided by all parties involved.

Where false or misleading information is provided, whether intentionally or recklessly, it can undermine investigations, delay justice and damage public confidence in the police oversight system.

Creating a statutory offence would act as a deterrent against attempts to obstruct or mislead the Ombudsman and promote accountability for all participants in the complaints process.

Providing the Ombudsman with the remit to investigate this offence where the suspected offender is a member of the public or police civilian staff is important for reasons of consistency and efficiency. Under the current scheme, any such allegation relating to a member of the public or police civilian staff member would have to be referred to PSD for investigation. The proposed approach would, in addition to avoiding duplication of work and reducing costs, ensure that such offences are investigated in an independent, coherent and transparent manner.

The Police Ombudsman also seeks a power similar to section 58 of the 1998 Act to make a recommendation in respect of any prospective criminal proceedings relating to this new offence to the PPS.

The introduction of this offence, and the associated extension of the Ombudsman’s remit, would bring the Ombudsman’s powers and protections in line with Fiosrú. Office of the Police Ombudsman in Ireland.