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Policing, Security and Community Safety Act 2024

In short

This law establishes a new framework for policing, security, and community safety in Ireland, including the structure and functions of An Garda Síochána, and introduces a new Authority to oversee policing services.

What it regulates

Who it concerns

Key points

Legal text

Policing, Security and Community Safety Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Policing, Security and Community Safety Act 2024 Policing, Security and Community Safety Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 1 of 2024 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation (General) 3. Security services 4. Policing principles 5. Repeals 6. Expenses PART 2 An Garda Síochána Chapter 1 Preliminary and General (Part 2) 7. Definitions (Part 2) 8. Continuation of An Garda Síochána 9. Function of An Garda Síochána 10. Prosecution of offences by members of An Garda Síochána Chapter 2 Board 11. Establishment of Board 12. Functions of Board 13. Provision of information to Board by Garda Commissioner 14. Accountability of Board to Minister 15. Membership of Board 16. Recommendations for appointment as members of Board 17. Terms of appointment and conditions of office of members of Board 18. Ineligibility for appointment, disqualification from office of member of Board, committee of Board or audit committee, cessation of membership, etc. 19. Removal of member of Board 20. Removal of all members of Board 21. Establishment of committees of Board 22. Meetings and procedures of Board 23. Secretary to Board 24. Functions of Secretary to Board 25. Secretariat, premises and staff of Board Chapter 3 Garda Commissioner and Deputy Garda Commissioner 26. Appointment of Garda Commissioner 27. Appointment of Deputy Garda Commissioner 28. Power of Deputy Garda Commissioner to perform functions of Garda Commissioner 29. Resignation of Garda Commissioner or Deputy Garda Commissioner 30. Suspension from duty of Garda Commissioner or Deputy Garda Commissioner 31. Removal from office of Garda Commissioner or Deputy Garda Commissioner 32. Inquiry under section 31

(3)(a) Chapter 4 Functions and duties of Garda Commissioner
  1. Functions of Garda Commissioner
  2. Independence and accountability of Garda Commissioner
  3. Duty of Garda Commissioner to account to Government and Minister and to provide material to Attorney General
  4. Duty of Garda Commissioner to provide information to Minister
  5. Directives from Minister
  6. Provision of material to State Claims Agency
  7. Delegation of functions of Garda Commissioner
  8. Powers of Garda Commissioner relating to contracts, bank accounts, etc.
  9. Power of Garda Commissioner to appoint consultants and advisers
  10. Arrangements for obtaining views of public
  11. Provision of services for certain events, etc. Chapter 5 Garda personnel
  12. Garda personnel
  13. Ranks, numbers in each rank, terms and conditions
  14. Solemn declaration
  15. Appointment of persons to rank of Assistant Garda Commissioner or chief superintendent
  16. Suspension from duty, removal from office, of Assistant Garda Commissioner or chief superintendent
  17. Inquiry under section 48
(3)(a)
  1. Appointment of persons to, suspension of persons from, ranks below rank of chief superintendent
  2. Dismissal for reasons of public confidence of members below the rank of chief superintendent
  3. Powers of persons appointed to rank of reserve garda
  4. Admission of trainees
  5. Appointment of members of garda staff
  6. Superannuation (Part 2)
  7. Direction and control of An Garda Síochána
  8. Duty of members of garda personnel to account
  9. Undertaking by members of garda staff
  10. Representative associations
  11. Proof of membership, rank or grade in An Garda Síochána Chapter 6 Governance and accountability of An Garda Síochána
  12. Setting of priorities by Authority for policing services
  13. Determination of priorities by Minister for security services
  14. Strategic plan
  15. Publication and implementation of strategic plan
  16. Annual service plan
  17. Amendment of annual service plan following approval under section 65
  18. Implementation of annual service plan
  19. Capital plan
  20. Publication and implementation of capital plan
  21. Annual report
  22. Governance framework for An Garda Síochána
  23. Accountability of Garda Commissioner for accounts of An Garda Síochána
  24. Attendance of Garda Commissioner before other Oireachtas committees
  25. Audit committee
  26. Functions of audit committee
  27. Provisions supplementary to section 75
  28. Statistical information Chapter 7 Codes of ethics, standards of integrity, unauthorised disclosure of information
  29. Code of ethics for members of garda personnel
  30. Standards of integrity, codes of ethics for members of Board or committee, advisers or consultants, etc.
  31. Confidentiality of certain information (Part 2) Chapter 8 Special inquiries relating to administration, operation, practice or procedure of An Garda Síochána or conduct of members of garda personnel
  32. Interpretation (Part 2) (Chapter 8)
  33. Special inquiries relating to administration, operation, practice or procedure of An Garda Síochána or conduct of members of garda personnel
  34. Terms of reference of special inquiries
  35. Timeframe of special inquiries
  36. Powers of appointed person
  37. Conduct of special inquiries
  38. Rules and procedures of special inquiries
  39. Reports of special inquiries
  40. Appointment of replacement appointed person
  41. Transitional provisions relating to special inquiries under Act of 2005 Chapter 9 International service and cooperation with police services, law enforcement agencies or other relevant person outside State
  42. Interpretation (Part 2) (Chapter 9)
  43. International service
  44. Power to enter into agreements with other law enforcement agencies, relevant persons or bodies outside State
  45. Secondment from Police Service of Northern Ireland to certain ranks of An Garda Síochána
  46. Secondment from An Garda Síochána to Police Service of Northern Ireland
  47. Breach of standards of professional behaviour by seconded members of An Garda Síochána
  48. Breach of standards of professional behaviour by seconded members of Police Service of Northern Ireland Chapter 10 Offences of causing disaffection, impersonation
  49. Causing disaffection
  50. Offence of impersonating member of An Garda Síochána
  51. Other offences relating to impersonation Chapter 11 Miscellaneous (Part 2)
  52. Liability for certain acts of members of An Garda Síochána
  53. Legal aid for members of An Garda Síochána PART 3 Community Safety
  54. Definitions (Part 3)
  55. Designation of public service body
  56. Designation of committee of Government
  57. National strategy for improving community safety
  58. Steering Group
  59. National Office
  60. Director of National Office
  61. Attendance of Director before Oireachtas committees
  62. Staff of National Office
  63. Superannuation (Part 3)
  64. Provision of services to National Office
  65. Regulations concerning safety partnerships
  66. Regulations concerning area-based neighbourhood community safety fora
  67. Functions of safety partnerships
  68. Staffing of safety partnerships
  69. Duties of public service bodies PART 4 Authority Chapter 1 Definitions (Part 4)
  70. Definitions (Part 4) Chapter 2 Authority
  71. Establishment day of Authority
  72. Establishment of Authority
  73. Objective, functions and powers of Authority
  74. Membership of Authority
  75. Recommendations for appointment of ordinary members of Authority
  76. Terms of appointment and conditions of office of members of Authority
  77. Ineligibility for appointment, disqualification from office of member of Authority or committee of Authority, cessation of membership, etc.
  78. Removal of member of Authority
  79. Committees of Authority
  80. Appointment of chief executive of Authority
  81. Meetings and business of Authority
  82. Staff of Authority
  83. Power of Authority to enter into contracts and engage consultants, advisers and police officers
  84. Duty of Garda Commissioner to facilitate performance by Authority of its functions
  85. Duty of Director to assist Authority
  86. Application of Freedom of Information Act 2014 to Authority Chapter 3 Governance and accountability of Authority
  87. Governance framework for Authority
  88. Strategy statement for Authority
  89. Annual and other reports to Minister
  90. Standards of integrity, codes of ethics for members of Authority or committee of Authority, advisors or consultants, etc.
  91. Accountability for accounts of Authority
  92. Attendance of chief executive of Authority before other Oireachtas committees Chapter 4 Inspections by Authority
  93. Inspectors of policing services
  94. Inspections by Authority
  95. Prescribed inspection body
  96. Joint Inspections
  97. Inspection plan
  98. Powers of inspector of policing services
  99. Memorandum of understanding
  100. Reports of inspections undertaken on Authority’s initiative
  101. Reports of inspections undertaken at request of Minister
  102. Monitoring and assessment of measures in relation to recommendations in inspection reports Chapter 5 Unauthorised disclosure of information
  103. Confidentiality of information connected with inspection
  104. Confidentiality of certain information (Part 4) Chapter 6 Dissolution of Policing Authority
  105. Dissolution of Policing Authority
  106. Transfer of staff of Policing Authority
  107. Transfer of property of Policing Authority
  108. Transfer of rights and liabilities, and continuation of leases, licenses and permissions granted by Policing Authority
  109. Preservation of contracts made by Policing Authority
  110. Records of Policing Authority
  111. Transitional provisions relating to Policing Authority
  112. Liability for loss on part of Policing Authority occurring before establishment day of Authority
  113. Final accounts and final annual report of Policing Authority Chapter 7 Dissolution of Garda Síochána Inspectorate
  114. Dissolution of Garda Síochána Inspectorate
  115. Transfer of member of Garda Síochána Inspectorate
  116. Preservation of contracts made by Garda Síochána Inspectorate
  117. Records of Garda Síochána Inspectorate
  118. Transitional provisions relating to Garda Síochána Inspectorate
  119. Liability for loss on part of Garda Síochána Inspectorate occurring before establishment day of Authority PART 5 Police Ombudsman Chapter 1 Preliminary and General (Part 5)
  120. Definition (Part 5)
  121. Continuation of Garda Síochána Ombudsman Commission as Fiosrú - Oifig an Ombudsman Póilíneachta Chapter 2 Appointment and functions of Police Ombudsman
  122. Appointment of Police Ombudsman and Deputy Police Ombudsman
  123. Disapplication in exceptional circumstances of section 171
(4)
  1. Objectives, functions and powers of Police Ombudsman
  2. Terms of appointment and conditions of office of Police Ombudsman and Deputy Police Ombudsman
  3. Power of Deputy Police Ombudsman to perform functions of Police Ombudsman
  4. Officers of Police Ombudsman
  5. Designated officers and senior designated officers
  6. Appointment of chief executive officer of Police Ombudsman
  7. Delegation of functions of Police Ombudsman
  8. Power of Police Ombudsman to engage consultants and advisers and to enter into contracts
  9. Special assistance
  10. Power of Police Ombudsman to enter into agreements with law enforcement agencies or other relevant persons or bodies outside State Chapter 3 Governance and accountability of Police Ombudsman
  11. Governance framework of Office of Police Ombudsman
  12. Strategy statement of Office of Police Ombudsman
  13. Annual reports and special reports by Police Ombudsman
  14. Standards of integrity, codes of ethics for Police Ombudsman, Deputy Police Ombudsman, officers of the Police Ombudsman, advisers or consultants, etc.
  15. Accountability for accounts of Office of Police Ombudsman
  16. Attendance of relevant person before other Oireachtas committees
  17. Immunity and indemnification Chapter 4 Miscellaneous (Part 5)
  18. Qualified privilege for certain statements and publications
  19. Confidentiality of information obtained by Police Ombudsman
  20. Final accounts and final annual report of Garda Síochána Ombudsman Commission PART 6 Complaints, Investigations and Other Matters Chapter 1 Preliminary and General (Part 6)
  21. Interpretation (Part 6)
  22. Application of Part Chapter 2 Complaints, investigations and other matters
  23. Complaints by members of public
  24. Making, recording of complaints, etc.
  25. Time limits for making complaints
  26. Determination of admissibility of complaints
  27. Admissible complaints
  28. Categories of complaints suitable for resolution by An Garda Síochána
  29. Establishment of arrangements for handling complaints suitable for resolution by An Garda Síochána
  30. Application of arrangements for handling complaints suitable for resolution by An Garda Síochána
  31. Matter concerning death of, or serious harm to, a person
  32. Notification to Police Ombudsman of incident of concern
  33. Investigation of matters in public interest
  34. Protected disclosures relating to An Garda Síochána
  35. Investigation of matters relating to Garda Commissioner by Police Ombudsman
  36. Investigations
  37. Powers equivalent to member of An Garda Síochána when undertaking investigation
  38. Search of Garda Síochána premises
  39. Additional powers for purpose of undertaking investigations
  40. Privileged legal material
  41. Power to discontinue investigation
  42. Referral by Police Ombudsman to Director of Public Prosecutions
  43. Other referrals by Police Ombudsman following investigation
  44. Duty to keep certain persons informed
  45. Provision of information and documents to Police Ombudsman by Garda Commissioner
  46. Performance of functions by designated officers of Police Ombudsman under Coroners Acts 1962 to 2020 Chapter 3 Miscellaneous (Part 6)
  47. Duty to preserve evidence
  48. Duty of members of garda personnel to account to designated officer
  49. Extension of time limit for instituting summary proceedings for offences
  50. Same act or omission may form basis for complaint or charge
  51. Protocols
  52. Review by Police Ombudsman
  53. Judicial inquiry into conduct of Police Ombudsman, Deputy Police Ombudsman and policies, practices or procedures of Office of Police Ombudsman
  54. Offence of providing false or misleading information
  55. Jurisdiction to investigate offences under Part
  56. Transitional provisions relating to complaints, investigations and other matters under Act of 2005 PART 7 Independent Examiner of Security Legislation Chapter 1 Preliminary and General (Part 7)
  57. Definitions (Part 7)
  58. Specification of security legislation Chapter 2 Establishment of office
  59. Establishment day of office
  60. Establishment of office Chapter 3 Independent Examiner
  61. Appointment of Independent Examiner
  62. Objectives, functions and powers of Independent Examiner
  63. Terms and conditions of appointment of Independent Examiner
  64. Power of Taoiseach to designate person to perform functions of Independent Examiner
  65. Ineligibility for appointment and disqualification from office of Independent Examiner
  66. Resignation of Independent Examiner
  67. Removal of Independent Examiner
  68. Provision of services and staff to Independent Examiner
  69. Power of Independent Examiner to appoint consultants and advisers and enter into contracts
  70. Additional powers of Independent Examiner
  71. Reviews and recommendations by Independent Examiner Chapter 4 Reporting
  72. Annual report of Independent Examiner
  73. Special reports of Independent Examiner
  74. Report on effectiveness of office and functions by Independent Examiner
  75. Publication of reports by Independent Examiner
  76. Response by Taoiseach to reports of Independent Examiner
  77. Sensitive information Chapter 5 Information
  78. Confidentiality of sensitive information (Part 7)
  79. Security of information PART 8 Regulations
  80. Regulations and orders
  81. General power to make regulations
  82. Regulations relating to management of An Garda Síochána
  83. Regulations relating to establishment, maintenance and operation of regime of testing for controlled drugs and psychoactive substances
  84. Performance Regulations
  85. Conduct Regulations
  86. Regulations relating to standards of professional behaviour
  87. Regulations relating to fees for provision of vetting services
  88. Regulations relating to matters concerning security of State
  89. Continuation of certain regulations and orders PART 9 Miscellaneous
  90. Dissolution of Garda Síochána Reward Fund
  91. Exercise of special powers by security officers
  92. Sharing of information for performance of functions PART 10 Amendments of Other Acts of the Oireachtas
  93. Amendment of Fisheries (Consolidation) Act 1959
  94. Amendment of Coroners Act 1962
  95. Amendment of Second Schedule to Ombudsman Act 1980
  96. Amendment of section 98 of Postal and Telecommunications Services Act 1983
  97. Amendment of Criminal Justice Act 1984
  98. Amendment of Schedule to National Archives Act 1986
  99. Amendment of Industrial Relations Act 1990
  100. Amendment of Second Schedule to Electoral Act 1992
  101. Amendment of section 18A of Comptroller and Auditor General (Amendment) Act 1993
  102. Amendment of Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993
  103. Amendment of Schedule 13 to Taxes Consolidation Act 1997
  104. Amendment of section 257C of Children Act 2001
  105. Amendment of section 4 of Public Service Superannuation (Miscellaneous Provisions) Act 2004
  106. Amendment of section 46 of Disability Act 2005
  107. Amendment of section 38 of Act of 2005
  108. Amendment of section 95A of Criminal Justice (Mutual Assistance) Act 2008
  109. Amendment of Criminal Justice (Surveillance) Act 2009
  110. Amendment of section 35 of Housing (Miscellaneous Provisions) Act 2009
  111. Amendment of section 40A of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
  112. Amendment of section 81 of Road Traffic Act 2010
  113. Amendment of Communications (Retention of Data) Act 2011
  114. Amendment of section 26 of Welfare of Greyhounds Act 2011
  115. Amendment of section 6 of Europol Act 2012
  116. Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012
  117. Amendment of section 55 of Animal Health and Welfare Act 2013
  118. Amendment of section 9 of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013
  119. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
  120. Amendment of Freedom of Information Act 2014
  121. Amendment of Schedule 2 to Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
  122. Amendment of section 7 of Criminal Justice (Offences Relating to Information Systems) Act 2017
  123. Amendment of Schedule 1 to National Shared Services Office Act 2017
  124. Amendment of Criminal Justice (Victims of Crime) Act 2017
  125. Amendment of Criminal Justice (Corruption Offences) Act 2018
  126. Amendment of section 3 of Criminal Justice (International Co-operation) Act 2019
  127. Amendment of section 2 of Criminal Records (Exchange of Information) Act 2019
  128. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022
  129. Amendment of Garda Síochána (Compensation) Act 2022
  130. Amendment of Garda Síochána (Recording Devices) Act 2023 SCHEDULE 1 Repeals SCHEDULE 2 Solemn Declaration by Members SCHEDULE 3 Terms and Conditions of Civilian Staff who BecomeGarda Staff SCHEDULE 4 PART 1 Agreement Between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-Operation, done at Belfast on 29 April 2002 PART 2 Amendment to the Agreement Between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Cooperation SCHEDULE 5 Appointment as Police Ombudsman or Deputy Police Ombudsman of Person Holding Judicial Office SCHEDULE 6 Appointment as Independent Examiner of Person Holding Judicial Office SCHEDULE 7 Regulations and Orders Made Under or Continued Under an Enactment Repealed by Section 5 which are not to be Continued in Force Under this Act Acts Referred to Adoptive Leave Acts 1995 and 2005 Animal Health and Welfare Act 2013 (No. 15) Carer’s Leave Act 2001 (No. 19) Children Act 2001 (No. 24) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Civil Service Regulation Acts 1956 to 2005 Commissions of Investigation Act 2004 (No. 23) Communications (Retention of Data) Act 2011 (No. 3) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Comptroller and Auditor General Acts 1866 to 1998 Coroners Act 1962 (No. 9) Coroners Acts 1962 to 2020 Courts (Supplemental Provisions) Act 1961 (No. 39) Courts of Justice Act 1947 (No. 20) Criminal Justice (Corruption Offences) Act 2018 (No. 9) Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) Criminal Justice (International Co-operation) Act 2019 (No. 27) Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20) Criminal Justice (Legal Aid) Act 1962 (No. 12) Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6) Criminal Justice (Mutual Assistance) Act 2008 (No. 7) Criminal Justice (Offences Relating to Information Systems) Act 2017 (No. 11) Criminal Justice (Psychoactive Substances) Act 2010 (No. 22) Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4) Criminal Justice (Surveillance) Act 2009 (No. 19) Criminal Justice (Terrorist Offences) Act 2005 (No. 2) Criminal Justice (Victims of Crime) Act 2017 (No. 28) Criminal Justice Act 1984 (No. 22) Criminal Justice Act 2007 (No. 29) Criminal Law Act 1976 (No. 32) Criminal Law Act 1997 (No. 14) Criminal Procedure Act 1967 (No. 12) Criminal Records (Exchange of Information) Act 2019 (No. 51) Data Protection Act 1988 (No. 25) Data Protection Act 2018 (No. 7) Data Protection Acts 1988 to 2018 Disability Act 2005 (No. 14) Education and Training Boards Act 2013 (No. 11) Electoral Act 1992 (No. 23) Ethics in Public Office Act 1995 (No. 22) Ethics in Public Office Acts 1995 and 2001 European Parliament Elections Act 1997 (No. 2) Europol Act 2012 (No. 53) Fisheries (Consolidation) Act 1959 (No. 14) Freedom of Information Act 2014 (No. 30) Gaeltacht Act 2012 (No. 34) Garda Síochána (Compensation) Act 2022 (No. 33) Garda Síochána (Functions and Operational Areas) Act 2022 (No. 7) Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (No. 49) Garda Síochána (Recording Devices) Act 2023 (No. 32) Garda Síochána Act 1924 (No. 25) Garda Síochána Act 2005 (No. 20) Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33) Housing (Miscellaneous Provisions) Act 2009 (No. 22) Industrial Relations Act 1990 (No. 19) Inland Fisheries Act 2010 (No. 10) Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 (No. 10) Interpretation Act 2005 (No. 23) Irish Human Rights and Equality Commission Act 2014 (No. 25) Law Reform Commission Act 1975 (No. 3) Legal Services Regulation Act 2015 (No. 65) Local Government Act 2001 (No. 37) Maternity Protection Acts 1994 to 2022 Minimum Notice and Terms of Employment Acts 1973 to 2005 Ministers and Secretaries (Amendment) Act 1956 (No. 21) Ministers and Secretaries (Amendment) Act 2011 (No. 10) Misuse of Drugs Act 1977 (No. 12) National Archives Act 1986 (No. 11) National Minimum Wage Acts 2000 and 2015 National Shared Services Office Act 2017 (No. 26) National Treasury Management Agency (Amendment) Act 2000 (No. 39) National Treasury Management Agency (Amendment) Act 2014 (No. 23) National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47) Offences against the State Acts 1939 to 1998 Official Secrets Act 1963 (No. 1) Ombudsman Act 1980 (No. 26) Organisation of Working Time Act 1997 (No. 20) Parent’s Leave and Benefit Act 2019 (No. 35) Parental Leave Acts 1998 to 2023 Paternity Leave and Benefit Act 2016 (No. 11) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Police Forces Amalgamation Act 1925 (No. 7) Postal and Telecommunications Services Act 1983 (No. 24) Prisons Act 2007 (No. 10) Private Security Services Act 2004 (No. 12) Prosecution of Offences Act 1974 (No. 22) Protected Disclosures Act 2014 (No. 14) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7) Redundancy Payments Acts 1967 to 2022 Road Traffic Act 1961 (No. 24) Road Traffic Act 2010 (No. 25) Sex Offenders Act 2001 (No. 18) Standards in Public Office Act 2001 (No. 31) Taxes Consolidation Act 1997 (No. 39) Terms of Employment (Information) Acts 1994 to 2014 Tribunals of Inquiry (Evidence) Acts 1921 to 2011 Unfair Dismissals Acts 1977 to 2015 Welfare of Greyhounds Act 2011 (No. 29) Number 1 of 2024 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 An Act to make further and better provision in relation to An Garda Síochána and, in particular, to strengthen the governance of An Garda Síochána and to provide for clear and effective oversight and accountability of An Garda Síochána; to provide that An Garda Síochána shall have a Board to be known as Bord an Gharda Síochána and to provide for its functions; to provide for the independence of the Garda Commissioner in relation to the performance of his or her functions; to provide for the appointment of members of An Garda Síochána and members of garda staff; to improve the safety of, and the perception of safety in, communities through collaboration between relevant Departments of State and public service bodies at national and local level and to provide for community engagement in the prevention of crime and harm and for that purpose to provide for the establishment of a group to be known as An Grúpa Stiúrtha Náisiúnta um Shábháilteacht Pobail and to provide for its functions; to provide for the establishment of a body to be known as An Oifig Náisiúnta um Shábháilteacht Pobail and to provide for its functions; to provide for local community safety partnerships; to provide for the establishment of a body to be known as An tÚdarás Póilíneachta agus Sábháilteachta Pobail and to provide for its functions; to provide for the change of name of the body known as Coimisiún Ombudsman an Gharda Síochána or, in the English language, the Garda Síochána Ombudsman Commission, so that it shall be known as Fiosrú - Oifig an Ombudsman Póilíneachta and to amend and extend its functions; to provide for the appointment of An tOmbudsman Póilíneachta and An Leas-Ombudsman Póilíneachta or, in the English language, the Police Ombudsman and Deputy Police Ombudsman respectively; to provide for the establishment of a body to be known as oifig an Scrúdaitheora Neamhspleách um Reachtaíocht Slándála and to provide for its functions; to provide for the appointment of a person to be An Scrúdaitheoir Neamhspleách um Reachtaíocht Slándála or, in the English language, the Independent Examiner of Security Legislation; to provide for the repeal of the Garda Síochána Act 2005 ; to amend certain enactments; and to provide for related matters. [7th February, 2024] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1.
(1)This Act may be cited as the Policing, Security and Community Safety Act 2024.
(2)This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation (General) 2.
(1)In this Act— “Act of 1963” means the Official Secrets Act 1963 ; “Act of 1975” means the Law Reform Commission Act 1975 ; “Act of 2004”, other than in section 263 , means the Public Service Management (Recruitment and Appointments) Act 2004 ; “Act of 2005” means the Garda Síochána Act 2005 ; “Act of 2014” means, other than in section 38 and Part 6 , the Companies Act 2014 ; “at risk”, in relation to an individual, means an individual (including an individual aged under the age of 18 years) who is at risk, at a particular point in time, of harm and who requires, whether due to his or her personal characteristics or personal circumstances, assistance in protecting himself or herself from such harm at that time; “Authority” has the meaning assigned to it by section 121
(1); “Board” has the meaning assigned to it by section 11 ; “chief executive of the Authority” has the meaning assigned to it by section 129
(1); “Committee of Public Accounts” means the committee of Dáil Éireann established under the rules and Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General; “company” means— (
  1. a)a company formed and registered under the Act of 2014, or (
  2. b)an existing company within the meaning of that Act; “complaint” means a complaint (whether oral, in writing or electronic) made under section 196
(1); “conduct code”, in relation to a member of garda staff, means the conduct code under which the Garda Commissioner may address misconduct by the member; “conduct proceedings”— (
  1. a)in relation to a member of An Garda Síochána, means the taking of measures in relation to the member under the Conduct Regulations, and (
  2. b)in relation to a member of garda staff, means the taking of measures in accordance with the conduct code; “Conduct Regulations” has the meaning assigned to it by section 257
(1); “controlled drug” has the same meaning as it has in section 2 of the Misuse of Drugs Act 1977 ; “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); “designated officer” means a person appointed under section 177
(1)to be a designated officer for the purposes of any of the provisions of Part 6 ; “Director” has the meaning assigned to it by section 109
(1); “document” means anything in which information of any description is recorded, including any electronic document or document generated automatically and, without prejudice to the generality of the foregoing, includes— (
  1. a)anything on which there is writing, (
  2. b)a map, plan, graph, drawing or photograph, (
  3. c)a disc, tape, sound track, film, microfilm, negative or other device from which sounds, images or other data can be reproduced with or without the aid of other equipment, and (
  4. d)a reproduction (including enlarging) in permanent legible form, by a computer or other means, of information in non-legible form; “enactment”, other than in section 209 , has the same meaning as it has in the Interpretation Act 2005 ; “Garda Commissioner”, other than in Part 6 , means the Commissioner of An Garda Síochána; “Independent Examiner” has the meaning assigned to it by section 232
(2); “information” includes any representation of fact, whether in words or otherwise; “information in non-legible form” includes information on a microfilm, microfiche, magnetic tape or disc; “local authority” has the same meaning as it has in the Local Government Act 2001 ; “member”, in relation to An Garda Síochána, means a member of any rank (including the Garda Commissioner) appointed, or deemed to have been appointed, under Part 2 , under an enactment repealed by this Act or under an enactment repealed by the Act of 2005, but does not include a member of garda staff; “member of garda staff” means— (a) a person appointed under subsection
(1)or
(2)of section 54 , or (b) a person designated by order of the Minister under section 54
(5); “members of garda personnel”, other than in Part 6 , has the meaning assigned to it by section 44 ; “Minister” means the Minister for Justice; “National Office” has the meaning assigned to it by section 108
(2); “national strategy” has the meaning assigned to it by section 106
(1)and includes a strategy revised in accordance with subsection
(7)of that section; “Office of the Police Ombudsman” means the body established under section 64 of the Act of 2005 and continued in being by section 170
(1); “officer of the Police Ombudsman” has the meaning assigned to it by section 176
(1); “Oireachtas committee” means— (
  1. a)a committee appointed by either House of the Oireachtas or jointly by each House of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or (
  2. b)a subcommittee of a committee specified in paragraph (a); “Performance Regulations” has the meaning assigned to it by section 256
(1); “policing principles” shall be construed in accordance with section 4 ; “policing priorities” has the meaning assigned to it by section 61
(1); “policing services” does not include security services; “prescribed” means prescribed by regulations; “protected disclosure” has the same meaning as it has in the Protected Disclosures Act 2014 ; “psychoactive substance” has the same meaning as it has in the Criminal Justice (Psychoactive Substances) Act 2010 ; “public body” means— (
  1. a)a Minister of the Government, (
  2. b)a local authority, (
  3. c)a body (other than a company) established by or under an enactment, or (
  4. d)a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— (
  5. i)moneys provided, or loans made or guaranteed, by a Minister of the Government, or (
  6. ii)the issue of shares held by or on behalf of a Minister of the Government; “public place” has the same meaning as it has in the Road Traffic Act 1961 ; “regulations”, other than in section 261 , means regulations made or continued in force under this Act; “sample” means a sample of any of the following taken, or to be taken, from a person: (
  7. a)urine; (
  8. b)hair, other than pubic hair; (
  9. c)oral fluid, including saliva; (
  10. d)blood; “security priorities” has the meaning assigned to it by section 62
(1)(a); “security services”, other than in Part 7 , shall be construed in accordance with section 3 ; “senior designated officer” means a designated officer appointed under section 177
(2)to be a senior designated officer for the purposes of any of the provisions of Part 6 ; “senior member of garda staff”, other than in section 57 , means a member of garda staff who is of a grade that is equivalent to, or higher than, the grade equivalent to the rank of chief superintendent; “Service” means the Public Appointments Service; “standards of professional behaviour” has the meaning assigned to it by section 258
(1); “Steering Group” has the meaning assigned to it by section 107
(1); “trainee” has the meaning assigned to it by section 53
(1); “vulnerable”, in relation to an individual, means an individual— (
  1. a)who is under the age of 18 years, or (
  2. b)whose capacity to guard himself or herself against harm by another individual is significantly impaired through— (
  3. i)a physical disability, illness or injury, (
  4. ii)a disorder of the mind, whether as a result of mental illness or dementia, or (iii) an intellectual disability.
(2)Prior to the coming into operation of an order made by the Minister under section 54
(5), a reference in this Act— (a) to a member of garda staff, other than in subsections
(3)and
(4)(a) of section 54 and sections 58 and 258
(3), (b) to a member of garda personnel, other than in section 258
(1), and (c) to a senior member of garda staff, shall be construed as including a reference to a person who, immediately before the coming into operation of section 54 , was a member of the civilian staff (within the meaning of section 19 of the Act of 2005) of An Garda Síochána.
(3)A reference in this Act— (
  1. a)to the policing priorities shall, where the context admits, be construed as including a reference to the priorities relating to policing services determined by the Policing Authority (within the meaning of Part 4 ) under section 20 of the Act of 2005 that were in operation immediately before the repeal of that section by section 5 , until such time as the Authority determines policing priorities, (
  2. b)to the security priorities shall, where the context admits, be construed as including a reference to the priorities relating to security services determined by the Minister under section 20A of the Act of 2005 that were in operation immediately before the repeal of that section by section 5 , until such time as the Minister determines security priorities, (
  3. c)to the strategic plan as laid under section 64
(1)shall, where the context admits, be construed as including a reference to the strategy statement prepared under section 21 of the Act of 2005 that was in operation immediately before the repeal of that section by section 5 , until such time as the strategic plan is so laid, (d) to the annual service plan as laid under section 65
(12)or 66
(10)shall, where the context admits, be construed as including a reference to the policing plan prepared under section 22 of the Act of 2005 that was in operation immediately before the repeal of that section by section 5 , until such time as the annual service plan is so laid, (e) to the capital plan as laid under section 69
(1)shall, where the context admits, be construed as including a reference to such plan for capital expenditure for An Garda Síochána that was in operation immediately before the coming into operation of that section, until such time as the capital plan is so laid, and (f) to a code of ethics issued by the Authority under section 78 shall, where the context admits, be construed as including a reference to the code established by the Policing Authority (within the meaning of Part 4 ) under section 17 of the Act of 2005 in so far as the latter was operative immediately before the repeal of that section by section 5 until such time as a code of ethics is so issued. Security services 3.
(1)In this Act, other than in Part 7 , “security services”, subject to subsection
(2), means the services provided by An Garda Síochána in the performance of the functions referred to in section 9 that are for the purposes of— (
  1. a)protecting the security of the State, including, but not limited to, the following: (
  2. i)preventing, detecting and investigating offences under the Offences against the State Acts 1939 to 1998, the Criminal Law Act 1976 , the Criminal Justice (Terrorist Offences) Act 2005 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ; (
  3. ii)protecting the State from— (I) espionage, (II) sabotage, (III) unlawful acts that subvert or undermine, or are intended to subvert or undermine, parliamentary democracy or the institutions of the State, (IV) acts of foreign interference that are, or are intended to be, detrimental to the interests of the State and are clandestine or deceptive or involve a threat to any person, and (V) acts contrary to the economic well-being of the State where such acts have an impact on national security interests, whether directed from, or committed or intended to be committed within, the State or not, (
  4. b)identifying foreign capabilities, intentions or activities within or relating to the State that have an impact on the international well-being or economic well-being of the State, and (
  5. c)cooperating with authorities in other states and international organisations aimed at preserving international peace, public order and security.
(2)The reference in subsection
(1)to the provision of security services by An Garda Síochána for the purposes of protecting the security of the State does not include the provision of such services in response to lawful advocacy, protest or dissent by any person.
(3)Where a question or dispute arises as to whether a particular matter relates to policing services or security services, the question or dispute shall be submitted to the Minister for determination.
(4)The determination by the Minister of the question or dispute referred to him or her under subsection
(3)shall be final. Policing principles 4. In this Act, “policing principles” means— (
  1. a)the principle that effective policing improves the safety of individuals, communities and localities, (
  2. b)the principle that policing services are to be provided— (
  3. i)independently and impartially, (
  4. ii)in a manner that protects and vindicates human rights, and (iii) in a manner that supports the proper and effective administration of justice, (
  5. c)the principle that effective policing is dependent on— (
  6. i)securing the support and confidence of the public, and (
  7. ii)being accessible to, and engaging with, communities, (
  8. d)the principle that policing services are to be provided within a national framework while having a particular regard to communities, and (
  9. e)the principle that when providing policing services every member of garda personnel is required to act professionally, ethically, with integrity and in a manner that protects and vindicates human rights. Repeals 5. The enactments specified in column
(3)of Schedule 1 are repealed to the extent specified in column
(4)of that Schedule. Expenses
  1. The expenses incurred in respect of An Garda Síochána, the Authority and the Office of the Police Ombudsman and any other expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas. PART 2 An Garda Síochána Chapter 1 Preliminary and General (Part 2) Definitions (Part 2)
  2. In this Part— “audit committee” means the audit committee established under section 74
(1); “capital expenditure” means expenditure to acquire a fixed asset or to significantly extend the life of an existing fixed asset; “committee of the Board” has the meaning assigned to it by section 21
(1); “governance framework” has the meaning assigned to it by section 71
(1); “performance targets” has the meaning assigned to it by section 62
(1)(b); “Secretary” has the meaning assigned to it by section 23
(1). Continuation of An Garda Síochána 8.
(1)The police service called, prior to the coming into operation of this section, the Garda Síochána, shall, on and after that coming into operation, be known as An Garda Síochána and shall continue in being under this Act.
(2)References in— (
  1. a)any enactment, (
  2. b)any legal proceedings pending, and (
  3. c)any other document, before the coming into operation of this section to the Garda Síochána shall, on and after that coming into operation, be construed as references to An Garda Síochána.
(3)The Government may continue to maintain, equip and pay An Garda Síochána. Function of An Garda Síochána 9.
(1)The function of An Garda Síochána is to provide policing services and security services, including vetting, for the State with the objective of— (
  1. a)preserving peace and public order, (
  2. b)protecting life and property, (
  3. c)protecting and vindicating the human rights of each individual, (
  4. d)protecting the security of the State, (
  5. e)preventing crime, (
  6. f)preventing harm to individuals, in particular individuals who are vulnerable or at risk, (
  7. g)bringing criminals to justice, including by detecting and investigating crime, (
  8. h)protecting and supporting victims of crime, and (
  9. i)regulating and controlling road traffic and improving road safety.
(2)For the purpose of achieving the objective referred to in subsection
(1), An Garda Síochána shall cooperate, as appropriate, with other Departments of State, agencies and bodies having, by law, responsibility for any matter relating to any aspect of that objective.
(3)In addition to its function under subsection
(1), An Garda Síochána and members of garda personnel have such functions as are conferred on them by law including those relating to immigration.
(4)This section does not affect any powers, immunities, privileges or duties that members of garda personnel have by virtue of any other enactment or at common law.
(5)This section shall not be taken to confer on any person a right in law that he or she would not otherwise have to— (
  1. a)require An Garda Síochána to perform a function or provide a service referred to in this section or to take, or desist from, any action, or (
  2. b)seek damages for a member of garda personnel’s performance of, or failure to perform, such function, his or her provision of, or failure to provide, such service, or his or her taking of, failure to take or failure to desist from taking, such action. Prosecution of offences by members of An Garda Síochána 10.
(1)A member of An Garda Síochána in the course of his or her official duties shall not institute a prosecution except as provided under this section.
(2)Subject to subsection
(4), any member of An Garda Síochána may institute or conduct prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.
(3)Where a prosecution is instituted by a member of An Garda Síochána pursuant to subsection
(2), the prosecution may be conducted by that member or any other such member.
(4)In deciding whether to institute and in instituting or conducting a prosecution, a member of An Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection
(5).
(5)The Director of Public Prosecutions may give, vary or rescind directions concerning the institution and conduct of prosecutions by members of An Garda Síochána.
(6)Directions under subsection
(5)may be of a general or specific nature and may, among other things, prohibit members of An Garda Síochána from— (
  1. a)instituting or conducting prosecutions of specified types of offences or in specified circumstances, or (
  2. b)conducting prosecutions beyond a specified stage of the proceedings.
(7)Where a prosecution is instituted or conducted by a member of An Garda Síochána in the name of the Director of Public Prosecutions— (
  1. a)the member is presumed, unless the contrary is proved, to have complied with this section and any applicable direction given by the Director of Public Prosecutions under this section, and (
  2. b)nothing done by the member in instituting or conducting the prosecution is invalid by reason only of the member’s failure to comply with this section or such a direction.
(8)Nothing in this section— (
  1. a)precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a prosecution instituted by a member of An Garda Síochána, or (
  2. b)authorises a member of An Garda Síochána to institute a proceeding without the consent of the Director of Public Prosecutions if an enactment prohibits the institution of that proceeding except by or with the Director of Public Prosecution’s consent.
(9)For the purpose of this section— (
  1. a)a direction is of a general nature if it relates to a class of prosecutions, and (
  2. b)a direction is of a specific nature if it relates to the prosecution of a person for a specific offence. Chapter 2 Board Establishment of Board 11. An Garda Síochána shall have a Board to be known as Bord an Gharda Síochána (in this Act referred to as the “Board”). Functions of Board 12.
(1)The Board shall have the following functions: (
  1. a)to oversee and approve the development of corporate strategy for An Garda Síochána in relation to major plans of action, risk policy, annual budgets and service plans; (
  2. b)to promote high standards of corporate governance with particular regard to a code of ethics issued by the Authority under section 78
(1)or issued by the Board under section 79
(3); (
  1. c)to monitor the implementation of organisational performance; (
  2. d)to oversee major capital expenditure and investment having regard to section 68 ; (
  3. e)to ensure that arrangements established for the recruitment, appointment, training, development and management of the performance of members of garda personnel comply with best practice; (
  4. f)to ensure, having regard to the resources expected to be available to An Garda Síochána, the integrity of An Garda Síochána’s accounting and financial reporting systems, and that appropriate systems of control are in place, in particular, systems for risk management, financial and operational control, and compliance with the law and relevant standards; (
  5. g)to ensure that An Garda Síochána has appropriate policies, plans and actions in place to enable compliance with its obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014 ; (
  6. h)to establish arrangements for the management of the performance of the Garda Commissioner and to implement the necessary processes for the development and appraisal of that performance; (
  7. i)to perform any other functions conferred on it by or under this Act or the regulations.
(2)The Board shall have all such powers as are necessary or expedient for the performance of its functions.
(3)The Board may perform any of its functions through or by the Secretary or any member of the staff of the Board (within the meaning of section 24 ) duly authorised in that behalf by the Board.
(4)In subsection
(1)(a), “major plans of action” includes plans concerning the strategic direction of An Garda Síochána, the development of the capacity and capability of An Garda Síochána and of the members of garda personnel and the optimum use of the resources of An Garda Síochána but does not include operational policing plans, plans in relation to the provision of security services or plans for the management of major events. Provision of information to Board by Garda Commissioner 13.
(1)Subject to subsection
(2), the Garda Commissioner shall provide the Board with all such information and other assistance as is necessary for the Board to perform its functions effectively.
(2)The Garda Commissioner may exclude from information to be provided to the Board under subsection
(1)any matter the disclosure of which, in his or her opinion, could be prejudicial to the security of the State.
(3)The Board and the Garda Commissioner shall, within 3 months of the coming into operation of this section, by written protocols, make arrangements in relation to the operation of subsection
(2). Accountability of Board to Minister 14.
(1)The Board shall be accountable to the Minister for the performance of its functions.
(2)The Board shall inform the Minister in writing of any matter that it considers requires his or her attention. Membership of Board 15.
(1)The Board shall comprise the following members: (
  1. a)a chairperson; (
  2. b)8 ordinary members.
(2)The members of the Board shall be appointed by the Minister.
(3)Subject to subsections
(4)and
(11)and section 17
(5), the Minister shall appoint the members of the Board from among such persons as are recommended by the Service in accordance with section 16 for appointment as such members.
(4)The Board shall be comprised of— (
  1. a)at least one member having sufficient experience and expertise relating to the matters specified in paragraph (
  2. a)of section 16
(3), (
  1. b)at least one member having sufficient experience and expertise relating to the matters specified in paragraph (
  2. b)of section 16
(3), and (
  1. c)at least one member having sufficient experience and expertise relating to the matters specified in paragraph (
  2. c)of section 16
(3).
(5)The Minister shall, in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.
(6)Subject to subsection
(7), the chairperson of the Board shall be appointed by the Minister from among the members of the Board.
(7)The Minister may, before the coming into operation of this section, designate a person to be appointed as the first chairperson of the Board.
(8)Where, immediately before the coming into operation of this section, a person stands designated under subsection
(7), that person shall, on such coming into operation, stand appointed as the first chairperson of the Board.
(9)The Minister may, before the coming into operation of this section, designate persons to be appointed as the first ordinary members of the Board.
(10)Where, immediately before the coming into operation of this section, a person stands designated under subsection
(9), that person shall, on such coming into operation, stand appointed as an ordinary member of the Board.
(11)Subsection
(3)shall not apply in respect of— (a) the designation of a person as the first chairperson of the Board under subsection
(7), or (b) the designation of persons as the first ordinary members of the Board under subsection
(9). Recommendations for appointment as members of Board 16.
(1)Subject to section 15
(11), the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Minister persons who are suitable for appointment by the Minister as members of the Board.
(2)Subject to subsection
(3), the Minister shall agree with the Service the selection criteria and process that are to apply to a selection competition under this section.
(3)A person shall not be recommended by the Service for appointment by the Minister unless the Service is satisfied that the person has sufficient experience and expertise to enable them to make a substantial contribution to the effective and efficient operation of An Garda Síochána in matters connected with one or more of the following: (
  1. a)the functions of An Garda Síochána; (
  2. b)organisational governance, management, data protection or public administration; (
  3. c)financial matters including the allocation, management of, and accountability for, the effective use of financial resources.
(4)The Service shall provide the Minister with particulars of the experience and expertise of each person whom it recommends under this section as suitable for appointment as a member of the Board. Terms of appointment and conditions of office of members of Board 17.
(1)Subject to subsection
(2), a member of the Board shall hold office, unless the member sooner dies, resigns, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the Minister shall determine.
(2)Of the ordinary members of the Board that are first appointed under this Act— (
  1. a)4 members shall hold office for a period of 4 years from the date of their respective appointments as such ordinary members, and (
  2. b)4 members shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members.
(3)Subject to subsection
(4), a member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board.
(4)A person who is reappointed to the Board in accordance with subsection
(3)shall not hold office for periods the aggregate of which exceeds 8 years.
(5)Where it is proposed to reappoint a person as a member of the Board, it shall not be necessary for the person— (
  1. a)to participate in a selection competition undertaken by the Service under section 16 , or (
  2. b)to be recommended by the Service in accordance with section 16 for appointment.
(6)The chairperson and ordinary members of the Board shall— (
  1. a)hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, at the time of appointment or reappointment, and (
  2. b)be paid out of moneys at the disposal of An Garda Síochána.
(7)A member of the Board may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees to that date, on that date.
(8)Subject to section 22
(7), the Board may act notwithstanding one or more than one vacancy in its membership. Ineligibility for appointment, disqualification from office of member of Board, committee of Board or audit committee, cessation of membership, etc. 18.
(1)A person shall not be eligible to be recommended for appointment or appointed as a member of the Board, a committee of the Board or the audit committee if he or she is— (
  1. a)a member of either House of the Oireachtas, (
  2. b)entitled under the rules of procedure of the European Parliament to sit in that Parliament, (
  3. c)a member of a local authority, (
  4. d)a member of garda personnel, (
  5. e)a member of the Authority, or (
  6. f)the Police Ombudsman or the Deputy Police Ombudsman.
(2)A person shall be disqualified from holding and shall cease to hold office as a member of the Board, a committee of the Board or the audit committee if he or she— (a) subject to subsection
(3), is adjudicated bankrupt, (
  1. b)makes a composition or arrangement with his or her creditors, (
  2. c)is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, (
  3. d)is convicted of an offence involving fraud or dishonesty, (
  4. e)is sentenced by a court of competent jurisdiction to a term of imprisonment, (
  5. f)has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (
  6. g)is subject or is deemed to be subject to a disqualification order (within the meaning of Chapter 4 of Part 14 of the Act of 2014) whether by virtue of that Chapter or any other provision of that Act or a disqualification outside the State to like effect which corresponds to such a disqualification order.
(3)A person shall be disqualified from holding office as a member of the Board, a committee of the Board or the audit committee under paragraph (a) of subsection
(2)only for so long as he or she has not obtained a certificate of discharge from the bankruptcy.
(4)Where a member of the Board, a committee of the Board or the audit committee is— (
  1. a)nominated as a member of Seanad Éireann, (
  2. b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
  3. c)regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, or (
  4. d)elected or co-opted as a member of a local authority, he or she shall thereupon cease to be a member of the Board, the committee of the Board or the audit committee, as the case may be.
(5)Where a member of the Board does not, for a consecutive period of 6 months, attend a meeting of the Board, he or she shall, at the end of that period, cease to be a member of the Board unless he or she demonstrates to the satisfaction of the Minister that the failure was due to ill-health or other unavoidable cause. Removal of member of Board 19. The Minister may at any time remove from office a member of the Board if, in the Minister’s opinion— (
  1. a)the member has become incapable through ill-health or otherwise of effectively performing his or her functions, (
  2. b)the member has committed stated misbehaviour, (
  3. c)the removal of the member is necessary for the effective and efficient performance by the Board of its functions, (
  4. d)the member, in performing his or her functions under this Act, has— (
  5. i)not maintained the proper standards of integrity, conduct and concern required under section 79
(1), (ii) breached a code of ethics issued under section 79
(3), or (iii) contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Acts 1995 and 2001 that, by virtue of a regulation under section 3 of the Ethics in Public Office Act 1995 , applies to him or her, or (e) the member, in performing his or her functions under this Act, has breached a code of conduct that has been drawn up under section 10
(3)of the Standards in Public Office Act 2001 and that applies to the member. Removal of all members of Board 20.
(1)The Minister may remove all the members of the Board from office if— (
  1. a)the Board fails to achieve a quorum for 3 consecutive meetings, (
  2. b)the Board does not comply with a judgment, order or decree of any court, (
  3. c)the Board does not comply with any other requirement imposed on it by or under any enactment including this Act, or (
  4. d)the Minister is of the opinion that the Board’s functions are not being performed in an effective and efficient manner.
(2)Before removing all the members of the Board from office under subsection
(1)(d), the Minister may appoint a person— (
  1. a)to conduct an independent review of any matter giving rise to his or her opinion that the Board’s functions are not being performed in an effective and efficient manner, and (
  2. b)to submit a report to the Minister of the findings of the review.
(3)The Board and the Garda Commissioner shall cooperate with a review under subsection
(2)and give the person conducting the review all reasonable assistance, including access to such premises, equipment and documents as the person may require for the purposes of the review.
(4)A person appointed to conduct a review under subsection
(2)shall be paid such remuneration and allowances for expenses incurred as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine. Establishment of committees of Board 21.
(1)The Board may, in addition to the audit committee, establish such and so many other committees as it thinks fit to assist and advise it in relation to the performance of any of its functions (in this Part referred to as a “committee of the Board”).
(2)A committee of the Board— (
  1. a)shall consist of such number of members as the Board may determine, and (
  2. b)may, subject to section 18 , include persons who are not members of the Board.
(3)In appointing the members of a committee of the Board, the Board shall have regard to the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee.
(4)The chairperson of a committee of the Board shall be appointed by the Board from among the members of the committee.
(5)A member of a committee of the Board shall— (
  1. a)hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and (
  2. b)be paid out of moneys at the disposal of An Garda Síochána.
(6)The Board may at any time remove a member of a committee of the Board for stated reasons.
(7)The Board may determine the terms of reference and regulate the procedure of a committee of the Board.
(8)The acts of a committee of the Board shall be subject to confirmation by the Board unless the Board otherwise determines.
(9)A committee of the Board shall provide the Board with such information as the Board may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Board of its functions.
(10)The Board may at any time dissolve a committee of the Board.
(11)A committee of the Board may act notwithstanding one or more than one vacancy in its membership. Meetings and procedures of Board 22.
(1)The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in each 2 month period of each year shall hold at least one meeting.
(2)The Minister, in consultation with the chairperson of the Board, shall fix the date, time and place of the first meeting of the Board.
(3)The chairperson may call a meeting of the Board at any reasonable time.
(4)Any 5 members of the Board may call a meeting of the Board where the chairperson— (
  1. a)refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 5 members of the Board, or (
  2. b)without refusing to call a meeting, does not call one within 7 days after being presented with the requisition.
(5)The members present at a meeting called under subsection
(4)shall choose one of their number to chair the meeting.
(6)Subject to subsection
(5), at a meeting of the Board— (
  1. a)the chairperson of the Board shall, where present, chair the meeting, or (
  2. b)where and so long as the chairperson of the Board is not present or where that office is vacant, the other members of the Board who are present shall choose one of their number to chair the meeting.
(7)The quorum for a meeting of the Board shall— (a) where subsection
(4)applies, be 4 ordinary members and the member chosen under subsection
(5)to chair the meeting, (b) where subsection
(6)(
  1. b)applies, be 4 ordinary members and the member chosen under that subsection to chair the meeting, and (
  2. c)in any other case, be 4 ordinary members and the chairperson.
(8)Each member of the Board present at a meeting of the Board shall have a vote.
(9)Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
(10)The Garda Commissioner shall not be a member of the Board or a committee of the Board but the Garda Commissioner may, in accordance with procedures specified by the Board or such a committee, attend meetings of the Board or the committee concerned, and may speak, and give advice, at such meetings.
(11)In addition to a meeting with all participants physically present, the Board may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time (in this section referred to as a “remote meeting”).
(12)A member of the Board who participates in a remote meeting is taken for all purposes to have been present at the meeting.
(13)Subject to this Act, the Board shall regulate its procedure by rules or otherwise.
(14)Non-compliance with the rules of the Board shall not invalidate any decision of the Board. Secretary to Board 23.
(1)The Board, having consulted with the Garda Commissioner, shall appoint a senior member of garda staff to be the Secretary to the Board (in this Part referred to as the “Secretary”).
(2)The Board shall not appoint a person under this section unless the Board is satisfied that the person has the relevant skills and experience to perform the functions of the Secretary.
(3)The Secretary shall hold office for such period as the Board may determine. Functions of Secretary to Board 24.
(1)The Secretary shall carry on and manage, and control generally, the administration of the Board and perform such other functions (if any) as may be determined by the Board.
(2)The Secretary shall perform his or her functions under this section in accordance with such directions as may be given to him or her from time to time by the Board and shall be accountable to the Board for the performance of those functions.
(3)The Secretary shall not, in the performance of his or her functions under this section, be subject to the direction and control of the Garda Commissioner pursuant to paragraph (a) of section 56 .
(4)The Secretary shall provide to the chairperson of the Board such information in relation to the performance of his or her functions under this section as the Board may require.
(5)The Secretary may, with the consent of the Board, authorise a member of the staff of the Board to perform a specified function of the Secretary and such a member of the staff so authorised may perform the function accordingly.
(6)The Board may designate a member of the staff of the Board to perform the functions of Secretary in the absence of the Secretary or where the office of Secretary is vacant, and a member of the staff of the Board so designated shall, in such absence or upon such office being vacant, perform those functions.
(7)In this section, “member of the staff of the Board” means a member of garda staff assigned by the Garda Commissioner under section 25
(1). Secretariat, premises and staff of Board 25.
(1)The Garda Commissioner shall assign to the Board such and so many members of garda staff and other resources as the Board reasonably considers appropriate to perform the functions of a secretariat to the Board, including to the audit committee and any committees of the Board.
(2)The Board may determine the duration of assignment under subsection
(1)of members of garda staff.
(3)Members of garda staff assigned under subsection
(1)shall not, in the performance of their functions under this section, be subject to the direction and control of the Garda Commissioner pursuant to paragraph (a) of section 56 .
(4)The Garda Commissioner shall provide the Board with appropriate premises in which to perform its functions. Chapter 3 Garda Commissioner and Deputy Garda Commissioner Appointment of Garda Commissioner 26.
(1)Subject to this section, the appointment of a person as the Garda Commissioner shall be made by the Government.
(2)The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for appointment as the Garda Commissioner.
(3)Prior to inviting the Service to undertake a selection competition under subsection
(2), the Minister shall consult with— (
  1. a)the Board, and (
  2. b)the Authority, with regard to the criteria relating to knowledge, ability and suitability for appointment as the Garda Commissioner (in this section referred to as the “selection criteria”) and the recruitment process for such appointment.
(4)The Minister shall agree with the Service the selection criteria and the recruitment process that are to apply to a selection competition under this section, having regard to the views of the Board and the Authority obtained pursuant to subsection
(3).
(5)A person shall not be recommended by the Service under this section unless the Service is satisfied that the person is suitable for appointment as the Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions of the Garda Commissioner under this Act.
(6)The appointment of a person as the Garda Commissioner shall be for a period— (
  1. a)of 5 years, or (
  2. b)ending on the date on which the person shall retire from the office of Garda Commissioner in accordance with any regulations made under section 254 , whichever is the lesser period.
(7)Notwithstanding subsection
(6), the Government may, having consulted with the Board and the Authority, extend the term of office of a Garda Commissioner for a further period— (
  1. a)not exceeding 2 years, or (
  2. b)ending on the date on which the person shall retire from such office in accordance with any regulations made under section 254 , whichever is the lesser period.
(8)Subject to subsection
(9), a person appointed as the Garda Commissioner shall hold office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.
(9)The person who, on the coming into operation of this section, holds the office of Garda Commissioner, shall be deemed to have been appointed under this section and shall continue in office in accordance with— (
  1. a)this Act, (
  2. b)the regulations, and (
  3. c)to the extent to which the terms and conditions of his or her appointment under the Act of 2005 are not inconsistent with this Act or the regulations, those terms and conditions. Appointment of Deputy Garda Commissioner 27.
(1)Subject to this section, the appointment of a person to the rank of Deputy Garda Commissioner shall be made by the Government.
(2)The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for appointment to the rank of Deputy Garda Commissioner.
(3)Prior to inviting the Service to undertake a selection competition under subsection
(2), the Minister shall consult with— (
  1. a)the Board, and (
  2. b)the Authority, with regard to the criteria relating to knowledge, ability and suitability for appointment to the rank of Deputy Garda Commissioner (in this section referred to as the “selection criteria”) and the recruitment process for such appointment.
(4)The Minister shall agree with the Service the selection criteria and the recruitment process that are to apply to a selection competition under this section, having regard to the views of the Board and the Authority obtained in accordance with subsection
(3).
(5)A person shall not be recommended by the Service under this section unless the Service is satisfied that the person is suitable for appointment to the rank of Deputy Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions that may be assigned to a member of that rank.
(6)Subject to subsection
(7), a person appointed to the rank of Deputy Garda Commissioner holds office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.
(7)A person who, on the coming into operation of this section, holds the rank of Deputy Garda Commissioner, shall be deemed to have been appointed under this section and shall continue in office in accordance with— (
  1. a)this Act, (
  2. b)the regulations, and (
  3. c)to the extent to which the terms and conditions of his or her appointment under the Act of 2005 are not inconsistent with this Act or the regulations, those terms and conditions. Power of Deputy Garda Commissioner to perform functions of Garda Commissioner 28.
(1)Subject to this section, the appropriate Deputy Garda Commissioner may perform the functions of the Garda Commissioner during any period when the Garda Commissioner is unable to perform his or her functions.
(2)The appropriate Deputy Garda Commissioner may perform the functions of the Garda Commissioner pursuant to subsection
(1)— (
  1. a)for a period not exceeding 2 months, or (
  2. b)for a period exceeding 2 months with the consent of the Minister.
(3)Where— (
  1. a)more than one Deputy Garda Commissioner stands appointed under section 27 , and (
  2. b)the Deputy Garda Commissioner who would otherwise be the appropriate Deputy Garda Commissioner is unable to perform his or her functions, the next most senior Deputy Garda Commissioner in order of date of appointment to the rank of Deputy Garda Commissioner, shall be the appropriate Deputy Garda Commissioner for the period during which the Deputy Garda Commissioner referred to in paragraph (
  3. b)is unable to perform his or her functions.
(4)Where— (
  1. a)the Garda Commissioner is unable to perform his or her functions, and (
  2. b)each Deputy Garda Commissioner is likewise so unable, the Minister may designate an Assistant Garda Commissioner to perform the functions of the Garda Commissioner during the period that the Garda Commissioner and each Deputy Garda Commissioner are so unable (in this section referred to as the “designated Assistant Garda Commissioner”).
(5)The designated Assistant Garda Commissioner may perform the functions of the Garda Commissioner pursuant to subsection
(4)— (
  1. a)for a period not exceeding 2 months, or (
  2. b)for a period exceeding 2 months with the consent of the Minister.
(6)The Minister shall, prior to making a designation under subsection
(4), consult with— (
  1. a)the Board, and (
  2. b)where practicable, the Garda Commissioner.
(7)Where an appropriate Deputy Garda Commissioner or a designated Assistant Garda Commissioner performs the functions of the Garda Commissioner pursuant to subsection
(1)or
(4), sections 30 , 31 and 32 shall apply in respect of such Deputy Garda Commissioner or Assistant Garda Commissioner as they apply in respect of the Garda Commissioner.
(8)Where an appropriate Deputy Garda Commissioner or a designated Assistant Garda Commissioner is performing, or is to perform, the functions of the Garda Commissioner pursuant to subsection
(1)or
(4), the Minister and the Authority shall, without delay, be so notified in writing by— (
  1. a)subject to paragraph (b), the Garda Commissioner, or (
  2. b)where the office of Garda Commissioner is vacant or the Garda Commissioner is unable to so notify, the appropriate Deputy Garda Commissioner or the designated Assistant Garda Commissioner, as the case may be.
(9)A notification under subsection
(8)shall specify— (
  1. a)the date from which the appropriate Deputy Garda Commissioner or designated Assistant Garda Commissioner commenced, or is to commence, performing the functions of the Garda Commissioner, (
  2. b)the reason for which he or she is so performing those functions, and (
  3. c)where known, the date on which he or she will cease to so perform the functions.
(10)Where the Minister— (a) gives his or her consent to the performance of the functions of the Garda Commissioner by the appropriate Deputy Garda Commissioner for a period exceeding 2 months under subsection
(2)(b), (b) makes a designation under subsection
(4), or (c) gives his or her consent to the performance of the functions of the Garda Commissioner by the designated Assistant Garda Commissioner for a period exceeding 2 months under subsection
(5)(b), the Minister shall notify the Authority of such giving of consent or designation as soon as practicable thereafter.
(11)In this section— (
  1. a)a reference to the Garda Commissioner being unable to perform his or her functions means— (
  2. i)the Garda Commissioner being absent, incapacitated or suspended from duty, or (
  3. ii)the office of Garda Commissioner being vacant, (
  4. b)a reference to a Deputy Garda Commissioner being unable to perform his or her functions means— (
  5. i)the Deputy Garda Commissioner being absent, incapacitated or suspended from duty, or (
  6. ii)the office, or each office, as the case may be, of Deputy Garda Commissioner being vacant, and (
  7. c)“appropriate Deputy Garda Commissioner” means— (
  8. i)where not more than one Deputy Garda Commissioner stands appointed pursuant to section 27 , that Deputy Garda Commissioner, or (
  9. ii)subject to subsection
(3), where more than one Deputy Garda Commissioner stands so appointed, the most senior Deputy Garda Commissioner in order of date of appointment to the rank of Deputy Garda Commissioner. Resignation of Garda Commissioner or Deputy Garda Commissioner 29.
(1)A person who holds the office of Garda Commissioner or Deputy Garda Commissioner may resign from office by notice in writing addressed to the Minister and copied to the Board and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.
(2)The Minister shall, as soon as practicable, inform the Authority of the resignation of a person under subsection
(1). Suspension from duty of Garda Commissioner or Deputy Garda Commissioner 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— (
  1. a)the person is the subject of an investigation into allegations that he or she may have— (
  2. i)committed an offence, or (
  3. ii)behaved in a manner that would constitute serious misconduct, and (
  4. b)the Minister is satisfied that, in the circumstances, the suspension of the person from duty is in the public interest.
(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— (a) subsection
(1)(
  1. a)applies to the person, and (
  2. b)it is of the opinion that the suspension of the person from duty is in the public interest.
(3)The Minister shall consider any recommendation made to him or her by the Board under subsection
(2).
(4)The Minister shall, prior to suspending a person from duty under subsection
(1)— (
  1. 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, (
  2. b)provide the person with an opportunity to make submissions regarding the proposed suspension of that person from duty, (
  3. c)consider any such submissions made by, or on behalf of, the person, and (
  4. d)consult with the Board.
(5)The Minister may terminate the suspension from duty of a person under subsection
(1)where he or she is satisfied that paragraph (
  1. a)or (
  2. b)of that subsection no longer apply in respect of the person, having consulted in that regard with the Board. Removal from office of Garda Commissioner or Deputy Garda Commissioner 31.
(1)Without prejudice to the Performance Regulations and the Conduct Regulations and subject to this section, a person who holds the office of Garda Commissioner or Deputy Garda Commissioner may be removed from office by the Government for stated reasons, including where— (
  1. a)the person has failed to perform the functions of the office he or she holds with due diligence and effectiveness, (
  2. b)in the case of the Garda Commissioner, he or she has failed to have due regard to one or more of the matters specified in section 33
(2), (
  1. c)the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or (
  2. d)the removal of the person from office would, in the opinion of the Government, be in the best interests of An Garda Síochána.
(2)The Board may, for the purposes of subsection
(1), recommend to the Government the removal from office of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner, and the Government shall consider any such recommendation.
(3)The Government may, where they consider it necessary or appropriate to do so for the purposes of subsection
(1), request the Chief Justice to invite a judge (while serving as a judge) to— (
  1. a)hold an inquiry into any matter giving rise to a proposal to remove a person from office under this section, and (
  2. b)report to the Government on the findings of the inquiry.
(4)The Chief Justice may invite— (
  1. a)a judge of the Supreme Court, (
  2. b)with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or (
  3. c)with the consent of the President of the High Court, a judge of the High Court, to hold an inquiry under this section and report to the Government on the findings of the inquiry and, if the invitation is accepted, the Chief Justice shall appoint the judge to hold the inquiry and so report (in this section and section 32 referred to as an “appointed judge”).
(5)The Government shall, prior to removing a person from office under this section— (
  1. a)notify the person in writing that the Government propose to consider removing the person from office, and include in the notification a statement of the reasons for doing so, (
  2. b)where the Government appoint an appointed person to hold an inquiry into a matter giving rise to the proposal to remove the person from office— (
  3. i)notify that person in writing of such appointment, (
  4. ii)consider the report on the findings of the inquiry, (iii) inform the Board of the findings of the inquiry and where they consider it appropriate, provide a copy of the report to the Board, and (
  5. iv)provide a copy of the report to that person, (
  6. c)provide the person with an opportunity to make submissions as to why he or she ought not to be removed from office, (
  7. d)consider any such submissions made by, or on behalf of, the person, and (
  8. e)consult with the Board.
(6)On notifying a person pursuant to subsection
(5)(a) that the Government intend to consider removing him or her from office, the Government may, where the person is not suspended pursuant to section 30 and where they consider it appropriate, suspend the person from duty.
(7)Subject to subsection
(8), the suspension from duty of a person under subsection
(6)shall continue until the Government make a decision in relation to whether the person should be removed from office under this section.
(8)Where a person is suspended from duty under subsection
(6)and the Government are of the opinion that the steps required to be taken under subsection
(5)have not been taken without undue delay, the suspension shall be terminated by the Government.
(9)As soon as practicable after a person is removed from office under this section, the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas. Inquiry under section 31
(3)(a) 32.
(1)An appointed judge may conduct an inquiry under section 31
(3)(a) in the manner he or she thinks proper, whether by examining witnesses or otherwise, and may, in particular, conduct any proceedings relating to the inquiry otherwise than in public.
(2)For the purpose of an inquiry under this section, the appointed judge has the powers, rights and privileges vested in a judge of the High Court on the hearing of an action, including the power to— (a) enforce the attendance of witnesses, and (b) compel the production of records.
(3)A person who does or omits to do anything that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.
(4)A statement or admission made by a person to an appointed judge in an inquiry under section 31
(3)(a) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection
(3)).
(5)The Minister may issue a directive to the Garda Commissioner, a Deputy Garda Commissioner or an Assistant Garda Commissioner requiring that person to take any lawful measures that appear to the person to be necessary or expedient for the purposes of— (a) preserving evidence relating to the matter the subject of the inquiry under section 31
(3)(a), and (b) facilitating the appointed judge to obtain that evidence. Chapter 4 Functions and duties of Garda Commissioner Functions of Garda Commissioner 33.
(1)Subject to this Act, the Garda Commissioner shall have the following functions: (
  1. a)to ensure that An Garda Síochána carries out its functions; (
  2. b)to direct and control An Garda Síochána; (
  3. c)to carry on, manage and control generally the administration and business of An Garda Síochána, including by— (
  4. i)being responsible for the allocation and deployment of resources available to him or her and determining the manner in which members of garda personnel are to be distributed and stationed throughout the State, and (
  5. ii)arranging for the recruitment, training and appointment of members of garda personnel and the continuing professional development of such members; (
  6. d)to seek to secure the continuous improvement of the policing and security of the State; (
  7. e)to advise the Minister on policing and security matters; (
  8. f)to assist and cooperate with the Authority and the Police Ombudsman in order to facilitate the performance by the Authority and the Police Ombudsman of their functions under this Act; (
  9. g)to perform any other functions that are assigned to him or her by or under this Act or any other enactment.
(2)In performing his or her functions, the Garda Commissioner shall seek to ensure that those functions are carried out with due regard to— (
  1. a)the policing principles, (
  2. b)the objective of promoting effectiveness, efficiency and economy in An Garda Síochána, (
  3. c)the obligations of An Garda Síochána under section 42 of the Irish Human Rights and Equality Commission Act 2014 , (
  4. d)the policing priorities, (
  5. e)the security priorities, (
  6. f)the strategic plan as laid under section 64
(1), (g) the annual service plan as laid under section 65
(12)or 66
(10), (h) the capital plan as laid under section 69
(1), (
  1. i)the allocated resources, (
  2. j)any relevant policies of the Minister or the Government, and (
  3. k)any directive issued to him or her under section 37
(1).
(3)The Garda Commissioner shall, to the extent practicable, ensure that members of garda personnel stationed in a part of a Garda Síochána division that includes a Gaeltacht area are sufficiently competent in the Irish language to enable them to use it with facility in carrying out their duties.
(4)Where the Garda Commissioner made a determination under section 33
(1)of the Act of 2005 prior to the repeal of that section by section 5 and which determination is in force immediately before such repeal, the determination shall be deemed to be a determination made by the Garda Commissioner pursuant to the performance of his or her functions under subsection
(1)(c)(i).
(5)In this section, “Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 and continued to be such an area under section 7
(1)of the Gaeltacht Act 2012 . Independence and accountability of Garda Commissioner 34.
(1)Subject to this Act, the Garda Commissioner shall be independent in the performance of his or her functions.
(2)The Garda Commissioner shall be accountable to the Board for the performance of his or her functions. Duty of Garda Commissioner to account to Government and Minister and to provide material to Attorney General 35.
(1)The Garda Commissioner shall account fully to the Government and the Minister through the Secretary General of the Department of Justice in relation to matters connected with the provision of policing services and security services by An Garda Síochána.
(2)The Garda Commissioner’s duty under subsection
(1)includes the duty to provide, at the request of the Secretary General of the Department of Justice, any document in the power or control of An Garda Síochána, including material in the form of Garda records, statements made by members of garda personnel and by other persons and reports.
(3)The Garda Commissioner shall provide the Attorney General with all of the material specified in subsection
(2)that is required by the Attorney General in connection with the conduct of legal proceedings on behalf of the State. Duty of Garda Commissioner to provide information to Minister 36.
(1)The Garda Commissioner shall keep the Minister and the Secretary General of the Department of Justice fully informed of the following: (
  1. a)matters relating to significant developments concerning— (
  2. i)the preservation of peace and public order in the State, (
  3. ii)the protection of life and property in the State, or (iii) the protection of the security of the State; (
  4. b)significant developments that might reasonably be expected to adversely affect public confidence in An Garda Síochána; (
  5. c)significant developments that might reasonably be expected to adversely affect the performance of An Garda Síochána; (
  6. d)matters relevant to the accountability of the Government to the Houses of the Oireachtas; (
  7. e)any other matters that, in the Commissioner’s opinion, should be brought to the Minister’s attention.
(2)Whenever required by the Minister, the Garda Commissioner shall submit to the Minister a report on any matters connected with the provision of policing services or security services by An Garda Síochána or the performance of such of the Commissioner’s functions as may be specified by the Minister.
(3)A report under subsection
(2)shall— (
  1. a)address matters of general or specific concern that are specified in the Minister’s requirement, and (
  2. b)be made in the form and within such period as may be specified in the requirement.
(4)Where and in so far as a report under subsection
(2)relates to matters concerning policing services, the Minister shall inform the Authority of those matters.
(5)The Minister may publish all or part of a report submitted under subsection
(2). Directives from Minister 37.
(1)Subject to subsection
(6), the Minister may, with the approval of the Government, issue to the Garda Commissioner written directives concerning any matter relating to An Garda Síochána.
(2)The Authority may recommend to the Minister that a directive concerning a specified matter relating to policing services be issued under subsection
(1).
(3)The Garda Commissioner shall, in performing his or her functions under this Act, comply with any directive issued to him or her under subsection
(1).
(4)Subject to subsection
(5), as soon as practicable after issuing a directive under subsection
(1), the Minister shall cause a copy of the directive to be laid before each House of the Oireachtas.
(5)Where the Minister is of the opinion that to cause a copy of a directive to be laid before each House of the Oireachtas in accordance with subsection
(4)might prejudice the security of the State or impede the prevention, investigation or prosecution of an offence, the Minister shall cause a written statement indicating that such a directive has been issued to be laid before each House.
(6)The Minister’s power under subsection
(1)shall not be exercised to limit the independence of a member of An Garda Síochána in performing functions relating to the investigation of a specific offence or the prosecution of an offence as authorised by section 10 .
(7)The Garda Commissioner shall inform the Minister of the measures taken by the Commissioner to comply with a directive issued under subsection
(1)and supply that information within such period as may be specified by the Minister.
(8)Where and in so far as information supplied to the Minister by the Garda Commissioner under subsection
(7)relates to matters concerning policing services, the Minister shall supply that information to the Authority. Provision of material to State Claims Agency 38.
(1)Subject to subsection
(2), the Garda Commissioner shall, at the request of the State Claims Agency, provide the State Claims Agency with any document in the power or control of An Garda Síochána, including material in the form of Garda records, statements made by members of garda personnel and by other persons and reports, that is required by the State Claims Agency for the purposes of, or in connection with, legal claims or prospective legal claims against or on behalf of a State authority.
(2)The Garda Commissioner shall exclude from any document to be provided to the State Claims Agency under subsection
(1)any matter the provision of which, in his or her opinion— (
  1. a)might prejudice the security of the State, (
  2. b)might facilitate the commission of an offence, prejudice a criminal investigation or prosecution, or endanger the life or safety of any person, or (
  3. c)would not, for any other reason, be in the public interest.
(3)In this section— “Act of 2000” means the National Treasury Management Agency (Amendment) Act 2000 ; “Act of 2014” means the National Treasury Management Agency (Amendment) Act 2014 ; “legal claim” means— (a) a claim (within the meaning of Part 2 of the Act of 2000) the management of which stands delegated to the State Claims Agency under section 9
(1)of that Act, (b) a claim for costs (within the meaning of Part 5 of the Act of 2014) the management of which stands delegated to the State Claims Agency under section 34
(1)of that Act, or (
  1. c)a counterclaim (within the meaning of Part 2 of the Act of 2000); “State authority”— (
  2. a)in the case of a legal claim to which paragraph (
  3. a)or (
  4. c)of the definition of “legal claim” applies, has the same meaning as it has in Part 2 of the Act of 2000, and (
  5. b)in the case of a legal claim to which paragraph (
  6. b)of the definition of “legal claim” applies, has the same meaning as it has in Part 5 of the Act of 2014. Delegation of functions of Garda Commissioner 39.
(1)Subject to subsection
(2)and such limitations, restrictions or conditions as may be contained in regulations (if any) under section 254
(1)(n), the Garda Commissioner may, in writing, delegate any of his or her functions to members of garda personnel specified in the delegation— (
  1. a)in the case of members who are members of An Garda Síochána, by rank or name, and (
  2. b)in the case of members who are members of garda staff, by grade, position, name or otherwise.
(2)Where a delegation under this section relates to the performance of a function assigned to the Garda Commissioner by or under any enactment, other than this Act, the Garda Commissioner shall not exercise the power under this section to delegate the function without the prior consent of the Minister in writing in relation to that function.
(3)A delegation under this section may— (
  1. a)relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter, (
  2. b)be made subject to conditions or restrictions, and (
  3. c)be revoked or varied by the Garda Commissioner at any time.
(4)The delegation of a function under this section does not preclude the Garda Commissioner from performing the function.
(5)Where the Garda Commissioner’s functions are delegated to a person under this section, any references to the Garda Commissioner shall be construed as references to that person.
(6)An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Garda Commissioner.
(7)A delegation under this section shall not cease to have effect by reason only of a change in the person lawfully acting as, or performing the functions of, the Garda Commissioner. Powers of Garda Commissioner relating to contracts, bank accounts, etc. 40.
(1)Subject to this Act and such limitations, restrictions or conditions as may be contained in regulations (if any) under section 254
(1)(o), the Garda Commissioner may, for the purposes of performing his or her functions in relation to the administration and business of An Garda Síochána— (
  1. a)enter into a contract on behalf of An Garda Síochána with any person or body concerning any matter arising in relation to those functions, (
  2. b)with the prior consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, operate in the State, or elsewhere, bank accounts of any description, and (
  3. c)do any other thing necessary for enabling the Garda Commissioner to perform those functions.
(2)Subject to the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, the power conferred by subsection
(1)(a) includes the power to enter into a contract relating to land or an interest in land or any other property.
(3)The Garda Commissioner may sue and be sued in the name of his or her office.
(4)A contract entered into under this section by a person holding the office of Garda Commissioner is binding on and enforceable by that person and his or her successors in office, but neither that person nor any successor in office is personally liable on the contract.
(5)Subsection
(4)applies whether or not the contract was entered into pursuant to a power delegated under section 39 .
(6)Notwithstanding subsection
(1)(b), the Garda Commissioner does not have power to borrow money by means of a bank overdraft or otherwise. Power of Garda Commissioner to appoint consultants and advisers 41. The Garda Commissioner, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may engage such consultants or advisers as the Commissioner considers necessary to assist in the performance of his or her functions and the functions of An Garda Síochána under this Act. Arrangements for obtaining views of public 42.
(1)The Garda Commissioner shall make arrangements for obtaining the views of the public about matters concerning policing services and An Garda Síochána.
(2)Before making any arrangements under this section, the Garda Commissioner shall consult with the Minister and the Authority in relation to any proposed arrangements. Provision of services for certain events, etc. 43.
(1)The Garda Commissioner may, at the request of a person, provide and charge for services for events on private property or in areas open to the public or for services referred to in subsection
(3), where— (
  1. a)it is in the public interest and consistent with the functions of An Garda Síochána to provide the services, and (
  2. b)the Garda Commissioner is satisfied that the person has paid or will pay to him or her the charges for the services.
(2)The types of events for which services may be provided under this section include the following: (
  1. a)sports fixtures; (
  2. b)concerts; (
  3. c)festivals and exhibitions; (
  4. d)meetings and conferences; (
  5. e)the making of films, videos, television programmes and advertisements; (
  6. f)appearances by individuals or groups of individuals likely to attract large numbers of people.
(3)Services relating to the protection, whether by means of police escorts or otherwise, of persons or property at risk of harm while in transit within the State may be provided under this section subject to such circumstances which, and the extent to which, such services may be provided as may be contained in regulations (if any) under section 254
(1)(p).
(4)Having taken such costs as may be specified in regulations (if any) under section 254
(1)(q) into account, the Garda Commissioner may set charges for services provided under this section that are sufficient to cover the costs of providing those services.
(5)The Garda Commissioner may recover as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due under this section. Chapter 5 Garda personnel Garda personnel 44. The personnel of An Garda Síochána shall be comprised of the following members (in this Act referred to as “members of garda personnel”): (a) members of An Garda Síochána; (b) members of garda staff. Ranks, numbers in each rank, terms and conditions 45.
(1)Subject to regulations (if any) made under subsection
(2), the members of An Garda Síochána shall be divided into the following ranks: (
  1. a)Garda Commissioner; (
  2. b)Deputy Garda Commissioner; (
  3. c)Assistant Garda Commissioner; (
  4. d)chief superintendent; (
  5. e)superintendent; (
  6. f)inspector; (
  7. g)sergeant; (
  8. h)garda; (
  9. i)reserve garda.
(2)The Minister may, subject to section 252
(2), make regulations— (a) to add a rank, below that of Assistant Garda Commissioner, to the ranks specified in subsection
(1), or (b) to remove any rank, below that of Assistant Garda Commissioner, specified in subsection
(1)or added under paragraph (a).
(3)There shall be one, or such greater number of, persons, of each of the ranks (other than the rank of Garda Commissioner) specified in subsection
(1)or added under subsection
(2)(
  1. a)as may be determined— (
  2. a)in the case of the rank of Deputy Garda Commissioner, by the Government with due regard to the views of the Garda Commissioner, and (
  3. b)in any other case, by the Garda Commissioner with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.
(4)The Garda Commissioner shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the terms and conditions (including terms and conditions relating to remuneration and allowances) of members of An Garda Síochána, other than the Garda Commissioner or a Deputy Garda Commissioner, appointed under this Act.
(5)The Garda Commissioner shall, for the purposes of subsection
(3)(b) and section 54
(4)(b), keep under review the personnel needs of An Garda Síochána. Solemn declaration 46. The appointment of a person as a member of An Garda Síochána on or after the coming into operation of this section has effect only where the person makes a declaration orally and in writing before a Peace Commissioner in the form specified in Schedule 2 . Appointment of persons to rank of Assistant Garda Commissioner or chief superintendent 47.
(1)The Garda Commissioner may, following a selection competition undertaken for that purpose by the Service, appoint, with the approval of the Board, and in accordance with such matters as may be contained in regulations in relation to such appointments, persons to the rank of Assistant Garda Commissioner or chief superintendent.
(2)A person who, on the coming into operation of this section, holds the office of Assistant Garda Commissioner or chief superintendent, shall be deemed to have been appointed under this section and shall continue in office in accordance with— (
  1. a)this Act, (
  2. b)the regulations, and (
  3. c)to the extent to which the terms and conditions of his or her appointment under the Act of 2005 are not inconsistent with this Act or the regulations, those terms and conditions. Suspension from duty, removal from office, of Assistant Garda Commissioner or chief superintendent 48.
(1)The Garda Commissioner may, in accordance with such procedures and in such circumstances as may be specified in regulations in relation to such suspension, suspend from duty a person who holds the office of Assistant Garda Commissioner or chief superintendent.
(2)Without prejudice to the Performance Regulations and the Conduct Regulations and subject to this section, a person who holds the office of Assistant Garda Commissioner or chief superintendent may be removed from office by the Garda Commissioner, with the approval of the Board, for stated reasons, including where— (
  1. a)the person has failed to perform the functions of the office he or she holds with due diligence and effectiveness, (
  2. b)the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or (
  3. c)the removal of the person from office would, in the opinion of the Garda Commissioner, be in the best interests of An Garda Síochána.
(3)The Garda Commissioner may, where he or she considers it necessary or appropriate to do so for the purposes of subsection
(2), and with the approval of the Board, appoint a person (in this section and section 49 referred to as an “appointed person”) to— (
  1. a)hold an inquiry into any matter giving rise to a proposal to remove a person from office under this section, and (
  2. b)report to the Garda Commissioner on the findings of the inquiry.
(4)The Garda Commissioner shall, prior to removing a person from office under this section— (
  1. a)notify in writing the person that the Commissioner proposes to consider removing the person from office, and include in the notification a statement of the reasons for doing so, (
  2. b)where he or she appoints an appointed person to hold an inquiry into a matter giving rise to the proposal to remove the person from office— (
  3. i)notify in writing that person of such appointment, (
  4. ii)consider the report on the findings of the inquiry, (iii) inform the Board of the findings of the inquiry and where they consider it appropriate, provide a copy of the report to the Board, and (
  5. iv)provide a copy of the report to that person, (
  6. c)provide the person with an opportunity to make submissions as to why he or she ought not to be removed from office, and (
  7. d)consider any such submissions made by, or on behalf of, the person.
(5)On notifying a person under subsection
(4)(a) that the Garda Commissioner proposes to consider removing him or her from office, the Garda Commissioner may, where the person is not suspended pursuant to subsection
(1)and where he or she considers it appropriate, suspend the person from duty.
(6)Subject to subsection
(7), the suspension from duty of a person under subsection
(5)shall continue until the Garda Commissioner makes a decision in relation to whether the person should be removed from office under this section.
(7)Where a person is suspended from duty under subsection
(5)and the Garda Commissioner is of the opinion that the steps required to be taken under subsection
(4)have not been taken without undue delay, the suspension shall be terminated by the Garda Commissioner. Inquiry under section 48
(3)(a) 49.
(1)For the purposes of an inquiry under section 48
(3)(a), the appointed person may do such of the following as he or she considers appropriate: (
  1. a)direct a person, by notice delivered to him or her, to provide any information, document or thing that is specified in the notice and is relevant to, and required for the purposes of, the inquiry; (
  2. b)direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice, a document or thing specified in the notice that is relevant to, and required for the purposes of, the inquiry and is in the person’s power or control; (
  3. c)summon witnesses to attend the inquiry; (
  4. d)direct a witness to answer a question put to him or her at the inquiry; (
  5. e)give any other direction that appears to the appointed person to be necessary, just and reasonable for the purposes of the inquiry; (
  6. f)administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.
(2)Where a person (the “first named person”) fails or refuses to comply with, or disobeys, a direction or summons under subsection
(1), the High Court may, on application by the appointed person concerned and on notice to the first named person— (
  1. a)order the first named person to comply with the direction or, in the case of a summons, to attend the inquiry, and (
  2. b)make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.
(3)A person who— (
  1. a)is the subject of a direction by notice under paragraph (
  2. a)or (
  3. b)of subsection
(1)and who, without lawful excuse, refuses or fails to comply with a direction under the paragraph concerned, (b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection
(1)(c), (c) refuses to answer a question that the appointed person may lawfully direct him or her to answer under subsection
(1)(d), or (d) does or omits to do any other thing that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.
(4)A statement or admission made by a person pursuant to a direction under subsection
(1)or an order under subsection
(2)shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection
(3)).
(5)The Garda Commissioner may issue a directive to members of garda personnel requiring them to take any lawful measures that appear to them to be necessary or expedient for the purposes of— (a) preserving evidence relating to the matter the subject of the inquiry under section 48
(3)(a), and (b) facilitating the appointed person to hold the inquiry to obtain that evidence. Appointment of persons to, suspension of persons from, ranks below rank of chief superintendent 50.
(1)The Garda Commissioner may appoint, in accordance with such matters as may be contained in regulations in relation to such appointments, persons to any rank below the rank of chief superintendent.
(2)A person who, on the coming into operation of this section, holds a rank below the rank of chief superintendent, shall be deemed to have been appointed under this section and shall continue in office in accordance with— (
  1. a)this Act, (
  2. b)the regulations, and (
  3. c)to the extent to which the terms and conditions of his or her appointment are not inconsistent with this Act or the regulations, those terms and conditions.
(3)The Garda Commissioner may, in accordance with such procedures and in such circumstances as may be specified in regulations in relation to such suspension, suspend from duty a person who is a member of any rank below the rank of chief superintendent. Dismissal for reasons of public confidence of members below the rank of chief superintendent 51. Without prejudice to the Performance Regulations and the Conduct Regulations, the Garda Commissioner may dismiss from An Garda Síochána a member below the rank of chief superintendent where— (
  1. a)by reason of the member’s conduct (which includes any act or omission) the Garda Commissioner is of the opinion that— (
  2. i)the member’s continued membership would undermine public confidence in An Garda Síochána, and (
  3. ii)the dismissal of the member is necessary to maintain that confidence, (
  4. b)the member has been informed of the basis for the Garda Commissioner’s opinion under paragraph (a), (
  5. c)the member has been provided with an opportunity to make submissions as to why he or she ought not to be dismissed, and (
  6. d)the Garda Commissioner has considered any submissions made by, or on behalf of, the person under paragraph (c), and remains of his or her opinion. Powers of persons appointed to rank of reserve garda 52.
(1)Subject to subsection
(2), a person appointed under section 50 to the rank of reserve garda has, while on duty, the same powers, immunities, privileges and duties as a person appointed under that section to the rank of garda.
(2)The Garda Commissioner may, having consulted with the Authority and the Minister, determine the range of powers to be exercised, and duties to be carried out, by members of An Garda Síochána of the rank of reserve garda.
(3)A member of An Garda Síochána of the rank of reserve garda is a volunteer and does not perform his or her functions as such a member under a contract of employment. Admission of trainees 53.
(1)The Garda Commissioner may, in accordance with regulations (if any) under section 254
(1)(c), arrange for the admission of such numbers of persons as trainees (in this Act referred to as a “trainee”) as he or she considers appropriate with a view to the appointment under section 50 , and enrolment, of such persons as members of An Garda Síochána.
(2)The conditions of service of a trainee shall be governed by a contract of training (which shall not be a contract of employment) entered into between the Garda Commissioner and the trainee.
(3)A person who was admitted as a trainee within the meaning of, and in accordance with, the Garda Síochána (Admissions and Appointments) Regulations 2013 ( S.I. No. 470 of 2013 ) and who, at the time of the coming into operation of this section, remains in training— (a) shall be deemed to have been admitted as a trainee under subsection
(1), and (
  1. b)shall continue in such training in accordance with— (
  2. i)this Act, (
  3. ii)the regulations, and (iii) to the extent to which the terms and conditions of his or her admission in accordance with the Garda Síochána (Admissions and Appointments) Regulations 2013 are not inconsistent with this Act or the regulations, those terms and conditions. Appointment of members of garda staff 54.
(1)Subject to this section, the Garda Commissioner may appoint persons as members of garda staff.
(2)Senior members of garda staff shall be appointed by the Garda Commissioner with the approval of the Board.
(3)Members of garda staff shall be recruited in accordance with the Act of 2004.
(4)The Garda Commissioner, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, shall determine— (
  1. a)the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of members of garda staff, and (
  2. b)the grades of garda staff and the numbers in each grade.
(5)Subject to subsections
(6)and
(8), every member of the civilian staff of An Garda Síochána who is a civil servant of the Government immediately before the coming into operation of this section and who is designated by order of the Minister for the purposes of this section shall, on being so designated, become a member of garda staff.
(6)Before making an order under subsection
(5), the Minister shall— (
  1. a)notify in writing any recognised trade union or staff association concerned of the Minister’s intention to do so, and (
  2. b)consider, within such time as may be specified in the notification under paragraph (a), any representations made by that trade union or staff association in relation to the matter.
(7)The Minister shall, not less than 24 months after the coming into operation of this section, make an order under subsection
(5).
(8)Schedule 3 applies to civilian staff who become members of garda staff pursuant to an order under subsection
(5). Superannuation (Part 2) 55.
(1)The Garda Commissioner shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of any person appointed as a member of garda staff or any person who, on becoming a member of garda staff, does not become a member of the Single Public Service Pension Scheme.
(2)A scheme under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.
(3)The Garda Commissioner may,

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