Garda Síochána Act 2005

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE GARDA SÍOCHÁNA AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE GARDA SÍOCHÁNA, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS COIMISIÚN OMBUDSMAN AN GHARDA SÍOCHÁNA OR, IN ENGLISH, THE GARDA SÍOCHÁNA OMBUDSMAN COMMISSION FOR THE PURPOSES OF ENSURING OPENNESS, TRANSPARENCY AND ACCOUNTABILITY IN THE PROCESS BY WHICH COMPLAINTS AGAINST THE GARDA SÍOCHÁNA ARE INVESTIGATED AND ALSO FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS CIGIREACHT AN GHARDA SÍOCHÁNA OR, IN ENGLISH, THE GARDA SÍOCHÁNA INSPECTORATE FOR THE PURPOSE OF ACHIEVING AND MAINTAINING THE HIGHEST LEVELS OF EFFICIENCY AND EFFECTIVENESS IN THE OPERATION AND ADMINISTRATION OF THE GARDA SÍOCHÁNA, AND TO PROVIDE FOR RELATED MATTERS.

[10th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary Matters

1. Short title.

1.—This Act may be cited as the Garda Síochána Act 2005.

2. Commencement.

2.— (1) This Act comes into operation on the day that the Minister may, by order, appoint.

• (2) Different days may be appointed under this section, by one or more than one order, for different purposes or different provisions of this Act and, in relation to the repeals effected by section 4, for the repeal of different provisions of the enactments referred to in Schedule 1 or for the repeal for different purposes of those enactments.

3. Interpretation.

3.— (1) In this Act, unless the context otherwise requires—

F1[“Authority” means the Policing Authority established by section 62B;

“Chief Executive” means the chief executive officer of the Authority appointed under section 62P;

“committee” means a committee of the Authority established under section 62K;]

“Committee of Public Accounts” means the committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;

“complaint” means a complaint made under Part 4;

“Disciplinary Regulations” means—

• (a) the 1989 Regulations, as amended under section 128, for as long as they continue to be in force under that section, or

• (b) any regulations in force under section 123;

“document” means any book, record or other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form;

“establishment day” means the day appointed under section 63;

F1[“establishment day of the Authority” means the day appointed under section 62A;]

“Garda Commissioner” means the Commissioner of the Garda Síochána;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“joint policing committee” means a committee established under section 36;

F1[“local authority” has the meaning it has in the Local Government Act 2001;]

“member”, in relation to the Garda Síochána, means—

• (a) a member of any rank (including the Garda Commissioner) appointed under Part 2 or under an enactment repealed by this Act, and

• (b) a reserve member,

but does not include a member of the civilian staff of the Garda Síochána;

“Minister” means the Minister for Justice, Equality and Law Reform;

“Ombudsman Commission” means the Garda Síochána Ombudsman Commission established under section 64;

F1[“policing principles” shall be read in accordance with section 3B;

“policing services” means the functions of the Garda Síochána referred to in section 7 other than the provision of security services;]

“prescribed” means prescribed by regulation;

“regulations” means regulations continued in force under this Act or made by the Minister under this Act;

“1989 Regulations” means the Garda Síochána (Discipline) Regulations 1989 (S.I. No. 94 of 1989);

“reserve member” means a person appointed under section 15 as a reserve member of the Garda Síochána.

F1[“security services” shall be read in accordance with section 3A;

“Service” means the Public Appointments Service.]

• (2) In this Act—

• (a) a reference to a section, Chapter, Part or Schedule is to a section, Chapter or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

• (b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

• (c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires.

3A. F3[Security services

3A. (1) In this Act "security services", subject to subsection (2), means the functions of the Garda Síochána referred to in section 7 that are concerned with—

• (a) protecting the security of the State including, but not limited to, the following:

• (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;

• (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, and

• (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,

whether directed from, or committed or intended to be committed within, the State or not,

• (b) identifying foreign capabilities, intentions or activities within or relating to the State that impact on the international well-being or economic well-being of the State, and

• (c) co-operating 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 functions of the Garda Síochána referred to in section 7 that are concerned with protecting the security of the State does not include 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.]

3B. F4[Policing principles

3B. In this Act "policing principles" means—

• (a) the principle that policing services are to be provided—

• (i) independently and impartially,

• (ii) in a manner that respects human rights, and

• (iii) in a manner that supports the proper and effective administration of justice,

and

• (b) the principle that effective and efficient policing is dependent on securing the confidence, support and co-operation of local communities and engaging with those communities.]

4. Repeals.

4.— Each enactment specified in Schedule 1 is repealed to the extent specified in column (3) of that Schedule.

5. Expenses.

5.— The expenses incurred in respect of the Garda Síochána F5[and the Authority] under this Act and any other expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of money provided by the Oireachtas.

PART 2 Garda Síochána

Chapter 1 General

6. Continuation of Garda Síochána.

6.— (1) The police force called the Garda Síochána continues in being under this Act as a police service.

• (2) The Government may continue to maintain, equip and pay the Garda Síochána.

7. Function of Garda Síochána.

7.— (1) The function of the Garda Síochána is to provide F6[policing and security, including vetting, services for the State] with the objective of—

• (a) preserving peace and public order,

• (b) protecting life and property,

• (c) vindicating the human rights of each individual,

• (d) protecting the security of the State,

• (e) preventing crime,

• (f) bringing criminals to justice, including by detecting and investigating crime, and

• (g) regulating and controlling road traffic and improving road safety.

• (2) For the purpose of achieving the objective referred to in subsection (1), the Garda Síochána shall co-operate, 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), the Garda Síochána and its members 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 the Garda Síochána have by virtue of any other enactment or at common law.

• (5) This section is not to be taken to confer on any person a right in law that he or she would not otherwise have to—

• (a) require the Garda Síochána to perform a function or provide a service referred to in this section or to desist from any action, or

• (b) seek damages for a member of the Garda Síochána’s performance of, or failure to perform, such function or for his or her provision of, or failure to provide, such service.

8. Prosecution of offences by members of Garda Síochána.

8.— (1) No member of the Garda Síochána in the course of his or her official duties may institute a prosecution except as provided under this section.

• (2) Subject to subsection (3), any member of the Garda Síochána may F7[institute or conduct] prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.

• F8[(2A) Where a prosecution is instituted by a member of the Garda Síochána pursuant to subsection (2), the prosecution may be conducted by that member or any other such member.]

• (3) In deciding whether to institute and in instituting or conducting a prosecution, a member of the Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection (4).

• (4) The Director of Public Prosecutions may give, vary or rescind directions concerning the institution and conduct of prosecutions by members of the Garda Síochána.

• (5) Directions under subsection (4) may be of a general or specific nature and may, among other things, prohibit members of the Garda Síochána from—

• (a) instituting or conducting prosecutions of specified types of offences or in specified circumstances, or

• (b) conducting prosecutions beyond a specified stage of the proceedings.

• (6) If a prosecution is instituted or conducted by a member of the Garda Síochána in the name of the Director of Public Prosecutions—

• (a) the member is presumed, unless the contrary is proved, to have complied with this section and any applicable direction given by the Director under this section, and

• (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 that direction.

• (7) Nothing in this section—

• (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 the Garda Síochána, or

• (b) authorises a member of the 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’s consent.

• (8) For the purpose of this section—

• (a) a direction is of a general nature if it relates to a class of prosecutions, and

• (b) a direction is of a specific nature if it relates to the prosecution of a person for a specific offence.

Chapter 2 Personnel and Organisation

9. Appointment of Garda Commissioner.

F9[9. (1) Subject to this section, the appointment of a person to be the Commissioner of the Garda Síochána shall, upon the nomination of the Authority, be made by the Government.

• (2) The Authority shall not nominate a person under subsection (1) unless it has, with the prior approval in writing of the Government, invited the Service to undertake a selection competition for that purpose and the Service has undertaken such a competition.

• (3) The Authority shall, with the approval of the Minister, agree with the Service the requirements relating to knowledge, ability and suitability for appointment as the Garda Commissioner for the purposes of a selection competition under this section.

• (4) A person shall not be nominated by the Authority under subsection (1) unless it 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 or expertise as is appropriate having regard, in particular, to the functions assigned to the Garda Commissioner by or under this Act.

• (5) The Service shall provide the Authority with particulars of the experience, qualifications, training and expertise of a person whom it recommends for nomination by the Authority under subsection (1) for appointment as the Garda Commissioner.

• (6) Subject to subsection (7), where the Authority nominates a person for appointment as the Garda Commissioner under subsection (1), the Government shall accept the nomination.

• (7)
• (a) In exceptional circumstances, where the Government, for substantial and stated reasons, are unable to accept the nomination by the Authority of a particular person for appointment as the Garda Commissioner, they shall inform the Authority of that fact and the reasons for it and request the Authority to nominate another person for appointment.

• (b) The Authority shall—

• (i) consider the Government’s reasons provided in accordance with paragraph (a), and

• (ii) unless the Authority disagrees with those reasons and wishes to make representations to the Government in that behalf,

nominate another person for appointment.

• (8) A person who holds the office of Garda Commissioner 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.

• (9) The Government shall, as soon as may be, inform the Authority of the resignation of a person under subsection (8).]

10. Appointment of Deputy and Assistant Garda Commissioners.

F10[10. (1) The Government may determine the number of persons who may be appointed to the rank of Deputy Garda Commissioner and, subject to this section, the appointment of a person to that rank shall, upon the nomination of the Authority, be made by the Government.

• (2) The Authority shall not nominate a person under subsection (1) unless it has, with the prior approval in writing of the Government, invited the Service to undertake a selection competition for that purpose and the Service has undertaken such a competition.

• (3) The Authority shall, with the approval of the Minister, agree with the Service the requirements relating to knowledge, ability and suitability for appointment to the rank of Deputy Garda Commissioner for the purposes of a selection competition under this section.

• (4) A person shall not be nominated by the Authority under subsection (1) unless it 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 or expertise as is appropriate having regard, in particular, to the functions that may be assigned to a member of that rank.

• (5) The Service shall provide the Authority with particulars of the experience, qualifications, training and expertise of a person whom it recommends for nomination by the Authority under subsection (1) for appointment to the rank of Deputy Garda Commissioner.

• (6) Subject to subsection (7), where the Authority nominates a person for appointment to the rank of Deputy Garda Commissioner under subsection (1), the Government shall accept the nomination.

• (7)
• (a) In exceptional circumstances, where the Government, for substantial and stated reasons, are unable to accept the nomination by the Authority of a particular person for appointment to the rank of Deputy Garda Commissioner, they shall inform the Authority of that fact and the reasons for it and request the Authority to nominate another person for appointment.

• (b) The Authority shall—

• (i) consider the Government’s reasons provided in accordance with paragraph (a), and

• (ii) unless the Authority disagrees with those reasons and wishes to make representations to the Government in that behalf,

nominate another person for appointment.

• (8) A person who holds the office of Deputy Garda Commissioner 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.

• (9) The Government shall, as soon as may be, inform the Authority of the resignation of a person under subsection (8).]

11. Removal of Garda Commissioner, Deputy Garda Commissioner or Assistant Garda Commissioner from office.

F11[11. (1) Subject to section 12, a person who holds the office of Garda Commissioner or Deputy Garda Commissioner may be removed from office by the Government, but only for stated reasons, including because—

• (a) the person has failed to perform the functions of the office with due diligence and effectiveness or, in the case of the Garda Commissioner, has failed to have regard to any of the matters specified in section 26(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

• (c) the removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda Síochána.

• (2) The Authority 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 if the reasons for removal relate to policing services, and the Government shall consider any such recommendation.

• (3) Subject to section 13A, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Authority, but only for stated reasons related solely to policing services, including because—

• (a) the person has failed to perform the functions of the office relating to policing services with due diligence and effectiveness,

• (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 relating to policing services, or

• (c) the removal of the person from office would, in the opinion of the Authority, be in the best interests of the Garda Síochána.

• (4) Subject to section 12, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Government in circumstances other than those to which subsection (3) relates, but only for stated reasons, including because—

• (a) the person has failed to perform the functions of the office with due diligence and effectiveness,

• (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

• (c) the removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda Síochána.

• (5) On notifying under section 12(1)(a) or 13A(1)(a), as may be appropriate, a person who holds the office of Garda Commissioner, Deputy Garda Commissioner, Assistant Garda Commissioner, chief superintendent or superintendent that the Government or the Authority, as the case may be, intends to consider removing him or her from office, the Government or the Authority, as the case may be, may immediately suspend the person from duty.

• (6) A suspension from duty under subsection (5) continues until the Government or the Authority, as the case may be, makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 12 or 13A, as may be appropriate, in making that decision.

• (7) Subject to subsection (8), the Government shall, as soon as may be, inform the Authority of a proposal to remove a person from office under subsection (1) or (4) and any related suspension from duty under subsection (5).

• (8) The Government shall consult with the Authority before the removal of a person from office under—

• (a) subsection (1), if the reasons for removal relate to policing services, or

• (b) subsection (4), if the reasons for removal include reasons relating to policing services.

• (9) The Authority shall, as soon as may be, inform the Government of a proposal to remove a person from office under subsection (3) and any related suspension from duty under subsection (5).]

12. Steps to be taken before removal of office holder.

12.— F12[(1) Before considering the removal of a person from office under subsection (1) or (4) of section 11, the Government shall—

• (a) notify the person that the Government intends to consider the matter and include in the notification a statement of their reasons for doing so, and

• (b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

• (1A) The Government shall inform the Authority of a notification to a person under subsection (1)(a) if the reasons for the removal from office of the person—

• (a) in the case of a removal under section 11(1), relate either solely or partially to policing services, or

• (b) in the case of a removal under section 11(4), relate partially to policing services.]

• (2) The Government may, if they consider it necessary or appropriate to do so, appoint a person to—

• (a) hold an inquiry into any matter giving rise to a notification under subsection (1), and

• (b) report to the Government on the findings of the inquiry.

• (3) A person appointed under this section to hold an inquiry may do one or more of the following:

• (a) direct a person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

• (b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person’s power or control;

• (c) summon witnesses to attend the inquiry;

• (d) direct a witness to answer a question put to him or her at the inquiry;

• (e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

• (f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

• (4) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (3), the High Court may, on application by the person appointed under this section—

• (a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

• (b) make such other (if any) order 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.

• (5) A person who—

• (a) is notified under subsection (3) and who, without lawful excuse, refuses or fails to comply with a direction under subsection (3)(a) or (b),

• (b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (3)(c),

• (c) refuses to answer a question that the person conducting the inquiry may legally direct him or her to answer, or

• (d) does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 6 months or both.

• F13[(5A) A statement or admission made by a person pursuant to a direction under subsection (3) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (5)).]

• (6) If an inquiry is held, the Government shall—

• (a) consider the report on the findings of the inquiry,

F14[(aa) in a case where the reasons for the proposed removal from office of the person concerned relate either solely or partially to policing services, inform the Authority of the findings of the inquiry in so far as they relate to policing services,]

• (b) make a copy of the report available to the person whose removal from office is the subject of the report, and

• (c) give that person an opportunity to make representations relating to the report.

• (7) As soon as practicable after a person is F15[removed from office under subsection (1) or (4) of section 11], the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.

13. Appointment of members to other ranks.

F16[13. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the number of persons who may be appointed to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent in the Garda Síochána and the Authority may, in accordance with the regulations and having undertaken a selection competition for that purpose, appoint a person to any of those ranks.

• (2) A person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may resign from office by notice in writing addressed to the Authority and the resignation shall take effect on the date the Authority receives the notice or, if a date is specified in the notice and the Authority agrees to that date, on that date.]

13A. F17[Steps to be taken before removal from office by Authority of members of certain ranks

13A. (1) Before considering the removal of a person from office under section 11(3), the Authority shall—

• (a) notify the person that the Authority intends to consider the matter and include in the notification a statement of the reasons for doing so, and

• (b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

• (2) The Authority shall inform the Government of a notification to a person under subsection (1)(a).

• (3) The Authority may, if it considers it necessary or appropriate to do so, appoint a person to—

• (a) hold an inquiry into any matter giving rise to a notification under subsection (1), and

• (b) report to the Authority on the findings of the inquiry.

• (4) A person appointed under this section to hold an inquiry may do one or more of the following:

• (a) direct any person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

• (b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person’s power or control;

• (c) summon witnesses to attend the inquiry;

• (d) direct a witness to answer a question put to him or her at the inquiry;

• (e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

• (f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

• (5) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (4), the High Court may, on application by the person appointed under this section—

• (a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

• (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.

• (6) A person—

• (a) to whom a notice is delivered under subsection (4) and who, without lawful excuse, refuses or fails to comply with a direction under paragraph (a) or (b) of that subsection,

• (b) who fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (4)(c),

• (c) who refuses to answer a question that the person conducting the inquiry may lawfully direct him or her to answer, or

• (d) who does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that 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.

• (7) A statement or admission made by a person pursuant to a direction under subsection (4) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (6)).

• (8) If an inquiry is held, the Authority shall—

• (a) consider the report on the findings of the inquiry,

• (b) make a copy of the report available to the person whose removal from office is the subject of the report, and

• (c) give that person an opportunity to make representations relating to the report.

• (9) As soon as practicable after a person is removed from office under section 11(3), the Authority shall inform the Minister of the removal of the person from office and the reasons for it and the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.]

14. Appointment of members to other ranks and summary dismissal of such members.

14.— (1) The Garda Commissioner may appoint, subject to and in accordance with the regulations, such numbers of persons as he or she sees fit to the ranks of garda, sergeant and inspector in the Garda Síochána.

• (2) Notwithstanding anything in this Act or the regulations, the Garda Commissioner may dismiss from the Garda Síochána a member not above the rank of inspector if—

• (a) the Commissioner is of the opinion that—

• (i) by reason of the member’s conduct (which includes any act or omission), his or her continued membership would undermine public confidence in the Garda Síochána, and

• (ii) the dismissal of the member is necessary to maintain that confidence,

• (b) the member has been informed of the basis for the Commissioner’s opinion and has been given an opportunity to respond to the stated basis for that opinion and to advance reasons against the member’s dismissal,

• (c) the Commissioner has considered any response by the member and any reasons advanced by the member, but the Commissioner remains of his or her opinion, and

• (d) F18[the Authority] consents to the member’s dismissal.

• (3) Subsection (2) is not to be taken to limit the power to make or amend Disciplinary Regulations.

15. Reserve members.

15.— (1) The Garda Commissioner may, subject to subsection (4) and the regulations, appoint persons as reserve members of the Garda Síochána to assist it in performing its functions.

• (2) A person is not eligible to be appointed as a reserve member unless he or she has completed the prescribed training.

• (3) Subject to subsection (5), a reserve member has, while on duty, the same powers, immunities, privileges and duties as a person appointed under section 14 to the rank of garda.

• (4) The power to appoint persons under subsection (1) may be exercised only if—

• (a) the Garda Commissioner has submitted proposals to F19[the Authority] for the training of persons to be so appointed, and

• (b) regulations have been made concerning their recruitment and training and prescribing the terms and conditions of their position.

• (5) The Garda Commissioner F20[, following consultation with the Authority,] may determine the range of powers to be exercised and duties to be carried out by reserve members.

• F21[(6) A reserve member is a volunteer and does not perform his or her functions as such a member under a contract of employment.]

16. Solemn declaration.

16.— (1) On being appointed, each member of the Garda Síochána shall make before a Peace Commissioner a declaration in the following form:

“I hereby solemnly and sincerely declare before God that—

• • I will faithfully discharge the duties of a member of the Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and according equal respect to all people,

• • while I continue to be a member, I will to the best of my skill and knowledge discharge all my duties according to law, and

• • I do not belong to, and will not while I remain a member form, belong to or subscribe to, any political party or secret society whatsoever.”.

• (2) The words “before God” may be omitted from the declaration at the request of the declarant.

17. Code of ethics.

F22[17. (1) The Authority shall, within 12 months of the establishment day of the Authority, establish a code of ethics that includes—

• (a) standards of conduct and practice for members, and

• (b) provisions to encourage and facilitate the reporting by members of wrongdoing in the Garda Síochána.

• (2) The Authority shall, before establishing a code of ethics under this section, consult with the following about the content of the code:

• (a) the Minister;

• (b) the Minister for Public Expenditure and Reform;

• (c) the Garda Commissioner;

• (d) the representative associations established under section 18 of this Act or section 13 of the Garda Síochána Act 1924;

• (e) any recognised trade union or staff association representing members of the civilian staff of the Garda Síochána;

• (f) the Irish Human Rights and Equality Commission;

• (g) the Standards in Public Office Commission;

• (h) the Ombudsman Commission;

• (i) any other person or body appearing to the Authority to have an interest in the matter.

• (3) In preparing a code of ethics under this section, the Authority shall have regard to—

• (a) the policing principles,

• (b) the standards, practices and procedures applicable to the conduct of police officers in other Member States of the European Union, and

• (c) any relevant recommendations of the Council of Europe.

• (4) A code of ethics, or specified provisions of such a code, established under this section may apply with such modifications as may be specified therein to members of the civilian staff of the Garda Síochána.

• (5) The Authority may, in like manner to the establishment of a code of ethics under this section, amend or revoke such a code.

• (6) Whenever the Authority establishes, amends or revokes a code of ethics under this section, the Authority shall provide the Minister with a copy of the code as so established, amended or revoked and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.

• (7) The Authority shall publish a code of ethics established under this section in such manner as it considers appropriate.

• (8) The Garda Commissioner shall take such steps as are necessary to ensure that all members have read and understood a code of ethics established under this section and that a record is kept of the steps so taken in relation to each member.]

18. Representative associations.

18.— (1) For the purpose of representing members of the Garda Síochána in all matters affecting their welfare and efficiency (including pay, pensions and conditions of service), there may be established, in accordance with the regulations, one or more than one association for all or any one or more of the ranks of the Garda Síochána below the rank of Assistant Garda Commissioner.

• (2) An association established under subsection (1) must be independent of and not associated with any body or person outside the Garda Síochána, but it may employ persons who are not members of the Garda Síochána.

• (3) A member of the Garda Síochána shall not be or become a member of any trade union or association (other than an association established under this section or section 13 of the Garda Síochána Act 1924) any object of which is to control or influence the pay, pensions or conditions of service of the Garda Síochána.

• (4) If any question arises whether any body or association is a trade union or association referred to in subsection (3), the question shall be determined by the Minister whose determination shall be final.

• (5) The Minister—

• (a) may, notwithstanding subsection (2), authorise an association established under this section to be associated with a person or body outside the Garda Síochána in such cases and in such manner and subject to such conditions or restrictions as he or she may specify, and

• (b) may vary or withdraw any such authorisation.

• (6) An association established under this section for the purpose of representing members of the Garda Síochána holding the rank of Garda may include persons admitted, in accordance with the regulations, to training for membership in the Garda Síochána.

19. Civilian staff.

19.— (1) F23[Subject to subsection (2A), the Garda Commissioner may appoint] such numbers of persons as civilian staff of the Garda Síochána F23[as may be approved by the Authority with the consent of the Minister and] the Minister for Finance.

• (2) The Garda Commissioner shall determine the grades of civilian staff and the numbers in each grade in the categories of professional, administrative and specialist staff, F23[as may be approved by the Authority with the consent of the Minister and] the Minister for Finance.

• F24[(2A) The civilian staff of the Garda Síochána of grades that are equivalent to or above that of chief superintendent in the Garda Síochána shall be appointed by the Authority.]

• (3) A member of civilian staff of the Garda Síochána is a civil servant of the Government.

• (4) F25[…]

• (5) Every member of the staff of the Department of Justice, Equality and Law Reform designated by order of the Minister for the purposes of this section shall, on being so designated, be transferred to and become a member of the civilian staff of the Garda Síochána.

• (6) Before making an order for the purpose of subsection (5), the Minister shall—

• (a) notify in writing any recognised trade union or staff association concerned of the Minister’s intention to do so, and

• (b) consider, within such time as may be specified in the notification, any representations made by that trade union or staff association in relation to the matter.

• (7) Schedule 2 has effect in relation to staff transferred under this section.

Chapter 3 Roles of Minister and Garda Commissioner

20. F26[Setting of priorities by Authority for policing services]

F26[20. (1) The Authority shall, in accordance with this section and with the approval of the Minister—

• (a) determine, and from time to time revise, priorities for the Garda Síochána in performing its functions relating to policing services, and

• (b) establish, and from time to time revise, levels of performance ("performance targets") to be aimed at in seeking to achieve the objective of each priority referred to in paragraph (a).

• (2) The Authority shall consult with the Garda Commissioner before determining or revising priorities or establishing or revising performance targets under this section.

• (3) Where the Minister approves the determination or revision of priorities or the establishment or revision of performance targets, as the case may be, he or she shall convey that approval in writing.

• (4) As soon as practicable after the determination or revision of priorities and the establishment or revision of performance targets, the Authority shall supply the Minister and the Garda Commissioner with a copy of the determined priorities, the established performance targets and any revisions to those priorities or performance targets.

• (5) As soon as practicable after the Minister receives a copy of the determined priorities, the established performance targets or any revisions to those priorities or performance targets under subsection (4), the Minister shall cause a copy of them to be laid before each House of the Oireachtas.

• (6) The Garda Commissioner shall—

• (a) inform the Authority of the measures taken to achieve the objectives of the priorities determined and performance targets established under this section and of the outcome of those measures, and

• (b) supply that information within the time specified by the Authority or, if no such time is specified, in the annual report submitted to the Authority under section 46.]

20A. F27[Setting of priorities by Minister for security services

20A. (1) The Minister may—

• (a) determine, and from time to time revise, priorities for the Garda Síochána in performing its functions relating to security services, and

• (b) establish, and from time to time revise, levels of performance ("performance targets") to be aimed at in seeking to achieve the objective of each priority referred to in paragraph (a).

• (2) The Minister shall—

• (a) consult with the Garda Commissioner before determining or revising priorities or establishing or revising performance targets, and

• (b) supply the Garda Commissioner with a copy of the determined priorities, the established performance targets and any revisions to those priorities or performance targets.

• (3) Subject to subsection (4), as soon as practicable after the determination or revision of priorities and the establishment or revision of performance targets, the Minister shall cause a copy of the priorities or performance targets or revisions thereto, as the case may be, to be laid before each House of the Oireachtas.

• (4) The Minister may exclude from the copy of the priorities or performance targets or revisions thereto, as the case may be, to be laid before each House of the Oireachtas any matter that, in his or her opinion—

• (a) would be prejudicial to the interests of national security, or

• (b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

• (5) The Garda Commissioner shall—

• (a) inform the Minister of the measures taken to achieve the objectives of the priorities determined and performance targets established under this section and of the outcome of those measures, and

• (b) supply that information within the time specified by the Minister.]

21. Strategy statement.

21. F28[(1) Subject to subsection (6) —

• (a) not later than 6 months after the establishment day of the Authority, and

• (b) not later than 3 months before the expiry of the period to which the previous strategy statement relates,

the Garda Commissioner shall submit to the Authority for its approval (with the consent of the Minister) a strategy statement for the Garda Síochána and for policing services for the following 3 years.]

• (2) The strategy statement F29[…] must include the following:

• (a) a mission statement;

• (b) medium term objectives, the strategies to achieve those objectives and the expected outputs and outcomes;

• (c) an identification of issues of concern to Departments of State and agencies in the State and a plan for managing those issues.

• (3) In preparing the strategy statement, the Garda Commissioner shall have regard to the following matters:

• (a) relevant Government policy;

• F30[(b) the priorities determined by the Authority under section 20 relating to policing services and any priorities that may be determined by the Minister under section 20A relating to security services;]

• (c) the resources expected to be available to the Garda Síochána for the period to which the statement F30[relates;]

• (d) the need to ensure the most beneficial, effective and F30[efficient use of those resources;]

• F31[(e) the policing principles]

• (4) F32[The Authority shall, with the consent of the Minister, approve] the strategy statement—

• (a) in the form of the draft submitted, or

• F32[(b) with such amendments as the Authority with the consent of the Minister, after consulting with the Garda Commissioner, may determine.]

• F32[(5) As soon as practicable after the approval of the strategy statement under subsection (4), the Authority shall send a copy of the approved strategy statement to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.]

• (6) F32[The Authority] may direct that the strategy statement be submitted at shorter intervals than every 3 years and cover a shorter period than 3 years.

22. Annual policing plan.

22.—F33[(1) The Garda Commissioner shall each year prepare a policing plan setting out the proposed arrangements for policing services for the following year.]

• (2) In preparing a policing plan, the Garda Commissioner shall have regard to the following:

• (a) the priorities determined and performance targets established under section 20;

• (b) the strategy statement in operation under section 21 during the year to which the plan relates;

• (c) relevant directives issued under section 25;

• (d) the resources expected to be available to the Garda Síochána for that year and the proposed allocation of those resources;

• (e) relevant F33[Government policy;]

• F34[(f) the policing principles.]

• (3) In preparing the policing plan, the Garda Commissioner may have regard to the most recent report of each joint policing committee.

• (4) Before the month of November in each year, the Garda Commissioner shall submit to F35[the Authority] for approval a draft of the policing plan for the following year.

• (5) F35[The Authority shall, with the consent of the Minister, approve] the policing plan—

• (a) in the form of the draft submitted, or

• F35[(b) with such amendments as the Authority with the consent of the Minister, after consulting with the Garda Commissioner, may determine.]

• F35[(6) As soon as practicable after the approval of the policing plan under subsection (5), the Authority shall send a copy of the approved policing plan to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.]

23. Three year review report.

23.— (1) At the end of each 3 year period, the Garda Commissioner shall submit to F36[the Authority] a report, prepared by the Commissioner, containing a review of the efficiency and effectiveness of the management and deployment of resources available to the Garda Síochána F37[for policing services] during that 3 year period.

• (2) The first 3 year period begins on the day this section comes into operation and each subsequent 3 year period begins on the day after the end of the period for which the previous report was submitted.

• (3) The report may contain recommendations that the Garda Commissioner considers necessary for improving the management and deployment of resources.

• (4) As soon as practicable F38[after receiving the report, the Authority shall send a copy of the report to the Minister and the Minister shall], subject to subsection (5), cause a copy of it to be laid before each House of the Oireachtas.

• (5) The Minister may exclude from the copies of reports that are to be laid before the Houses of the Oireachtas any matter that, in his or her opinion—

• (a) would be prejudicial to the interests of national security, or

• (b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

24. Professional Standards Unit.

24.— (1) As soon as practicable after the commencement of this section, the Garda Commissioner shall establish a Professional Standards Unit, to be headed by an officer not below the rank of chief superintendent, to—

• (a) examine and review, as directed by the Commissioner, the operational, administrative and management performance of the Garda Síochána at all levels,

• (b) propose measures to the Commissioner to improve that performance, and

• (c) promote the highest standards of practice, as measured by reference to the best standards of comparable police services, in operational, administrative and management matters relating to the Garda Síochána.

• (2) Not later than 31 March in each year, the Garda Commissioner shall submit a report to F39[the Authority] on the activities of the Professional Standards Unit in the preceding year.

25. Directives.

25.— (1) Following the approval of the Government, the Minister may issue to the Garda Commissioner written directives concerning any matter relating to the Garda Síochána.

• F40[(1A) The Authority may recommend to the Minister that a directive concerning a specified matter relating to policing services be issued under subsection (1).

• (1B) Following the approval of the Government, the Minister may issue to the Authority written directives concerning any matter relating to policing services insofar as the matter concerned relates to the functions of the Authority under this Act.]

• F41[(2) The Garda Commissioner and the Authority shall, in performing their respective functions under this Act, comply with any directive issued to the Commissioner or the Authority, as the case may be, under this section.]

• (3) As soon as practicable after issuing a directive under this section, the Minister shall cause a copy of the directive to be laid before each House of the Oireachtas, but if compliance with this requirement might prejudice the security of the State or might impede the prevention, investigation or prosecution of an offence, it is sufficient if a written statement indicating that a directive has been issued is laid before each House.

• (4) The Minister’s power under subsection (1) may not be exercised to limit the independence of a member of the Garda Síochána in performing functions relating to the investigation of a specific offence or the prosecution of an offence as authorised by section 8.

• (5) The Garda Commissioner shall inform the Minister of the measures taken by the Commissioner to comply with a directive issued under this section and supply the information within the time specified by the Minister.

• F42[(6) The Authority shall inform the Minister of the measures taken by the Authority to comply with a directive issued to it under this section and supply the information within the time specified by the Minister.

• (7) The Minister shall supply the Authority with the information supplied to him or her by the Garda Commissioner under subsection (5) regarding the measures taken by the Garda Síochána to comply with a directive issued to the Commissioner under this section if and insofar as the directive and that information relate to policing services.]

26. Functions of Garda Commissioner.

26.— (1) Subject to this Act and the regulations, the Garda Commissioner has the following functions:

• (a) to direct and control the Garda Síochána;

• (b) to carry on and manage and control generally the administration and business of the Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff;

• (c) to advise the Minister on policing and security matters;

• F43[(ca) to assist and co-operate with the Authority in order to facilitate the performance by the Authority of its functions under this Act;]

• (d) to perform any other functions that are assigned to him or her by this Act or that may, by regulation, be assigned to him or her.

• (2) In performing his or her functions, the Garda Commissioner shall have regard to the following matters:

• (a) the objective of promoting effectiveness, efficiency and economy in the Garda Síochána;

• (b) the priorities and performance targets in operation F44[under sections 20 and 20A] at the relevant time;

• (c) any relevant policies of the Minister or the Government;

• (d) the strategy statement in operation under section 21 at that time;

• (e) the annual policing plan prepared under section 22;

• F44[(f) any directive issued to him or her under section 25;

• (g) the policing principles.]

• (3) The Garda Commissioner is accountable to the Minister for the performance of the Commissioner’s functions and those of the Garda Síochána.

27. Arrangements for obtaining views of public.

27.— (1) The Garda Commissioner F46[and the Authority, having regard to the respective functions of the Commissioner and the Authority under this Act,] shall make arrangements for obtaining the views of the public about F47[matters concerning policing services].

• (2) Before making any arrangements under this section, the Garda Commissioner shall consult with F48[the Authority] about the proposed arrangements and F48[the Authority] may approve the arrangements—

• (a) as proposed, or

• (b) with such revisions as F48[the Authority], after consulting with the Commissioner, may determine.

28. Power to enter into agreements with other law enforcement agencies.

28.— (1) With the prior consent of the Government, the Garda Commissioner may, on behalf of the Garda Síochána, enter into an agreement with a police service or other law enforcement agency outside the State.

• (2) The agreement may provide for the co-operation of the parties or the exchange of information or such other matters as the Garda Commissioner thinks fit.

28A. F49[Power to enter into agreements with relevant persons or bodies outside the State

28A. (1) The Garda Commissioner may, with the prior consent of the Government, enter into an agreement on behalf of the Garda Síochána with a relevant person or body for the purpose of facilitating the performance by each party to the agreement of their respective functions, which agreement may, for that purpose, provide for—

• (a) the co-operation of the parties,

• (b) the exchange of information between the parties, or

• (c) such other matters as the Garda Commissioner thinks fit.

• (2) Subject to the General Data Protection Regulation and the Data Protection Acts 1988 to 2018, the Garda Commissioner may, pursuant to and in accordance with the terms of an agreement under this section, provide information to, and receive information from, the other party to the agreement.

• (3) In this section—

"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ¹on 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;

"relevant person or body" means a person or body outside the State in whom or in which functions are vested under the law of a place other than the State that are equivalent, or similar, to the functions of—

• (a) the Ombudsman Commission under this or any other enactment,

• (b) the Garda Síochána Inspectorate under this or any other enactment,

• (c) the Authority under this or any other enactment,

• (d) a coroner under the Coroners Act 1962,

• (e) a commission of investigation under the Commissions of Investigation Act 2004,

• (f) a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, or

• (g) the Criminal Assets Bureau.]

29. Powers relating to contracts, bank accounts, etc.

29.— (1) Subject to this Act and the regulations, the Garda Commissioner may, for the purposes of performing his or her functions under this Act in relation to the administration and business of the Garda Síochána—

• (a) enter on behalf of the Garda Síochána into a contract with any person or body concerning any matter arising in relation to those functions,

• (b) with the prior consent of the Minister and the Minister for Finance, operate in the State or elsewhere bank accounts of any description, and

• (c) do any other thing necessary for enabling the Commissioner to perform those functions.

• (2) Subject to the consent of the Minister and the Minister for Finance, the power conferred by subsection (1)(a) includes the power to engage consultants or advisers to assist the Garda Commissioner in performing functions under this Act.

• (3) The power conferred by subsection (1)(a) does not include the power to enter into a contract relating to land or an interest in land.

• (4) The Garda Commissioner may sue and be sued in the name of his or her office.

• (5) 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.

• (6) Subsection (5) applies whether or not the contract was entered into pursuant to a power delegated under section 31.

• (7) Notwithstanding subsection (1)(b), the Garda Commissioner does not have power to borrow money by means of a bank overdraft or otherwise.

30. Provision of police services for certain events, etc.

30.— (1) At the request of a person, the Garda Commissioner may provide and charge for police services for events on private property or in areas open to the public or, subject to the regulations, for police services of a kind described in subsection (3), if—

• (a) it is in the public interest and consistent with the functions of the Garda Síochána to provide the services, and

• (b) the Commissioner is satisfied that the person has paid or will pay to the Commissioner the charges for the services.

• (2) The following are examples of the types of events for which police services may be provided under this section:

• (a) sports fixtures;

• (b) concerts;

• (c) festivals and exhibitions;

• (d) meetings and conferences;

• (e) the making of films, videos, television programmes and advertisements;

• (f) appearances by individuals or groups of individuals likely to attract large numbers of people.

• (3) Police 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, but only in the circumstances and to the extent authorised by regulation under section 122(1)(o).

• (4) Subject to any regulation under section 122(1)(p), the Garda Commissioner may set charges for police services provided under this section that are sufficient to cover the costs of providing those services.

• (5) The Public Offices Fees Act 1879 does not apply to any charges payable under this section.

• (6) 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.

31. Delegation of Garda Commissioner’s functions.

31.— (1) Subject to the regulations, the Garda Commissioner may, in writing, delegate any of his or her functions under this Act to—

• (a) members of the Garda Síochána specified by rank or name, or

• (b) members of the Garda Síochána’s civilian staff specified by grade, position, name or otherwise.

• (2) A delegation under this section may—

• (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,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the Garda Commissioner at any time.

• (3) The delegation of a function does not preclude the Garda Commissioner from performing the function.

• (4) Where the Garda Commissioner’s functions under a provision of this Act are delegated to a person, any references in that provision to the Commissioner are to be read as references to that person.

• (5) 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.

32. Exercise of functions in Garda Commissioner’s absence.

32.— (1) The Minister may authorise a Deputy Garda Commissioner to perform the functions of the Garda Commissioner—

• (a) during any absence, incapacity or suspension from duty of the Garda Commissioner, or

• (b) during any vacancy in the office of Garda Commissioner.

• F50[(2) During any absence of the Garda Commissioner or other circumstance referred to in paragraph (a) or (b) of subsection (1), the Minister may authorise an Assistant Garda Commissioner to perform the functions of the Garda Commissioner—

• (a) where the offices at the rank of Deputy Garda Commissioner are vacant, or

• (b) during any absence, incapacity or suspension from duty of all officers at the rank of Deputy Garda Commissioner.]

• F51[(3) The Minister shall notify the Authority of an authorisation given by him or her under subsection (1) or (2).

• (4) Where a Deputy Garda Commissioner or an Assistant Garda Commissioner is authorised under this section to perform the functions of the Garda Commissioner, the provisions of section 11 relating to the removal from office of the Garda Commissioner (and not those relating to a Deputy Garda Commissioner or an Assistant Garda Commissioner, as the case may be) shall apply to such a Deputy Garda Commissioner or Assistant Garda Commissioner if the reasons for his or her removal from office relate to the performance of those functions during the period of his or her authorisation under this section.]

33. Distribution of Garda Síochána.

33.— (1) Subject to section 22, the Garda Commissioner shall determine the manner in which the Garda Síochána are to be distributed and stationed throughout the State.

• (2) The Garda Commissioner shall, to the extent practicable, ensure that members of the Garda Síochána stationed in a district 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.

• (3) 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 F52and continued to be such an area by [section 7](https://www.irishstatutebook.ie/eli/2012/act/34/section/7)(1) of the [Gaeltacht Act 2012].

Chapter 3A Amendment of Garda Síochána Act 2005

33A. F54[Establishment day.

33A.— F55[…]]

33B. F56[Establishment of Garda Síochána Executive Management Board.

33B.— F57[…]]

33C. F58[Membership of Board.

33C.— F59[…]]

33D. F60[Appointment, etc., of non-executive members.

33D.— F61[…]]

33E. F62[Function of Board.

33E.—F63[…]]

33F. F64[Provision of information to non-executive members by Garda Commissioner.

33F.— F65[…]]

33G. F66[Reports to Minister.

33G.— F67[…]]

33H. F68[Saving.

33H.— F69[…]]

Chapter 4 Co-operation with Local Authorities and Security in Public Places

34. Definitions (Chapter 4).

34.— In this Chapter, unless the context otherwise requires, “administrative area” F70[…] and “public authority” have the meanings given by section 2 of the Local Government Act 2001.

35. Guidelines concerning joint policing committees.

35.— F71[(1) The Authority shall, after consulting with the Minister and the Minister for the Environment, Community and Local Government, issue to local authorities and the Garda Commissioner guidelines concerning the establishment and maintenance of joint policing committees by local authorities and the Garda Commissioner.]

• (2) Guidelines issued under this section concerning a joint policing committee may include provision for—

• (a) the establishment of the committee,

• (b) the membership of the committee, including the appointment to it of—

• (i) members of the local authority concerned nominated by it for such appointment,

• (ii) members of the Garda Síochána nominated by the Garda Commissioner in accordance with subsection (3),

• (iii) F71[members of the Houses of the Oireachtas],

• (iv) persons nominated by other public authorities, and

• (v) such other persons (including persons representing local community interests) as may be provided for in the guidelines,

• (c) the appointment as chairperson of the committee of a member of the local authority concerned who has been nominated in accordance with paragraph (b)(i),

• (d) the term of office of the chairperson and other members of the committee,

• (e) matters arising in connection with the attendance at committee meetings of members who are also F71[members of the Houses of the Oireachtas],

• (f) the circumstances in which committee meetings may be held otherwise than in public,

• (g) the establishment, membership, terms of reference and procedures of subcommittees,

• (h) the preparation of reports by the committee, their ratification by the local authority concerned and their distribution,

• (i) the co-operation of the committee with other joint policing committees,

• (j) the joint action of the committee and other joint policing committees,

• (k) the funding of the committee and F71[any subcommittees,]

• F71[(l) the establishment and operation by the committee as it considers necessary of local policing fora within neighbourhoods of the administrative area of the local authority concerned to discuss and make recommendations to the committee concerning matters that the committee is to keep under review under section 36(2)(a) or on which the committee is to advise under section 36(2) (b), insofar as those matters affect their neighbourhoods,

• (m) the co-operation of, and consultation by, the committee with such other public authorities, bodies or persons, including local policing fora referred to in paragraph (l), as may be required by the committee in the performance of its functions, and

• (n) such other matters as the Authority considers appropriate.]

• (3) In nominating members of the Garda Síochána for appointment to a joint policing committee, the Garda Commissioner shall have regard to the need to ensure that such members are of appropriate rank and seniority.

• F71[(4) The Authority may, after consulting with the Minister and the Minister for the Environment, Community and Local Government—

• (a) revise any guidelines issued under this section, or

• (b) withdraw those guidelines and issue new guidelines.

• (5) The Authority shall supply a copy of guidelines issued under this section, and of any revisions to them, to the Minister as soon as practicable after the guidelines are issued or revised and the Minister shall cause a copy of such guidelines, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.]

• F72[(6) The Authority may convene meetings of the chairpersons, and such other members as the Authority considers appropriate, of joint policing committees for the purpose of coordinating, or otherwise facilitating, the performance by such committees of the functions assigned to them.]