Garda Síochána Act 2005

36. Establishment and functions of joint policing committees.

36.— (1) A local authority and the Garda Commissioner shall arrange for the establishment of a joint policing committee in accordance with guidelines issued under section 35.

• (2) The joint policing committee’s function is to serve as a forum for consultations, discussions and recommendations on matters affecting the policing of the local authority’s administrative area, and in particular to—

• (a) keep under review—

• (i) the levels and patterns of crime, disorder and antisocial behaviour in that area (including the patterns and levels of misuse of alcohol and drugs), and

• (ii) the factors underlying and contributing to the levels of crime, disorder and anti-social behaviour in the area,

• (b) advise the local authority concerned and the Garda Síochána on how they might best perform their functions having regard to the need to do everything feasible to improve the safety and quality of life and to prevent crime, disorder and anti-social behaviour within the area,

• (c) arrange and host public meetings concerning matters affecting the policing of the local authority’s administrative area,

• (d) F73[…]

• (e) co-ordinate the activities of F74[local policing fora established in accordance with guidelines issued under section 35].

• (3) F75[…]

• (4) Neither the joint policing committee nor any of its subcommittees may consider matters relating to a specific criminal investigation or prosecution or matters relating to the security of the State.

• (5) Not later than 3 months after the end of each year, the joint policing committee shall—

• (a) submit to the local authority a report on the performance of its functions during the preceding year, and

• (b) supply a copy of the report to F76[the Authority,] the Minister, the Garda Commissioner and such other persons as may be specified in the guidelines issued under section 35.

• (6) A statement that, in the course of a discussion at a meeting of a joint policing committee or of any of its subcommittees, is made in any form and without malice by a member of the committee or subcommittee or by a person attending the meeting at the request of the committee or subcommittee is privileged for purposes of the law of defamation and so is any subsequent publication of the statement made without malice.

37. Duty of local authorities.

37.— (1) A local authority shall, in performing its functions, have regard to the importance of taking steps to prevent crime, disorder and anti-social behaviour within its area of responsibility.

• (2) Subsection (1) is not to be taken to confer on any person a right in law that the person would not otherwise have to require a local authority to take any steps referred to in that subsection or to seek damages for a local authority’s failure to take such steps.

38. Security in public places.

38.— (1) The Garda Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places by facilitating the deterrence, prevention, detection and prosecution of offences.

• (2) The Garda Commissioner shall specify the areas within which, based on the information available to him or her, the installation and operation of CCTV is warranted for the purpose specified in subsection (1).

• (3) Authorisation may be given to any or all of the following:

• (a) members of the Garda Síochána;

• (b) persons who meet the established criteria and who are retained under a contract with the Garda Commissioner;

• (c) persons who meet the established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area.

• (4) The Garda Commissioner shall establish criteria for the purposes of subsection (3)(b).

• (5) F77[The Authority shall, by order, made with the approval of the Government], establish criteria for the purposes of subsection (3)(c) and may establish different criteria for different classes of applicants for authorisation.

• (6) An authorisation may contain such terms and conditions as the Garda Commissioner considers necessary—

• (a) generally for the purpose of this section, and

• (b) in relation only to an authorisation given under subsection (3)(c), for the purposes of controlling and supervising the operation of the CCTV to which the authorisation relates.

• (7) A person given an authorisation under subsection (3)(c) shall ensure that members of the Garda Síochána have access at all times to the CCTV to which that authorisation relates for the purpose of—

• (a) supervising and controlling the operation of the CCTV on behalf of the Garda Commisioner, or

• (b) retrieving information or data recorded by the CCTV.

• (8) The Garda Commissioner may—

• (a) issue directions to authorised persons in relation to the installation and operation of CCTV, and

• (b) with F77[the consent of the Authority], revoke, for failure to comply with the terms and conditions of the authorisation or with a direction issued by the Commissioner, an authorisation given under subsection (3)(c).

• (9) On being notified by the Garda Commissioner of the revocation of an authorisation under subsection (8), the person to whom the authorisation was given shall terminate the operation of the CCTV to which the revoked authorisation relates.

• (10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (11) F77[The Authority, with the consent of the Minister]—

• (a) shall issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons, and

• (b) may revise those guidelines or may withdraw them and issue new guidelines.

• F77[(12) The Authority shall supply a copy of any 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 any 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.]

• (13) This section does not apply to the installation or operation of CCTV on any premises by the owner or occupier of the premises for the purpose of safeguarding persons or property on the premises or in its environs.

• (14) In this section—

“authorisation” means an authorisation given by the Garda Commissioner under this section;

“authorised person” means a person referred to in subsection (3)(b) or (c) who holds an authorisation;

“CCTV” means any fixed and permanent system employing optical devices for recording visual images of events occurring in public places;

“operation”, in relation to CCTV, includes the maintainance and monitoring of CCTV;

“public place” means a place to which the public have or are permitted access, whether as of right or by express or implied permission;

“specified area” means an area specified under subsection (2).

Chapter 5 Accountability of Members for discharge of official duties and duty of Garda Commissioner to account to the Government, etc.

39. Duty of members of Garda Síochána to account.

39.— (1) A member of the Garda Síochána shall, when directed to do so by a member of a higher rank F80[or a designated officer of the Ombudsman Commission], account for any act done or omission made by the member while on duty.

• (2) A failure to comply with a direction under subsection (1) shall be the subject of disciplinary action in accordance with the Disciplinary Regulations.

• (3) The member concerned shall be informed by the member of higher rank F80[or designated officer] that such failure may lead to dismissal from the Garda Síochána.

• (4) Any information provided by a member of the Garda Síochána in accordance with a direction under subsection (1) is not admissible in any criminal proceedings against the member and this shall be explained to the member in ordinary language by the member of higher rank F80[or designated officer].

• (5) For the purpose of subsection (4) “criminal proceedings” does not include disciplinary proceedings.

40. Duty of Garda Commissioner to account to Government and provide material to Attorney General.

40.— (1) The Garda Commissioner shall account fully to the Government and the Minister through the Secretary General of the Department of Justice, Equality and Law Reform for any aspect of his or her functions.

• F81[(1A) Notwithstanding subsection (1), the Garda Commissioner shall report to the Authority with regard to policing services in order to facilitate the performance by the Authority of its functions under this Act.]

• (2) The Garda Commissioner’s duty under subsection (1) includes the duty to provide, on request by the Secretary General, any document in the power or control of the Garda Síochána, including material in the form of Garda records, statements made by members F82[…] and by other persons and reports.

• F83[(2A) The Garda Commissioner’s duty under subsection (1A) includes the duty to provide, on request by the Authority, any document relating to policing services in the power or control of the Garda Síochána.]

• (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.

41. Duty of Garda Commissioner to provide information to Minister.

41.— (1) The Garda Commissioner shall keep the Minister and the Secretary General of the Department of Justice, Equality and Law Reform fully informed of the following:

• (a) matters relating to significant developments concerning—

• (i) the preservation of peace and public order in the State,

• (ii) the protection of life and property in the State, and

• (iii) the protection of the security of the State;

• (b) significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána;

• (c) matters relevant to the accountability of the Government to the Houses of the Oireachtas;

• (d) 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 policing or security of the State or the performance of the Commissioner’s other functions that may be specified in the requirement.

• (3) A report under subsection (2) must—

• (a) address matters of general or specific concern that are specified in the Minister’s requirement, and

• (b) be made in the form and within the period specified in the requirement.

• F84[(3A) If and insofar as a report under subsection (2) relates to matters concerning policing services, the Minister shall inform the Authority of those matters.]

• (4) The Minister may publish all or part of a report submitted under this section.

41A. F85[Duty of Garda Commissioner to provide information to Authority

41A. (1) The Garda Commissioner shall keep the Authority fully informed of the following:

• (a) matters relevant to the functions of the Authority under this Act;

• (b) any other matters that, in the opinion of the Commissioner, should be brought to the attention of the Authority having regard to its functions under this Act.

• (2) Whenever required by the Authority, the Garda Commissioner shall submit to the Authority a report on any matters connected with policing services or the performance of the functions of the Commissioner relating to such services that may be specified in the requirement.

• (3) A report under subsection (2) shall—

• (a) address the matters of general or specific concern that are specified in the Authority’s requirement, and

• (b) be made in the form and within the period specified in that requirement.

• (4) The Authority may publish all or a part of a report submitted under this section.]

42. F86[Special inquiries relating to Garda Síochána.

42.—F87[ (1) The Minister may, with respect to any matter considered by him or her to be of public concern, on his or her own initiative or, in the case of a matter relating to policing services, either—

• (a) having consulted with the Authority, or

• (b) on the request of the Authority, where the Authority is satisfied that an inquiry should be ordered,

by order appoint a person to—

• (i) inquire into any aspect of the administration, operation, practice or procedure of the Garda Síochána, or the conduct of its members, and

• (ii) make a report to the Minister on the conclusion of the inquiry.

• (1A) If, following a request under paragraph (b) of subsection (1) from the Authority to do so, the Minister does not make an order under that subsection, the Minister shall inform the Authority of his or her reasons for not doing so.]

• (2) A person who, in the Minister’s opinion, has the experience, qualifications, training or expertise appropriate for the inquiry may be appointed to conduct the inquiry.

• F88[(3) The Minister shall, subject to subsection (3A), specify the terms of reference of the inquiry in the order under subsection (1) and may, by order, made at any time before the submission of the final report, amend those terms of reference for the purpose of clarifying, limiting or extending the scope of the inquiry.

• (3A) Where the matter the subject of the inquiry relates to policing services, the Minister shall consult with the Authority before specifying or amending, as the case may be, the terms of reference of the inquiry.]

• (4) For the purpose of the inquiry, the appointed person—

• (a) may require a member of the Garda Síochána, F89[a member of the Authority nominated for that purpose by the Authority,] or any other person, who possesses information or possesses or controls a document or thing that is relevant to the inquiry to provide the information, document or thing to the appointed person, and

• (b) where appropriate, may require the member F89[, member of the Authority] or other person to attend before the appointed person for that purpose.

• (5) The member F89[, the member of the Authority] or other person shall co-operate with the inquiry and answer fully and truthfully any question put to him or her by the appointed person.

• F90[(6) Where the member, member of the Authority or other person fails to comply with a requirement under subsection (4), the High Court may, on application by the appointed person and on notice to the member, member of the Authority or other person, as may be appropriate—

• (a) order the member, member of the Authority or person to comply with the requirement, and

• (b) include in the order any other provision it considers necessary to enable the order to have full effect.]

• (7) If the member F89[, member of the Authority] or other person fails to comply with such an order, the Court may treat the failure for all purposes as if it were a contempt of the Court.

• (8) A failure by the member to comply with a requirement under subsection (4) may be the subject of disciplinary action in accordance with the Disciplinary Regulations.

• (9) Any information, document or thing provided by a person in accordance with a requirement under subsection (4) is not admissible in any criminal proceedings against the person, and this shall be explained to the person in ordinary language by the appointed person.

• (10) The Minister may publish all or part of any report received under this section.

• (11) This section applies even if the matter considered by the Minister to be of public concern arose before the passing of this Act.

• (12) The power to order an inquiry under this Act is additional to any power conferred by this or another Act relating to inquiries or investigations.

• (13) In this section—

"appointed person" means a person appointed under this section to conduct an inquiry;

"criminal proceedings" does not include disciplinary proceedings.]

Chapter 6 Accountability

43. Accountability for accounts of Garda Síochána.

43.— (1) The Garda Commissioner is the accounting officer in relation to the appropriation accounts of the Garda Síochána for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

• (2) Whenever required to do so by the Committee of Public Accounts, the Garda Commissioner shall give evidence to it on the following matters:

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or record of account subject to audit by the Comptroller and Auditor General;

• (b) the economy and the efficiency of the Garda Síochána in using its resources;

• (c) the systems, procedures and practices employed by the Garda Síochána for evaluating the effectiveness of its operations;

• (d) any matter affecting the Garda Síochána that is referred to in—

• (i) a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or

• (ii) any other report of the Comptroller and Auditor General that is laid before Dáil Éireann in so far as the report relates to a matter specified in any of paragraphs (a) to (c).

• (3) In carrying out duties under subsection (2), the Garda Commissioner shall not—

• (a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy,

• (b) discuss matters relating to the security of the State,

• (c) provide information, other than financial information, relating to specific criminal investigations or prosecutions except an investigation or prosecution relating to money or assets for which he or she is the accounting officer, or

• (d) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of a person.

44. Audit committee: appointment of members, etc.

44.— (1) As soon as practicable after the commencement of this section, the Garda Commissioner shall establish an audit committee to perform the functions specified in section 45.

• (2) The audit committee is to consist of the following persons, all of whom are to be appointed by F91[the Authority]:

• (a) a Deputy Garda Commissioner F92[or a member of the civilian staff of the Garda Commissioner of a grade equivalent to that of Deputy Garda Commissioner];

• (b) not fewer than 4 other persons who have relevant skills and experience and none of whom is, or has ever been, a member of the Garda Síochána.

• (3) F91[The Authority] shall designate as the chairperson of the audit committee one of the persons appointed under subsection (2)(b).

• F91[(4) The members of the audit committee hold office for the period that may be determined by the Authority, but a member—

• (a) may resign from the committee by letter addressed to the Authority, or

• (b) may at any time be removed from office by the Authority for stated reasons.]

• (5) The members appointed under subsection (2)(b) hold office on such terms and conditions as may be F91[determined by the Authority with the consent of the Minister] and the Minister for Finance.

• (6) The Garda Commissioner shall ensure that the audit committee is provided with the necessary secretarial and other resources to enable it to perform its functions.

• F92[(7) The audit committee may act notwithstanding one or more than one vacancy in its membership, including a vacancy that results in subsection (2) not being complied with.]

45. Functions of audit committee.

45.— (1) The audit committee shall—

• (a) advise the Garda Commissioner on F93[governance and financial matters] relating to his or her functions,

• (b) report in writing at least once a year to the Commissioner on those matters and on its activities in the previous year, and

• (c) provide F93[the Authority and the Minister] with a copy of each report.

• (2) The audit committee’s duties under subsection (1)(a) include advising on the following matters:

• (a) the proper implementation of F93[Government guidelines on governance and financial issues];

• (b) compliance with section 22 of the Exchequer and Audit Departments Act 1866, section 19 of the Comptroller and Auditor General (Amendment) Act 1993 and any other obligations imposed by law relating to financial matters;

• (c) the appropriateness, efficiency and effectiveness of the Garda Síochána’s procedures relating to—

• (i) public procurement,

• (ii) seeking sanction for expenditure and complying with that sanction,

• (iii) acquiring, keeping custody of and disposing of assets,

• (iv) risk management,

• (v) financial reporting, and

• (vi) internal audits.

• (3) The audit committee shall meet at least 4 times in each year and may invite a person who has responsibility within the Garda Síochána for internal audits or for any financial matters or any other person it considers appropriate to attend specific meetings.

• (4) The Garda Commissioner shall—

• (a) ensure that the audit committee is provided with all of the Garda Síochána’s audit reports, audit plans and monthly reports on expenditures, and

• (b) if he or she has reason to suspect that any material misappropriation of the money for which he or she is the accounting officer, or any fraudulent conversion or misapplication of the Garda Síochána’s property, may have taken place, report the matter to the committee as soon as practicable.

• (5) In addition, the Garda Commissioner shall, subject to subsection (6), ensure that the audit committee is provided at its request with details of any financial matter or procedure necessary for performing its functions, including details relating to—

• (a) any contract that the Commissioner proposes to enter into and that involves the expenditure of more than an amount specified by the committee, and

• (b) any legal action against the Commissioner that gives rise to a potential financial liability.

• (6) Details shall not be provided under subsection (5) in response to a request if the Garda Commissioner—

• (a) considers that the provision of the details requested could prejudice the security of the State or endanger life, and

• (b) so certifies in a statement to the audit committee.

46. Annual report.

46.— (1) Not later than 4 months after the end of each year, the Garda Commissioner shall submit to F94[the Authority] a report, in such form as F94[the Authority] may direct, on F94[policing services] during that year.

• (2) The report must include an account of the following F95[relating to policing services]:

• (a) the implementation of the policing plan for the year to which the report relates;

• (b) the performance of the Garda Síochána’s functions during that year;

• (c) the achievement of the performance targets established under section 20 for the year;

• (d) the implementation of any directives under section 25 laid before the Houses of the Oireachtas during the year;

• (e) any other matter that the Garda Commissioner thinks fit.

• F95[(2A) As soon as practicable and not later than 30 days after receiving the report, the Authority shall supply a copy of it to the Minister.]

• (3) As soon as practicable and not later than 30 days after receiving the report, the Minister shall cause a copy of it to be laid before each House of the Oireachtas.

47. Statistical information.

47.— (1) The Garda Commissioner shall ensure that, in respect of each specified period, statistical information concerning offences, criminal proceedings and the state of crime in the State is compiled and stored.

• (2) The Garda Commissioner shall make information compiled in accordance with subsection (1) available to the Minister and the Central Statistics Office at the times and in the manner that the Minister may require.

• (3) In this section “specified period” means—

• F96[(a) the period beginning on 1 July 2007 and ending 3 months after that date, and]

• (b) each subsequent period of 3 months beginning on the day after the end of the previous period.

Chapter 7 Liability

48. Liability for certain acts of members of Garda Síochána.

48.— (1) Where a member of the Garda Síochána commits an actionable wrong in the course of performing the member’s functions under this Act—

• (a) the State is liable to an action for damages in respect of damage resulting from the wrong as if the State were the employer of the member, and

• (b) the member is, for the purposes of such liability, deemed to be the servant of the State in so far as the member was acting in the course of performing his or her functions under this Act.

• (2) In proceedings brought against the State by virtue of this section, the plaintiff need not name as a defendant the member or members of the Garda Síochána alleged to have committed the actionable wrong.

• (3) Nothing in this section affects any right of the State to—

• (a) join an individual member of the Garda Síochána as a defendant to proceedings in respect of an actionable wrong to which this section applies, or

• (b) recover contribution or seek indemnity from an individual member of the Garda Síochána who is, or who, if sued at the time of the commission of that wrong, would have been, liable in respect of the same damage.

• (4) This section applies to proceedings initiated after the commencement of this section.

• (5) This section does not apply to a wrong committed by the use of a mechanically propelled vehicle belonging to the State.

• (6) In this section—

“actionable wrong” means a tort or breach of a constitutional right, whether or not the wrong is also a crime and whether or not the wrong is intentional;

“damage” includes loss of property, loss of life and personal injury;

“damages” includes exemplary damages and aggravated damages;

“personal injury” includes any disease and any impairment of a person’s physical or mental condition.

49. Legal aid for members charged with certain offences.

49.— (1) The Minister may contribute to the legal costs of a member of the Garda Síochána who is charged with a criminal offence if—

• (a) any of the acts that are alleged to constitute the offence was directly related to the performance of the member’s functions,

• (b) the Minister is of the opinion that the member’s financial circumstances are such that those costs would result in undue hardship, and

• (c) the contribution does not exceed the sum that would be payable if a legal aid certificate were granted in respect of the applicable court proceedings.

• (2) In this section—

“legal aid certificate” has the meaning given by section 9(2) of the Criminal Justice (Legal Aid) Act 1962;

“legal costs” means any fees, costs or other expenses properly incurred by a member referred to in subsection (1) in preparing and conducting—

• (a) the member’s defence to the offence charged, and

• (b) if applicable, the member’s appeal or stated case in relation to that offence.

Chapter 8 International Service and Co-operation with other Police Services

50. Interpretation (Chapter 8).

50.— (1) In this Chapter, unless the context otherwise requires—

“An tArd-Chláraitheoir” has the meaning given by section 1(1) of the Civil Registration Act 2004;

“Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

“disciplinary action” means—

• (a) dismissal,

• (b) requirement to retire or resign as an alternative to dismissal,

• (c) reduction in rank,

• (d) reduction in pay not exceeding 4 weeks’ pay,

• (e) reprimand,

• (f) warning,

• (g) caution, or

• (h) advice;

“eligible member” means a member who has offered in writing to be available during a specified period for international service and whose offer has been accepted by the Garda Commissioner;

“international organisation” includes—

• (a) the United Nations,

• (b) the Organisation for Security and Co-operation in Europe,

• (c) the European Union or any institution or body of the European Union, and

• (d) any force or mission organised by, or operating with the mandate of, an international organisation as defined in any of paragraphs (a) to (c);

“international service” means service outside the State under section 51(1) or (2).

• (2) The text of the 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 is set out in Schedule 3 for convenience of reference.

51. International service.

51.—F97[(1) Subject to subsection (3), the Garda Commissioner shall assign eligible members of the Garda Síochána in such numbers and of such rank, as the Government may determine for service outside the State—

• (a) to carry out duties of a police character with an international organisation,

• (b) to advise others on, or to monitor their performance of, such duties, or

• (c) to participate in a special intervention unit, within the meaning of Part 7A (inserted by section 31 of the Criminal Justice (Mutual Assistance) (Amendment) Act 2015) of the Criminal Justice (Mutual Assistance) Act 2008, for the control of a crisis situation occurring in the territory of a member state.]

• F97[(2) Subject to subsection (3), the Garda Commissioner may assign eligible members of the Garda Síochána for service outside the State—

• (a) to carry out liaison duties with Europol or, subject to the agreement of the Government, with a law enforcement agency of a state other than the State,

• (b) as members of a joint investigation team within the meaning of the Criminal Justice (Joint Investigation Teams) Act 2004, as amended by section 96 of the Criminal Justice (Mutual Assistance) Act 2008,

• (c) in connection with the making of a controlled delivery outside the State pursuant to a request under section 89 of the Criminal Justice (Mutual Assistance) Act 2008, or

• (d) on secondment to an international organisation with the consent of the Minister.]

• (3) An eligible member may be assigned under this section only for the period specified by the member in his or her offer to be available for international service.

• (4) This Act, the regulations, and the F98[the Garda Síochána (Compensation) Act 2022] continue to apply to members while on international service.

• (5) Nothing in this section prevents members of the Garda Síochána stationed in the State from travelling outside the State in the course of carrying out their duties.

52. Appointment of members of Police Service of Northern Ireland to certain ranks in Garda Síochána.

52.— (1) F99[The Authority, with the approval of the Government] may appoint members of the Police Service of Northern Ireland to such ranks in the Garda Síochána F100[not above Assistant Garda Commissioner and] not below superintendent as may be prescribed.

• (2) The number or proportion of vacancies in each rank to which such members may be appointed may also be prescribed.

• (3) In determining the eligibility of a member of the Police Service of Northern Ireland to apply for appointment to a rank of the Garda Síochána under this section, appropriate recognition shall be given to the rank, experience and qualifications that would be required for appointment to an equivalent rank in the Police Service of Northern Ireland.

• (4) Such a member shall compete in a merit-based selection procedure with other applicants for appointment to the rank in the Garda Síochána concerned.

53. Secondment from Police Service of Northern Ireland to certain ranks in Garda Síochána.

53.— (1) Subject to subsection (3), the Garda Commissioner may, at the request of the Chief Constable—

• (a) appoint a member of the Police Service of Northern Ireland to a rank in the Garda Síochána not above that of inspector for a period not exceeding 3 years, or

• (b) request F101[the Authority] to appoint such a member to a rank in the Garda Síochána F102[ not above that of Assistant Garda Commissioner and] not below that of superintendent for such period.

• F103[(2) Subject to subsection (3), the Authority may comply with a request under subsection (1)(b) but may do so only with the approval of the Government.]

• (3) The ranks in the Garda Síochána to which such members may be appointed under this section and the number of such members to be so appointed may be prescribed.

• (4) A person appointed under this section shall, during the appointment—

• (a) be under the direction and control of the Garda Commissioner, and

• (b) subject to subsection (5), have the powers, immunities, privileges and duties of a member of the Garda Síochána of the rank to which he or she was appointed.

• (5) The F104[Garda Síochána (Compensation) Act 2022 does] not apply in relation to a person appointed under this section.

• (6) The Garda Commissioner or F105[the Authority, with the approval of the Government,], as the case may be, may terminate an appointment under this section.

• F106[(7) The Government may terminate an appointment approved by them under subsection (2).]

54. Secondment from Garda Síochána to Police Service of Northern Ireland.

54.— (1) The Garda Commissioner may, on application by a member of the Garda Síochána, arrange with the Chief Constable, for the member’s secondment to the Police Service of Northern Ireland for a period not exceeding 3 years.

• (2) The Garda Commissioner may terminate a secondment to the Police Service of Northern Ireland.

• (3) During the period of secondment—

• (a) the member shall continue to be paid as a member of the Garda Síochána, but shall not be subject to the direction or control of the Garda Commissioner or be entitled to exercise in the State any of such a member’s powers,

• (b) the member’s service shall be regarded as service with the Garda Síochána for pension, promotion and seniority purposes, and

• (c) the member is entitled to claim compensation under F107[the Garda Síochána (Compensation) Act 2022 for injuries inflicted as a result of a malicious incident within the meaning of that Act] in the course of or in relation to the carrying out of his or her duties with the Police Service of Northern Ireland as if he or she had not been seconded and the injuries had been received in the course of or in relation to the carrying out of his or her duties as a member of the Garda Síochána.

• (4) The number and rank of members of the Garda Síochána who may be seconded under this section may be prescribed.

55. Breach of discipline by seconded member of Garda Síochána.

55.— (1) A member of the Garda Síochána who, while on secondment to the Police Service of Northern Ireland, does or omits to do any act the doing or omission of which by a member of that service would constitute a breach of discipline is liable on the expiry or termination of the period of secondment to disciplinary action by the F108[the Garda Commissioner, the Authority or the Government, as may be appropriate], in respect of the breach.

• (2) Disciplinary action under subsection (1) may be based on—

• (a) a finding, under the law and procedure for the time being applicable in relation to the investigation of breaches of discipline by members of the Police Service of Northern Ireland, that the member of the Garda Síochána concerned is in breach of discipline,

• (b) a decision on any appeal against or review of the finding,

• (c) any relevant court proceedings, and

• (d) any related documents.

• (3) Before taking any disciplinary action under subsection (1), the F109[the Garda Commissioner, the Authority or the Government], as the case may be, shall—

• (a) send a copy of the findings to the member of the Garda Síochána concerned, and

• (b) give that member an opportunity, within a specified period, to show cause why the action should not be taken against him or her.

• (4) The Disciplinary Regulations may make provision for the procedures to be followed after the receipt by the member concerned of the copy of the findings referred to in subsection (3).

• (5) In any proceedings—

• (a) a document purporting to be a finding or decision mentioned in subsection (2) is evidence, unless the contrary is proved, of the finding or decision, and

• (b) a document purporting to be a report of court proceedings or a related document mentioned in that subsection is evidence, unless the contrary is proved, of the matters referred to in the report or related document.

• (6) In this section “breach of discipline” means an act or omission that if done or made by a member of the Police Service of Northern Ireland could be the subject of disciplinary action by the authorities in Northern Ireland.

56. Breach of discipline by seconded member of Police Service of Northern Ireland.

56.— (1) Subject to subsections (2) to (4), Part 4 and the Disciplinary Regulations apply to a person appointed to a rank in the Garda Síochána under section 53 who does or omits to do any act the doing or omission of which would, if he or she were appointed otherwise than under that section, give rise to the taking of disciplinary action.

• (2) For as long as a person referred to in subsection (1) is a member of the Police Service of Northern Ireland, an investigation under Part 4 and any investigation or proceeding under the Disciplinary Regulations in relation to that person may proceed to its conclusion even though his or her period of secondment has expired or been terminated.

• (3) No disciplinary action may be taken against a person referred to in subsection (1), but the Garda Commissioner shall transmit to the Chief Constable the prescribed material relating to the person.

• (4) The Garda Commissioner shall inform F110[the Authority and the Minister] of any transmission of documents under subsection (3).

57. Records relating to members serving outside the State.

57.— (1) The Minister may, by regulations made with the consent of the Minister for Health and Children, provide for the keeping of a record of any of the following events occurring outside the State while a member of the Garda Síochána is on international service or is on secondment to the Police Service of Northern Ireland:

• (a) the member’s death;

• (b) the death, in such circumstances as may be specified in the regulations, of the member’s spouse or of such other relatives as may be specified in the regulations;

• (c) the birth, in such circumstances as may be specified in the regulations, of a child of the member.

• (2) Records kept pursuant to regulations made under this section must be—

• (a) authenticated in such manner and by such person as may be specified for the purpose in those regulations, and

• (b) transmitted to an tArd-Chláraitheoir in such manner as may be specified in the regulations.

• (3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as practicable after it is made.

• (4) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (3), annul the regulation.

58. Duties of Ard-Chláraitheoir in relation to records transmitted under this Act.

58.— (1) An tArd-Chláraitheoir shall maintain a register to be known as the Garda Síochána Deaths Register Book (in this section referred to as the Deaths Book) and shall cause an entry to be made in the Deaths Book of each record of a death transmitted in accordance with section 57(2)(b).

• (2) An tArd-Chláraitheoir shall maintain a register to be known as the Garda Síochána Births Register Book (in this section referred to as the Births Book) and shall cause an entry to be made in the Births Book of each record of a birth transmitted in accordance with section 57(2)(b).

• (3) An entry made under subsection (1) or (2) must be in such form as may be specified in the regulations under section 57 and must contain such particulars as may be specified in those regulations.

• (4) For the purposes of the Civil Registration Act 2004, the Deaths Book and the Births Book are deemed to be register books within the meaning of those Acts, but section 27(3) of the Births and Deaths Registration Act (Ireland) 1880 has, in its application to the Deaths Book and the Births Book, effect as if—

• (a) “upon payment of the appointed fee, and” were deleted, and

• (b) the reference to a statutory declaration made by one or more persons required by that Act to give information concerning the birth or death referred to in that paragraph were a reference to a statement in writing made by a person specified under section 57(2)(a).

• (5) An tArd-Chláraitheoir shall keep at his or her office an index to the Deaths Book and an index to the Births Book.

• (6) Any person is entitled to search the index to the Deaths Book and the index to the Births Book and to have a certified copy of an entry in either book or of items contained in the entry on the same terms and conditions in all respects as to fees and otherwise that are applicable under the Civil Registration Act 2004 or any other enactment in respect of the registers of births and deaths.

• (7) Fees payable under subsection (6) are to be collected and disposed of in the same manner as fees payable under the Civil Registration Act 2004.

Chapter 9 Offences and Disclosure of Information

59. Causing disaffection.

59.— (1) A person is guilty of an offence if he or she induces, or does any act calculated to induce, any member of the Garda Síochána to withhold his or her services or to commit a breach of discipline.

• (2) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

60. Offence of impersonating member of Garda Síochána.

60.— (1) A person is guilty of an offence if he or she—

• (a) impersonates a member of the Garda Síochána, or

• (b) makes any statement or does any act calculated falsely to suggest that he or she is such a member.

• (2) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

61. Other offences relating to impersonation.

61.— (1) A person is guilty of an offence if he or she, not being a member of the Garda Síochána—

• (a) has in his or her possession any article of Garda uniform or any equipment supplied to a member of the Garda Síochána and is not able satisfactorily to account for possessing it,

• (b) puts on or wears—

• (i) without the Garda Commissioner’s permission, any article of Garda uniform of any rank or member of the Garda Síochána, or

• (ii) without reasonable excuse, any imitation of such article or uniform,

or

• (c) for the purpose of doing or procuring to be done any act that he or she would not by law be entitled to do or procure to be done of his or her own authority, assumes the name, designation or description of any rank of or any member of the Garda Síochána.

• (2) A person is guilty of an offence if he or she, without lawful authority, has in his or her possession or uses in connection with any trade, business, calling or profession or for any other purpose any article, equipment or vehicle containing or having on it any distinctive badge or crest so closely resembling the badge or crest of the Garda Síochána as to be likely to deceive.

• (3) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (4) Nothing in this section prevents the wearing of any uniform or dress in—

• (a) a performance in a theatre, on film or on television or other media, or

• (b) with the prior approval of the Garda Commissioner, a public place in the course of making a film, television or other media production.

62. Confidentiality of certain information.

62.— (1) A person who is or was a member of the Garda Síochána or of its civilian staff or who is or was engaged under contract or other arrangement to work with or for the Garda Síochána shall not disclose, in or outside the State, any information obtained in the course of carrying out duties of that person’s office, employment, contract or other arrangement if the person knows the disclosure of that information is likely to have a harmful effect.

• (2) For the purpose of this section, the disclosure of information referred to in subsection (1) does not have a harmful effect unless it—

• (a) facilitates the commission of an offence,

• (b) prejudices the safekeeping of a person in legal custody,

• (c) impedes the prevention, detection or investigation of an offence,

• (d) impedes the apprehension or prosecution of a suspected offender,

• (e) prejudices the security of any system of communication of the Garda Síochána,

• (f) results in the identification of a person—

• (i) who is a witness in a criminal proceeding or who has given information in confidence to a member of the Garda Síochána, and

• (ii) whose identity is not at the time of the disclosure a matter of public knowledge,

• (g) results in the publication of information that—

• (i) relates to a person who is a witness to or a victim of an offence, and

• (ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from giving evidence or reporting an offence,

• (h) results in the publication of personal information and constitutes an unwarranted and serious infringement of a person’s right to privacy,

• (i) reveals information provided in confidence by another state, an international organisation, another police service or an intelligence service, or

• (j) affects adversely the international relations or interests abroad of the State, including those with Northern Ireland.

• (3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect.

• (4) Subsection (1) does not prohibit a person from disclosing information referred to in that subsection if the disclosure—

• (a) is made to—

• (i) the Minister,

• (ii) the Attorney General,

• (iii) the Director of Public Prosecutions,

• (iv) the Chief State Solicitor,

• (v) the Criminal Assets Bureau,

• (vi) the Comptroller and Auditor General,

• (vii) the Ombudsman Commission or an officer of the Commission,

• (viii) the Garda Síochána Inspectorate or an officer of the Inspectorate,

• (ix) the Revenue Commissioners, or

• (x) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of the member’s functions,

• (b) is made to a court,

• F111[(c) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act,]

• (d) is made in the course of, and in accordance with, the duties of that person’s office or employment or his or her duties under a contract or other arrangement to work with or for the Garda Síochána,

• (e) is authorised by the Garda Commissioner, or

• (f) is otherwise authorised by law.

• (5) A person who contravenes subsection (1) is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exeeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (6) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exeeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years or both.

• (7) The provisions of this section are in addition to, and not in substitution for, the provisions of the Official Secrets Act 1963.

• (8) In this section “personal information” has the meaning given to it by F111[section 2](https://www.irishstatutebook.ie/eli/2014/act/30/section/2)(1) of the [Freedom of Information Act 2014] and includes personal information relating to a deceased individual.

F112[PART 2A Establishment and Functions of Policing Authority]

62A. F113[Establishment day of Authority

62A. The Minister shall, by order, appoint a day to be the establishment day of the Authority.]

62B. F114[Establishment of Authority

62B. (1) On the establishment day of the Authority, a body to be known as an tÚdarás Póilíneachta or, in the English language, the Policing Authority stands established to perform the functions assigned to it by this Act.

• (2) The Authority shall be a body corporate with perpetual succession and an official seal and may sue, or may be sued, in its corporate name.

• (3) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of property other than land or an interest in land.

• (4) The official seal of the Authority shall be authenticated by the signature of—

• (a) a member of the Authority, and

• (b) the Chief Executive or other member of the staff of the Authority authorised by the Authority to act in that behalf.

• (5) Judicial notice shall be taken of the seal of the Authority and every document purporting—

• (a) to be an instrument made by the Authority, and

• (b) to be sealed with the seal of the Authority authenticated in accordance with subsection (4),

shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

• (6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority to act in that behalf.

• (7) Subject to this Act, the Authority shall be independent in the performance of its functions.]

62C. F115[Membership of Authority

62C. (1) Subject to this section, the Authority shall comprise 9 members who are to be appointed by the Government:

• (a) a chairperson;

• (b) 8 ordinary members.

• (2) In appointing the members of the Authority, the Government shall have regard to the objective of there being no fewer than 4 members who are women and no fewer than 4 members who are men.

• (3) The Government may, before the establishment day of the Authority, designate a person to be appointed as the first chairperson of the Authority.

• (4) If, immediately before the establishment day of the Authority, a person stands designated under subsection (3), the person shall, on that day, stand appointed as the first chairperson of the Authority.

• (5) The Government may, before the establishment day of the Authority, designate persons to be appointed as the first ordinary members of the Authority.

• (6) If, immediately before the establishment day of the Authority, a person stands designated under subsection (5), the person shall, on that day, stand appointed as an ordinary member of the Authority.

• (7) Except for the first appointed members of the Authority and subject to section 62E(5), a person shall not be appointed as a member of the Authority unless a resolution has been passed by each House of the Oireachtas recommending his or her appointment.

• (8) Except for the first appointed ordinary members of the Authority and subject to section 62E(5), the Government shall appoint the ordinary members of the Authority from among such persons as are recommended by the Service in accordance with section 62D for appointment as such ordinary members.]

62D. F116[Recommen-dations for appointment of ordinary members of Authority

62D. (1) The Government shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as ordinary members of the Authority.

• (2) Subject to subsection (3), the Minister shall agree with the Service the selection criteria and process that are to apply to the selection competition.

• (3) In making recommendations of persons who are suitable for appointment as ordinary members of the Authority under this section, the Service shall have regard to the desirability of the members of the Authority possessing knowledge of, and experience in, matters connected with the following:

• (a) policing matters;

• (b) human rights and equality matters;

• (c) public sector administration;

• (d) board management and corporate governance;

• (e) work undertaken by voluntary or other groups or bodies with local communities, in particular, for the purpose of promoting safety in the community, the prevention of crime or promoting awareness of other issues that are relevant to policing services.

• (4) Subject to subsection (3), 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 an ordinary member of the Authority by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions of the Authority under this Act.

• (5) The Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person whom it recommends under this section as suitable for appointment as an ordinary member of the Authority.

• (6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the ordinary membership of the Authority.]

62E. F117[Terms and conditions of appointment of members of Authority

62E. (1) Subject to subsection (2), a member of the Authority 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 Government shall determine.

• (2) Such four of the ordinary members of the Authority that is first constituted under this Act as are determined by the Government shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members.

• (3) A member of the Authority holds office on such terms and conditions as may be determined by the Government at the time of appointment or reappointment.

• (4) Subject to subsection (6), a member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment as a member of the Authority.

• (5) Where it is proposed to reappoint a person as a member of the Authority, it shall not be necessary for the person—

• (a) to participate in a selection competition undertaken by the Service under section 62D or to be recommended for reappointment by the Service, or

• (b) to be recommended for reappointment following the passing of a resolution of each House of the Oireachtas.

• (6) A person who is reappointed as a member of the Authority in accordance with subsection (4) shall not hold office for periods the aggregate of which exceeds 8 years.

• (7) A member of the Authority may resign from office by notice in writing addressed to the Minister and the resignation takes effect on the date the Minister receives the notice or, if a date is specified in the notice and the Government agrees to that date, on that date.

• (8) Subject to section 62J(5), the Authority may act notwithstanding one or more vacancies in its membership.]

62F. F118[Ineligibility for appointment, disqualification for office of member of Authority or committee, cessation of membership, etc.

62F. (1) A person is not eligible to be recommended for or appointed as a member of the Authority or a committee if he or she is—

• (a) a member of either House of the Oireachtas,

• (b) entitled under the rules of procedure of the European Parliament to sit in that Parliament,

• (c) a member of a local authority,

• (d) a member of the Garda Síochána or a member of the civilian staff of the Garda Síochána,

• (e) a member of the Ombudsman Commission, or

• (f) a member of the Garda Síochána Inspectorate.

• (2) A person shall be disqualified for holding and shall cease to hold office as a member of the Authority or a committee if he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with his or her creditors,

• (c) is convicted on indictment of an offence,

• (d) is convicted of an offence involving fraud or dishonesty,

• (e) has a declaration under section 819 of the Companies Act 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

• (f) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

• (3) Where a member of the Authority or a committee is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

• (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

• (d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Authority or the committee, as the case may be.]

62G. F119[Removal of member of Authority

62G. (1) The Government may only remove a member of the Authority from office where—

• (a) one or more of the grounds referred to in subsection (2) apply,

• (b) subsections (3) to (6) have been complied with, and

• (c) a resolution is passed by both Houses of the Oireachtas calling for the removal of the member from office.

• (2) The grounds referred to in subsection (1) are that, in the opinion of the Government, the member of the Authority—

• (a) has, without reasonable excuse, failed to discharge the functions of the office,

• (b) has become incapable through ill health of effectively performing those functions,

• (c) has committed stated misbehaviour,

• (d) has a conflict of interest of such significance that he or she should cease to hold the office, or

• (e) is otherwise unfit to hold the office or unable to discharge its functions.

• (3) Where the Government propose to remove a member of the Authority pursuant to subsection (1), the Government shall notify, or cause to be notified, the member concerned in writing of the proposal.

• (4) A notification under subsection (3) shall include—

• (a) a statement of the reasons for the proposal,

• (b) a statement that the member of the Authority concerned may, within 30 working days of the sending of the notification or such longer period as the Government may specify, make representations in the manner specified in the notification to the Government as to why the member should not be removed from office, and

• (c) a statement that, where no representations are received within the period specified under paragraph (b), the Government will, without further notice, proceed with the removal of the member of the Authority from office in accordance with this section.

• (5) In considering whether to remove a member of the Authority from office in accordance with this section, the Government shall take into account—

• (a) any representations made pursuant to subsection (4)(b), and

• (b) any other matter that the Government consider relevant for the purposes of the decision.

• (6) Where, having taken into account the matters referred to in subsection (5), the Government decide to remove the member of the Authority from office, they shall notify that member in writing of the decision, of the reasons for it and of the intention of the Government to seek a resolution of both Houses of the Oireachtas calling for the removal of that member.]

62H. F120[Functions of Authority

62H. (1) Subject to this Act, the Authority shall—

• (a) oversee the performance by the Garda Síochána of its functions relating to policing services,

• (b) be responsible for—

• (i) nominating persons for appointment to the office of Garda Commissioner under section 9(1) or to the rank of Deputy Garda Commissioner under section 10(1),

• (ii) appointing persons, in accordance with section 13, to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent in the Garda Síochána, and

• (iii) removing or recommending the removal, as the case may be, in accordance with section 11 of members of the Garda Síochána at the ranks referred to in subparagraphs (i) and (ii),

• (c) establish, amend or revoke a code of ethics in accordance with section 17,

• (d) approve, in accordance with section 21, a strategy statement submitted by the Garda Commissioner,

• (e) approve, in accordance with section 22, an annual policing plan submitted by the Garda Commissioner,

• (f) perform the functions conferred on it by sections 35 and 36 concerning the establishment and maintenance of joint policing committees,

• (g) perform the functions conferred on it by section 117A with regard to monitoring, assessing and reporting to the Minister on the measures taken by the Garda Síochána in relation to recommendations made in a report of the Garda Síochána Inspectorate,

• (h) inform the Minister of matters relevant to the accountability of the Government to the Houses of the Oireachtas,

• (i) provide information and advice to the Minister with regard to matters relating to policing services,

• (j) promote and support the continuous improvement of policing in the State, and

• (k) perform any other functions conferred on it by this Act or the regulations.

• (2) Without prejudice to the generality of subsection (1), the Authority shall—

• (a) keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions and, in particular, shall keep under review the adequacy of—

• (i) the corporate governance arrangements and structures within the Garda Síochána,

• (ii) the arrangements for the recruitment, training and development of the members and members of the civilian staff of the Garda Síochána,

• (iii) the mechanisms in place within the Garda Síochána for the measurement of performance and accountability of such members and staff, and

• (iv) the arrangements for managing and deploying the resources available to the Garda Síochána so as to ensure the most beneficial, effective and efficient use of those resources,

• (b) provide advice to the Minister before each financial year with regard to the resources that are likely to be required by the Garda Síochána to perform its functions in that financial year,

• (c) promote the policing principles,

• (d) promote public awareness of matters relating to policing services,

• (e) keep the Minister informed of developments in respect of matters relating to policing services and make recommendations to assist the Minister in co-ordinating and developing policy in that regard,

• (f) keep itself generally informed as to—

• (i) complaints made against members of the Garda Síochána and the application of the Disciplinary Regulations, and

• (ii) trends and patterns in crimes committed,

• (g) undertake, commission or assist in research projects (including by way of public consultation) and other activities in respect of matters relating to policing services, which in the opinion of the Authority, may—

• (i) promote an improvement in standards for those matters and public awareness of them, or

• (ii) contribute to a reduction in the number of complaints against members of the Garda Síochána in relation to those matters,

and make recommendations to the Minister arising from those projects or activities, and

• (h) provide advice to the Minister with regard to best policing practice.

• (3) Subject to this Act, the Authority may do anything which it considers necessary or expedient to enable it to perform its functions, including liaising and co-operating with bodies (whether statutory or otherwise) that are relevant to those functions.

• (4) Any function of the Authority, other than nominating a person for appointment to, or recommending the removal of a person from, the office of Garda Commissioner or Deputy Garda Commissioner, may be performed through or by the Chief Executive or other member of its staff duly authorised in that behalf by the Authority.

• (5) The Chief Executive or other member of the staff of the Authority who, pursuant to subsection (4), performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.

• (6) The Authority may provide for the performance by a committee, under the general direction of the Authority, of one or more of its functions, other than nominating a person for appointment to, or recommending the removal of a person from, the office of Garda Commissioner or Deputy Garda Commissioner.]

62I. F121[Authority to have regard to security services

62I. The Authority shall, in performing its functions under this Act and in addition to all other matters to which the Authority may properly have regard, have regard to the importance of the functions of the Garda Síochána concerning security services.]

62J. F122[Meetings and business

62J.(1) The Authority shall hold such and so many meetings as may be necessary for the due performance of its functions, including meetings with the Garda Commissioner.

• (2) Subject to subsections (3) and (4), the Authority may, where it considers it appropriate to do so, permit—

• (a) members of the public to attend, and

• (b) the media to record and broadcast,

any meeting or a part of a meeting of the Authority.

• (3) Members of the public may attend, and the media shall be permitted to record and broadcast, not less than four meetings of the Authority with the Garda Commissioner in each year.

• (4) The Authority may publish all or any of the following:

• (a) agendas for its meetings and those of its committees;

• (b) the papers relating to those meetings;

• (c) such reports of those meetings as it considers appropriate.