Garda Síochána Act 2005

• (4) If in relation to proceedings that by virtue of this section are continued under the 1989 Regulations a decision is made by an inquiry held under Regulation 14 or by the Garda Commissioner under Regulation 23(1), the member concerned is entitled to apply in accordance with Regulation 26 to have the decision reviewed by an Appeal Board appointed under Regulation 25 and in that case the provisions of the 1989 Regulations relating to the hearing and determination by an Appeal Board of the application apply.

129. Certificate evidence.

129.— (1) In any legal proceedings, a certificate signed by a member of the Ombudsman Commission and stating that the person named in the certificate was a designated officer of the Commission for a specified purpose during a specified period is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

• (2) In any legal proceedings, a certificate signed by a member of the Ombudsman Commission and stating that a specified function of the Commission was on a specified date delegated by it in accordance with section 75 to a specified person and specifying the restrictions or conditions, if any, imposed on the delegation is, in the absence of evidence to the contrary, proof of the matters stated in the certificate.

• (3) A certificate referred to in subsection (1) or (2) that purports to be signed by a member of the Ombudsman Commission is admissible in evidence in any legal proceedings without proof of the member’s signature.

130. Proof of membership or rank in Garda Síochána.

130.— In legal proceedings, a person purporting to be a member of the Garda Síochána of any rank is, in the absence of evidence to the contrary, presumed to be a member of that rank.

131. Exercise of special powers by security officers.

131.— (1) The Minister may, by order, designate as an authorised body for the purposes of this section any of the following:

• (a) the Courts Service;

• (b) a Department of State;

• (c) the Office of the Attorney General;

• (d) the Houses of the Oireachtas Commission;

• (e) the National Gallery of Ireland;

• (f) the Board of the National Museum of Ireland.

• (2) For the purposes of this section, the head of an authorised body may, in writing—

• (a) specify any premises in which any activity relating to the functions of that body is carried out, and

• (b) designate a person as a security officer in relation to those premises if satisfied that—

• (i) the person is a suitable person to exercise the powers of a security officer under this section in relation to specified premises,

• (ii) the person has received adequate training for that purpose, and

• (iii) where the person is an employee of a person with whom the authorised body or its head has entered into a contract for the provision of security services (“the contractor”), the contractor is a fit and proper person to supervise the person’s exercise of those powers.

• (3) A security officer may, in carrying out his or her duties in relation to specified premises, exercise any of the powers set out in subsection (4) or, if applicable, subsection (5), but only if—

• (a) the security officer is identifiable as such by means of a badge or uniform, and

• (b) the powers are exercised in accordance with any general or special instruction of the person by whom the security officer is designated.

• (4) Subject to subsection (7), a security officer has the following powers:

• (a) to search any person who is in or seeks entry to the specified premises in relation to which the officer is designated;

• (b) to examine any article that is in or is being delivered to or brought into those premises;

• (c) to exclude or remove from the premises any person who, without good cause—

• (i) refuses to be searched, or

• (ii) refuses to allow an article in his or her possession to be examined;

• (d) to exclude or remove any person from the premises if it is necessary to do so—

• (i) to protect a person or any property, or

• (ii) to allow the business of the authorised body to proceed without interference or delay;

• (e) to require any person who is in or seeks entry to the premises to identify himself or herself;

• (f) to seize, in exercising powers under this section, any weapon other than one in the possession of a person with lawful authority;

• (g) to seize any article that the officer has reason to believe is being unlawfully removed from the premises;

• (h) to use reasonable force where necessary in exercising a power conferred under paragraph (c), (d), (f) or (g).

• (5) In addition, a security officer designated under subsection (2) by the Chief Executive of the Courts Service may, in carrying out the officer’s duties in relation to specified premises all or part of which is a court, at the oral direction of a judge—

• (a) remove from the court any person who commits contempt of court, or

• (b) take into custody any person who commits contempt of court and deliver that person into the custody of a member of the Garda Síochána as soon as practicable.

• (6) Unless the court has ordered by warrant or otherwise that a person taken into custody under subsection (5)(b) be committed to prison or be released, that person shall, before the court rises, be brought by—

• (a) the security officer concerned, if still in his or her custody, or

• (b) a member of the Garda Síochána, if already delivered into the custody of the Garda Síochána,

before the court for it to deal with the matter.

• (7) A security officer may use reasonable force where necessary in complying with a direction under subsection (5) or carrying out a duty under subsection (6).

• (8) The powers conferred on security officers under this section do not authorise a security officer to—

• (a) require a person to remove clothing other than outer garments, such as coats, hats, jackets and shoes, or

• (b) read any document that would be exempt from production in any proceedings in a court on the ground of legal professional privilege.

• (9) Nothing in this section affects any power of arrest conferred by law, including the power conferred under section 4 of the Criminal Law Act 1997.

• (10) In this section—

“authorised body” means a body that for the time being is designated by the Minister under subsection (1);

“head of an authorised body” means—

• (a) in relation to a Department of State, the Minister of the Government having charge of the Department,

• (b) in relation to the Office of the Attorney General, the Attorney General, and

• (c) in relation to any other authorised body, the person who holds or performs the functions of the chief executive officer (by whatever name called) of that body;

“premises” includes—

• (a) any building or part of a building, and

• (b) any land ancillary to a building;

“security officer” means a person who for the time being is designated by the head of an authorised body under subsection (2) as a security officer for the purpose of guarding, patrolling or providing any other protective services in relation to specified premises and persons on those premises;

“specified premises” means premises specified in accordance with subsection (2) by the head of an authorised body.

132. Amendment of Comptroller and Auditor General (Amendment) Act 1993.

132.— The Comptroller and Auditor General (Amendment) Act 1993 is amended by inserting the following section after section 18:

“Application of this Act to Garda Síochána.

18A.— This Act applies to the Garda Síochána as though it were a Department.”.

SCHEDULE 1 Repeals

Section 4.

(1) Number and Year	(2) Short Title of Act	(3) Extent of Repeal
No. 25 of 1924	Garda Síochána Act 1924	Sections 6, 10, 11, 12, 13, 14, 15, 18 and 23
No. 31 of 1924	Dublin Police Act 1924	Section 12
No. 7 of 1925	Police Forces Amalgamation Act 1925	Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15(1), 18, 19, 20 and 21 and the First and Fourth Schedules
No. 32 of 1933	Garda Síochána (Pensions) Act 1933	All provisions
No. 2 of 1972	Garda Síochána Act 1972	All provisions
No. 24 of 1977	Garda Síochána Act 1977	All provisions
No. 29 of 1986	Garda Síochána (Complaints) Act 1986	All provisions
No. 1 of 1989	Garda Síochána Act 1989	All provisions
No. 19 of 2003	Garda Síochána (Police Co-operation) Act 2003	All provisions

SCHEDULE 2 Terms and Conditions of Transferred Staff

Sections 19(7) and 72(3).

SCHEDULE 3 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

Section 50.

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland:

Having regard to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on 10 April 1998 (“the British-Irish Agreement”) and to the Multi-Party Agreement reached at Belfast on 10 April 1998 annexed to the aforesaid Agreement;

Having regard also to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Dublin on 8 March 1999 establishing a British-Irish Intergovernmental Conference;

Considering the report of the Independent Commission on Policing for Northern Ireland published in September 1999 (“the Patten Report”);

Taking into account the progress made within the European Union on improving police co-operation pursuant to the provisions of Title VI of the Treaty on European Union;

Recalling the discussions that took place between the two Governments at Weston Park in July 2001, the measures announced on 1 August 2001 and the Updated Implementation Plan for the Patten Report published in August 2001;

Noting the establishment of the new Policing Board for Northern Ireland;

Have agreed as follows:

Article 1

Eligibility to apply for posts

• (1)
• (a) The Government of the United Kingdom of Great Britain and Northern Ireland shall introduce the necessary administrative and legislative measures to enable members of the Garda Síochána to apply for posts at ranks of above Inspector level in the Police Service of Northern Ireland.

• (b) When determining the eligibility of a member of the Garda Síochána to apply for such posts in the Police Service of Northern Ireland, appropriate recognition will be given to the rank, experience and qualifications that would be required for an equivalent rank in the Garda Síochána. An eligible applicant will be required to compete in a merit-based selection procedure with all other applicants.

• (2)
• (a) The Government of Ireland shall introduce the necessary administrative and legislative measures to enable members of the Police Service of Northern Ireland to apply for posts at ranks of above Inspector level in the Garda Síochána.

• (b) When determining the eligibility of a member of the Police Service of Northern Ireland to apply for a post in the Garda Síochána, appropriate recognition will be given to the rank, experience and qualifications that would be required for an equivalent rank in the Police Service of Northern Ireland. An eligible applicant will be required to compete in a merit-based selection procedure with all other applicants.

Article 2

Secondment with Policing Powers

• (1)
• (a) The Government of the United Kingdom of Great Britain and Northern Ireland shall introduce the necessary administrative and legislative measures to enable members of the Garda Síochána to be seconded to the Police Service of Northern Ireland for periods not exceeding three years.

• (b) For the duration of such secondments, the member in question shall have the same powers, duties, rights and obligations, including as appropriate the wearing of the uniform, as an attested member of the Police Service of Northern Ireland. For the duration of the secondment, the member shall not be subject to the direction and control of the Garda Commissioner and shall not exercise police powers within the jurisdiction of the Government of Ireland.

• (2)
• (a) The Government of Ireland shall introduce the necessary administrative and legislative measures to enable members of the Police Service of Northern Ireland to be seconded to the Garda Síochána for periods not exceeding three years.

• (b) For the duration of such secondments, the member in question shall have the same powers, duties, rights and obligations, including as appropriate the wearing of the uniform, as an attested member of the Garda Síochána. For the duration of the secondment, the member shall not be subject to the direction and control of the Chief Constable of the Police Service of Northern Ireland and shall not exercise police powers within Northern Ireland.

Article 3

Police Protocols

• (1) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, draw up written Protocols between them addressing detailed aspects of co-operation between them, including in particular the issues referred to in Articles 2, 3, 5, 6, 7, 8, 9 and 10 of this Agreement.

• (2) Such Protocols shall be signed by the Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland or persons authorised to do so on their behalf. Copies of all such Protocols shall be forwarded to the Minister for Justice, Equality and Law Reform, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.

• (3) Such Protocols shall not constitute international agreements and shall not have binding effect on either Government.

Article 4

Annual Conference

An annual conference shall be convened between the Police Service of Northern Ireland and the Garda Síochána. It shall be hosted by each service on an alternating basis and the conference topics shall be decided by mutual arrangement between the two services. The costs of the conference shall be met by the host service and each service shall meet their own travel costs in attending the conference.

Article 5

Personnel Exchanges

• (1) A programme shall be introduced to facilitate members of the Police Service of Northern Ireland being placed in the Garda Síochána, and members of the Garda Síochána being placed in the Police Service of Northern Ireland for periods not exceeding one year.

• (2) The purpose of these placements will be to further enhance links and to transfer experience and expertise, including in the area of training.

• (3) Members of the Garda Síochána will, for the duration of their placement, report to and work with the Police Service of Northern Ireland. However the member placed will remain a full member of the Garda Síochána subject to the overall direction and control of the Garda Commissioner and shall not exercise any police powers in Northern Ireland.

• (4) Members of the Police Service of Northern Ireland will, for the duration of their placement, report to and work with the Garda Síochána. However the member placed will remain a full member of the Police Service of Northern Ireland subject to the overall direction and control of the Chief Constable and shall not exercise any police powers in the jurisdiction of the Government of Ireland.

Article 6

Liaison

• (1) Officers in both services shall be designated as liaison officers as considered appropriate to enhance co-operation between the Garda Síochána and the Police Service of Northern Ireland.

• (2) The Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland shall, in consultation with the respective Governments, explore other methods of enhancing liaison including the possible exchange of liaison officers.

Article 7

Training

The Police Service of Northern Ireland and the Garda Síochána shall enhance structures for co-operation in the area of training.

Article 8

Disaster Planning

The Police Service of Northern Ireland and the Garda Síochána shall, in consultation with other authorities responsible for the emergency services in both jurisdictions, work together in promoting improved joint planning.

Article 9

Joint Investigations

• (1) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, make full use of existing arrangements for facilitating joint investigations and additional arrangements that are put in place in the context of European Union developments.

• (2) An expert group shall be established by both Governments to review the existing arrangements and to make recommendations on legal and administrative measures that could be taken to facilitate further the operation of joint Police Service of Northern Ireland and Garda Síochána investigations.

Article 10

Communications

• (1) The Police Service of Northern Ireland and the Garda Síochána shall review communication links on an ongoing basis with a view to establishing and enhancing fast, effective and reliable communications.

• (2) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, consult with one another in the context of the procurement and development of their communications and information technology systems, and shall take into account the desirability of achieving greater compatibility between their systems.

Article 11

Relationship with other international agreements

This Agreement shall not affect the rights and obligations of the Parties under other international agreements.

Article 12

Entry into force

Each Government shall notify the other in writing of the completion, so far as it is concerned, of the requirements for entry into force of the Agreement. This Agreement shall enter into force on the date of the receipt of the later of the two notifications.

In witness whereof the undersigned, being duly authorised thereto by the respective Governments, have signed this Agreement.

Done in two originals at Belfast on the Twenty-ninth day of April 2002.

For the Government of Ireland:		For the Government of the United Kingdom of Great Britain and Northern Ireland:
JOHN O’DONOGHUE		JOHN REID

SCHEDULE 4 Appointment to Ombudsman Commission of Person Holding Judicial Office

Section 65.

If Supreme Court judge or former Supreme Court judge is appointed member of Ombudsman Commission.

• (2) If the person so appointed is a former Chief Justice of the Supreme Court, the proviso to paragraph (a) (inserted by the Courts (No. 2) Act 1997) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former Chief Justice who is appointed to be the President of the Law Reform Commission.

F184[If Court of Appeal judge or former President of the Court of Appeal is appointed member of Ombudsman Commission

1A. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

• (2) If the person so appointed is a former President of the Court of Appeal, the proviso to paragraph (aa) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a member of the Law Reform Commission.

• (3) If the person so appointed is the President of the Court of Appeal, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D (inserted by section 19of the Court Of Appeal Act 2014) of the Courts (Supplemental Provisions) Act 1961.]

If High Court judge or President or former President of High Court is appointed member of Ombudsman Commission.

• (2) If the person so appointed is a former President of the High Court, the proviso to paragraph (b) (inserted by the Courts (No. 2) Act 1997) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the High Court who is appointed to be a member of the Law Reform Commission.

• (3) If the person so appointed is the President of the High Court, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10(5) of the Courts (Supplemental Provisions) Act 1961.

SCHEDULE 5 Breach of Discipline

Section 82.

• (a) failing or neglecting—

• (i) properly to account for any money or property received by the member of the Garda Síochána in his or her capacity as a member, or

• (ii) promptly to do any thing that it is his or her duty as a member of the Garda Síochána to do,

or

• (b) doing anything mentioned in subparagraph (a)(ii) in a negligent manner.

• (a) making or procuring the making of—

• (i) any oral or written statement, or

• (ii) any entry in an official document or record,

that, to the member’s knowledge, is false or misleading,

or

• (b) doing any of the following with a view to deceiving any person:

• (i) destroying or mutilating any official document or record;

• (ii) altering or erasing or adding to any entry in an official document or record.

• (a) without good and sufficient cause, making an arrest, or

• (b) using unnecessary violence towards any person with whom the member of the Garda Síochána is brought into contact in the execution, or purported execution, of his or her duty.

• (a) soliciting or receiving as a member of the Garda Síochána and without the consent of the Garda Commissioner any gratuity, present, subscription or testimonial (other than customary collections for such purposes as presentations to members on the occasion of transfer, marriage or retirement),

• (b) placing himself or herself as a member of the Garda Síochána under a pecuniary obligation to any person in a manner that might affect the member’s ability to discharge the duty of a member,

• (c) improperly using (or attempting to use) his or her position as a member of the Garda Síochána for his or her private advantage, or

• (d) failing wilfully and without good and sufficient cause to pay any lawful debt in such circumstances as to be liable to affect his or her ability to discharge the duty of a member or as to be liable to compromise other members.

Footnotes