Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

PART 1 Preliminary and General

1. Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015.

(2) This Act shall be included in the collective citation of the Garda Síochána Acts 2005 to 2015 and shall be construed together with those Acts.

(3) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

“Act of 2015” means the Garda Síochána (Amendment) Act 2015;

“Principal Act” means the Garda Síochána Act 2005;

“Minister” means the Minister for Justice and Equality.

3. Amendment of section 3(1) of Principal Act

3. Section 3(1) of the Principal Act is amended by the insertion of the following definitions:

‘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;

‘establishment day of the Authority’ means the day appointed under section 62A;

‘local authority’ has the meaning it has in the Local Government Act 2001;

‘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;

‘security services’ shall be read in accordance with section 3A;

‘Service’ means the Public Appointments Service.”.

4. Security services

4. The Principal Act is amended by the insertion of the following section after section 3:

“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.”.

5. Policing principles

5. The Principal Act is amended by the insertion of the following section after section 3A (inserted by section 4):

“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.”.

6. Amendment of section 5 of Principal Act

6. Section 5 of the Principal Act is amended by the insertion of “and the Authority” after “expenses incurred in respect of the Garda Síochána”.

7. Repeals

7. The enactments specified in the Schedule are repealed to the extent specified in column (3) of th at Schedule.

PART 2 Personnel and Organisation of Garda Síochána

8. Appointment of Garda Commissioner

8. (1) The Principal Act is amended by the substitution of the following section for section 9:

“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).”.

(2) Subject to section 11 of the Principal Act (as amended by section 10), the person who, on the commencement of this section, holds the office of Garda Commissioner continues in office in accordance with the terms and conditions of his or her appointment.

9. Appointment of Deputy Garda Commissioners

9. (1) The Principal Act is amended by the substitution of the following section for section 10:

“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).”.

(2) Subject to section 11 of the Principal Act (as amended by section 10), a person who, on the commencement of this section, holds the office of Deputy Garda Commissioner continues in office in accordance with the terms and conditions of his or her appointment.

10. Removal of Garda Commissioner, Deputy Garda Commissioner and members of certain other ranks from office

10. (1) The Principal Act is amended by the substitution of the following section for section 11:

“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).”.

(2) If any steps have been taken before the commencement of this section and sections 11 to 13 to remove from office a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent, sections 11 to 13 of the Principal Act shall apply to the removal of the person from office as if the amendments of the Principal Act in subsection (1) and sections 11 to 13 had not been made.

(3) After the commencement of this section and sections 11 to 13, sections 11 (inserted by this section), 12 (as amended by section 11), 13(inserted by section 12) and 13A (inserted by section 13) of the Principal Act shall, other than in the case of persons to whom subsection (2) applies, apply to the removal from office of a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent even if the reasons for the removal relate to actions taken, omissions made or conduct that occurred before that commencement.

11. Amendment of section 12 of Principal Act

11. Section 12 of the Principal Act is amended—

(a) by the substitution of the following subsections for subsection (1):

“(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.”,

(b) by the insertion of the following subsection after subsection (5):

“(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)).”,

(c) in subsection (6), by the insertion of the following paragraph after paragraph (a):

“(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,”,

and

(d) in subsection (7), by the substitution of “removed from office under subsection (1) or (4) of section 11” for “removed from office under section 11”.

12. Appointment of members to ranks of Assistant Garda Commissioner, chief superintendent and superintendent

12. (1) The Principal Act is amended by the substitution of the following section for section 13:

“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.”.