Policing, Security and Community Safety Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Policing, Security and Community Safety Act 2024.

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

2. Interpretation (General)

2. (1) In this Act—

“Act of 1963” means the Official Secrets Act 1963;

“Act of 1975” means the Law Reform Commission Act 1975;

“Act of 2004”, other than in section 263, means the Public Service Management (Recruitment and Appointments) Act 2004;

“Act of 2005” means the Garda Síochána Act 2005;

“Act of 2014” means, other than in section 38 and Part 6, the Companies Act 2014;

“at risk”, in relation to an individual, means an individual (including an individual aged under the age of 18 years) who is at risk, at a particular point in time, of harm and who requires, whether due to his or her personal characteristics or personal circumstances, assistance in protecting himself or herself from such harm at that time;

“Authority” has the meaning assigned to it by section 121(1);

“Board” has the meaning assigned to it by section 11;

“chief executive of the Authority” has the meaning assigned to it by section 129(1);

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

“company” means—

(a) a company formed and registered under the Act of 2014, or

(b) an existing company within the meaning of that Act;

“complaint” means a complaint (whether oral, in writing or electronic) made under section 196(1);

“conduct code”, in relation to a member of garda staff, means the conduct code under which the Garda Commissioner may address misconduct by the member;

“conduct proceedings”—

(a) in relation to a member of An Garda Síochána, means the taking of measures in relation to the member under the Conduct Regulations, and

(b) in relation to a member of garda staff, means the taking of measures in accordance with the conduct code;

“Conduct Regulations” has the meaning assigned to it by section 257(1);

“controlled drug” has the same meaning as it has in section 2 of the Misuse of Drugs Act 1977;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^1] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“designated officer” means a person appointed under section 177(1) to be a designated officer for the purposes of any of the provisions of Part 6;

“Director” has the meaning assigned to it by section 109(1);

“document” means anything in which information of any description is recorded, including any electronic document or document generated automatically and, without prejudice to the generality of the foregoing, includes—

(a) anything on which there is writing,

(b) a map, plan, graph, drawing or photograph,

(c) a disc, tape, sound track, film, microfilm, negative or other device from which sounds, images or other data can be reproduced with or without the aid of other equipment, and

(d) a reproduction (including enlarging) in permanent legible form, by a computer or other means, of information in non-legible form;

“enactment”, other than in section 209, has the same meaning as it has in the Interpretation Act 2005;

“Garda Commissioner”, other than in Part 6, means the Commissioner of An Garda Síochána;

“Independent Examiner” has the meaning assigned to it by section 232(2);

“information” includes any representation of fact, whether in words or otherwise;

“information in non-legible form” includes information on a microfilm, microfiche, magnetic tape or disc;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“member”, in relation to An Garda Síochána, means a member of any rank (including the Garda Commissioner) appointed, or deemed to have been appointed, under Part 2, under an enactment repealed by this Act or under an enactment repealed by the Act of 2005, but does not include a member of garda staff;

“member of garda staff” means—

(a) a person appointed under subsection (1) or (2) of section 54, or

(b) a person designated by order of the Minister under section 54(5);

“members of garda personnel”, other than in Part 6, has the meaning assigned to it by section 44;

“Minister” means the Minister for Justice;

“National Office” has the meaning assigned to it by section 108(2);

“national strategy” has the meaning assigned to it by section 106(1) and includes a strategy revised in accordance with subsection (7) of that section;

“Office of the Police Ombudsman” means the body established under section 64 of the Act of 2005 and continued in being by section 170(1);

“officer of the Police Ombudsman” has the meaning assigned to it by section 176(1);

“Oireachtas committee” means—

(a) a committee appointed by either House of the Oireachtas or jointly by each House of the Oireachtas (other than the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

(b) a subcommittee of a committee specified in paragraph (a);

“Performance Regulations” has the meaning assigned to it by section 256(1);

“policing principles” shall be construed in accordance with section 4;

“policing priorities” has the meaning assigned to it by section 61(1);

“policing services” does not include security services;

“prescribed” means prescribed by regulations;

“protected disclosure” has the same meaning as it has in the Protected Disclosures Act 2014;

“psychoactive substance” has the same meaning as it has in the Criminal Justice (Psychoactive Substances) Act 2010;

“public body” means—

(a) a Minister of the Government,

(b) a local authority,

(c) a body (other than a company) established by or under an enactment, or

(d) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—

(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or

(ii) the issue of shares held by or on behalf of a Minister of the Government;

“public place” has the same meaning as it has in the Road Traffic Act 1961;

“regulations”, other than in section 261, means regulations made or continued in force under this Act;

“sample” means a sample of any of the following taken, or to be taken, from a person:

(a) urine;

(b) hair, other than pubic hair;

(c) oral fluid, including saliva;

(d) blood;

“security priorities” has the meaning assigned to it by section 62(1)(a);

“security services”, other than in Part 7, shall be construed in accordance with section 3;

“senior designated officer” means a designated officer appointed under section 177(2) to be a senior designated officer for the purposes of any of the provisions of Part 6;

“senior member of garda staff”, other than in section 57, means a member of garda staff who is of a grade that is equivalent to, or higher than, the grade equivalent to the rank of chief superintendent;

“Service” means the Public Appointments Service;

“standards of professional behaviour” has the meaning assigned to it by section 258(1);

“Steering Group” has the meaning assigned to it by section 107(1);

“trainee” has the meaning assigned to it by section 53(1);

“vulnerable”, in relation to an individual, means an individual—

(a) who is under the age of 18 years, or

(b) whose capacity to guard himself or herself against harm by another individual is significantly impaired through—

(i) a physical disability, illness or injury,

(ii) a disorder of the mind, whether as a result of mental illness or dementia, or

(iii) an intellectual disability.

(2) Prior to the coming into operation of an order made by the Minister under section 54(5), a reference in this Act—

(a) to a member of garda staff, other than in subsections (3) and (4)(a) of section 54 and sections 58 and 258(3),

(b) to a member of garda personnel, other than in section 258(1), and

(c) to a senior member of garda staff,

shall be construed as including a reference to a person who, immediately before the coming into operation of section 54, was a member of the civilian staff (within the meaning of section 19 of the Act of 2005) of An Garda Síochána.

(3) A reference in this Act—

(a) to the policing priorities shall, where the context admits, be construed as including a reference to the priorities relating to policing services determined by the Policing Authority (within the meaning of Part 4) under section 20 of the Act of 2005 that were in operation immediately before the repeal of that section by section 5, until such time as the Authority determines policing priorities,

(b) to the security priorities shall, where the context admits, be construed as including a reference to the priorities relating to security services determined by the Minister under section 20A of the Act of 2005 that were in operation immediately before the repeal of that section by section 5, until such time as the Minister determines security priorities,

(c) to the strategic plan as laid under section 64(1) shall, where the context admits, be construed as including a reference to the strategy statement prepared under section 21 of the Act of 2005 that was in operation immediately before the repeal of that section by section 5, until such time as the strategic plan is so laid,

(d) to the annual service plan as laid under section 65(12) or 66(10) shall, where the context admits, be construed as including a reference to the policing plan prepared under section 22 of the Act of 2005 that was in operation immediately before the repeal of that section by section 5, until such time as the annual service plan is so laid,

(e) to the capital plan as laid under section 69(1) shall, where the context admits, be construed as including a reference to such plan for capital expenditure for An Garda Síochána that was in operation immediately before the coming into operation of that section, until such time as the capital plan is so laid, and

(f) to a code of ethics issued by the Authority under section 78 shall, where the context admits, be construed as including a reference to the code established by the Policing Authority (within the meaning of Part 4) under section 17 of the Act of 2005 in so far as the latter was operative immediately before the repeal of that section by section 5 until such time as a code of ethics is so issued.

3. Security services

3. (1) In this Act, other than in Part 7, “security services”, subject to subsection (2), means the services provided by An Garda Síochána in the performance of the functions referred to in section 9 that are for the purposes of—

(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,

(IV) acts of foreign interference that are, or are intended to be, detrimental to the interests of the State and are clandestine or deceptive or involve a threat to any person, and

(V) acts contrary to the economic well-being of the State where such acts have an impact on national security interests,

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

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

(c) cooperating with authorities in other states and international organisations aimed at preserving international peace, public order and security.

(2) The reference in subsection (1) to the provision of security services by An Garda Síochána for the purposes of protecting the security of the State does not include the provision of such services in response to lawful advocacy, protest or dissent by any person.

(3) Where a question or dispute arises as to whether a particular matter relates to policing services or security services, the question or dispute shall be submitted to the Minister for determination.

(4) The determination by the Minister of the question or dispute referred to him or her under subsection (3) shall be final.

4. Policing principles

4. In this Act, “policing principles” means—

(a) the principle that effective policing improves the safety of individuals, communities and localities,

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

(i) independently and impartially,

(ii) in a manner that protects and vindicates human rights, and

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

(c) the principle that effective policing is dependent on—

(i) securing the support and confidence of the public, and

(ii) being accessible to, and engaging with, communities,

(d) the principle that policing services are to be provided within a national framework while having a particular regard to communities, and

(e) the principle that when providing policing services every member of garda personnel is required to act professionally, ethically, with integrity and in a manner that protects and vindicates human rights.

5. Repeals

5. The enactments specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule.

6. Expenses

6. The expenses incurred in respect of An Garda Síochána, the Authority and the Office of the Police Ombudsman and any other expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 An Garda Síochána

Chapter 1 Preliminary and General (Part 2)

7. Definitions (Part 2)

7. In this Part—

“audit committee” means the audit committee established under section 74(1);

“capital expenditure” means expenditure to acquire a fixed asset or to significantly extend the life of an existing fixed asset;

“committee of the Board” has the meaning assigned to it by section 21(1);

“governance framework” has the meaning assigned to it by section 71(1);

“performance targets” has the meaning assigned to it by section 62(1)(b);

“Secretary” has the meaning assigned to it by section 23(1).

8. Continuation of An Garda Síochána

8. (1) The police service called, prior to the coming into operation of this section, the Garda Síochána, shall, on and after that coming into operation, be known as An Garda Síochána and shall continue in being under this Act.

(2) References in—

(a) any enactment,

(b) any legal proceedings pending, and

(c) any other document,

before the coming into operation of this section to the Garda Síochána shall, on and after that coming into operation, be construed as references to An Garda Síochána.

(3) The Government may continue to maintain, equip and pay An Garda Síochána.

9. Function of An Garda Síochána

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

(a) preserving peace and public order,

(b) protecting life and property,

(c) protecting and vindicating the human rights of each individual,

(d) protecting the security of the State,

(e) preventing crime,

(f) preventing harm to individuals, in particular individuals who are vulnerable or at risk,

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

(h) protecting and supporting victims of crime, and

(i) regulating and controlling road traffic and improving road safety.

(2) For the purpose of achieving the objective referred to in subsection (1), An Garda Síochána shall cooperate, as appropriate, with other Departments of State, agencies and bodies having, by law, responsibility for any matter relating to any aspect of that objective.

(3) In addition to its function under subsection (1), An Garda Síochána and members of garda personnel have such functions as are conferred on them by law including those relating to immigration.

(4) This section does not affect any powers, immunities, privileges or duties that members of garda personnel have by virtue of any other enactment or at common law.

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

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

(b) seek damages for a member of garda personnel’s performance of, or failure to perform, such function, his or her provision of, or failure to provide, such service, or his or her taking of, failure to take or failure to desist from taking, such action.

10. Prosecution of offences by members of An Garda Síochána

10. (1) A member of An Garda Síochána in the course of his or her official duties shall not institute a prosecution except as provided under this section.

(2) Subject to subsection (4), any member of An Garda Síochána may institute or conduct prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.