POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

An Act to make further and better provision in relation to An Garda Síochána and, in particular, to strengthen the governance of An Garda Síochána and to provide for clear and effective oversight and accountability of An Garda Síochána; to provide that An Garda Síochána shall have a Board to be known as Bord an Gharda Síochána and to provide for its functions; to provide for the independence of the Garda Commissioner in relation to the performance of his or her functions; to provide for the appointment of members of An Garda Síochána and members of garda staff; to improve the safety of, and the perception of safety in, communities through collaboration between relevant Departments of State and public service bodies at national and local level and to provide for community engagement in the prevention of crime and harm and for that purpose to provide for the establishment of a group to be known as An Grúpa Stiúrtha Náisiúnta um Shábháilteacht Pobail and to provide for its functions; to provide for the establishment of a body to be known as An Oifig Náisiúnta um Shábháilteacht Pobail and to provide for its functions; to provide for local community safety partnerships; to provide for the establishment of a body to be known as An tÚdarás Póilíneachta agus Sábháilteachta Pobail and to provide for its functions; to provide for the change of name of the body known as Coimisiún Ombudsman an Gharda Síochána or, in the English language, the Garda Síochána Ombudsman Commission, so that it shall be known as Fiosrú - Oifig an Ombudsman Póilíneachta and to amend and extend its functions; to provide for the appointment of An tOmbudsman Póilíneachta and An Leas-Ombudsman Póilíneachta or, in the English language, the Police Ombudsman and Deputy Police Ombudsman respectively; to provide for the establishment of a body to be known as oifig an Scrúdaitheora Neamhspleách um Reachtaíocht Slándála and to provide for its functions; to provide for the appointment of a person to be An Scrúdaitheoir Neamhspleách um Reachtaíocht Slándála or, in the English language, the Independent Examiner of Security Legislation; to provide for the repeal of the Garda Síochána Act 2005; to amend certain enactments; and to provide for related matters.

[7th February, 2024]

Be it enacted by the Oireachtas as follows:

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 2016¹ 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.

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

• (4) In deciding whether to institute and in instituting or conducting a prosecution, a member of An Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection (5).

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

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

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

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

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

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

• (b) nothing done by the member in instituting or conducting the prosecution is invalid by reason only of the member’s failure to comply with this section or such a direction.

• (8) Nothing in this section—

• (a) precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a prosecution instituted by a member of An Garda Síochána, or

• (b) authorises a member of An Garda Síochána to institute a proceeding without the consent of the Director of Public Prosecutions if an enactment prohibits the institution of that proceeding except by or with the Director of Public Prosecution’s consent.

• (9) For the purpose of this section—

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

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

Chapter 2 Board

11. Establishment of Board

11. An Garda Síochána shall have a Board to be known as Bord an Gharda Síochána (in this Act referred to as the “Board”).

12. Functions of Board

12. (1) The Board shall have the following functions:

• (a) to oversee and approve the development of corporate strategy for An Garda Síochána in relation to major plans of action, risk policy, annual budgets and service plans;

• (b) to promote high standards of corporate governance with particular regard to a code of ethics issued by the Authority under section 78(1) or issued by the Board under section 79(3);

• (c) to monitor the implementation of organisational performance;

• (d) to oversee major capital expenditure and investment having regard to section 68;

• (e) to ensure that arrangements established for the recruitment, appointment, training, development and management of the performance of members of garda personnel comply with best practice;

• (f) to ensure, having regard to the resources expected to be available to An Garda Síochána, the integrity of An Garda Síochána’s accounting and financial reporting systems, and that appropriate systems of control are in place, in particular, systems for risk management, financial and operational control, and compliance with the law and relevant standards;

• (g) to ensure that An Garda Síochána has appropriate policies, plans and actions in place to enable compliance with its obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014;

• (h) to establish arrangements for the management of the performance of the Garda Commissioner and to implement the necessary processes for the development and appraisal of that performance;

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

• (2) The Board shall have all such powers as are necessary or expedient for the performance of its functions.

• (3) The Board may perform any of its functions through or by the Secretary or any member of the staff of the Board (within the meaning of section 24) duly authorised in that behalf by the Board.

• (4) In subsection (1)(a), “major plans of action” includes plans concerning the strategic direction of An Garda Síochána, the development of the capacity and capability of An Garda Síochána and of the members of garda personnel and the optimum use of the resources of An Garda Síochána but does not include operational policing plans, plans in relation to the provision of security services or plans for the management of major events.

13. Provision of information to Board by Garda Commissioner

13. (1) Subject to subsection (2), the Garda Commissioner shall provide the Board with all such information and other assistance as is necessary for the Board to perform its functions effectively.

• (2) The Garda Commissioner may exclude from information to be provided to the Board under subsection (1) any matter the disclosure of which, in his or her opinion, could be prejudicial to the security of the State.

• (3) The Board and the Garda Commissioner shall, within 3 months of the coming into operation of this section, by written protocols, make arrangements in relation to the operation of subsection (2).

14. Accountability of Board to Minister

14. (1) The Board shall be accountable to the Minister for the performance of its functions.

• (2) The Board shall inform the Minister in writing of any matter that it considers requires his or her attention.

15. Membership of Board

15. (1) The Board shall comprise the following members:

• (a) a chairperson;

• (b) 8 ordinary members.

• (2) The members of the Board shall be appointed by the Minister.

• (3) Subject to subsections (4) and (11) and section 17(5), the Minister shall appoint the members of the Board from among such persons as are recommended by the Service in accordance with section 16 for appointment as such members.

• (4) The Board shall be comprised of—

• (a) at least one member having sufficient experience and expertise relating to the matters specified in paragraph (a) of section 16(3),

• (b) at least one member having sufficient experience and expertise relating to the matters specified in paragraph (b) of section 16(3), and

• (c) at least one member having sufficient experience and expertise relating to the matters specified in paragraph (c) of section 16(3).

• (5) The Minister shall, in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

• (6) Subject to subsection (7), the chairperson of the Board shall be appointed by the Minister from among the members of the Board.

• (7) The Minister may, before the coming into operation of this section, designate a person to be appointed as the first chairperson of the Board.

• (8) Where, immediately before the coming into operation of this section, a person stands designated under subsection (7), that person shall, on such coming into operation, stand appointed as the first chairperson of the Board.

• (9) The Minister may, before the coming into operation of this section, designate persons to be appointed as the first ordinary members of the Board.

• (10) Where, immediately before the coming into operation of this section, a person stands designated under subsection (9), that person shall, on such coming into operation, stand appointed as an ordinary member of the Board.

• (11) Subsection (3) shall not apply in respect of—

• (a) the designation of a person as the first chairperson of the Board under subsection (7), or

• (b) the designation of persons as the first ordinary members of the Board under subsection (9).

16. Recommendations for appointment as members of Board

16. (1) Subject to section 15(11), the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Minister persons who are suitable for appointment by the Minister as members of the Board.

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

• (3) A person shall not be recommended by the Service for appointment by the Minister unless the Service is satisfied that the person has sufficient experience and expertise to enable them to make a substantial contribution to the effective and efficient operation of An Garda Síochána in matters connected with one or more of the following:

• (a) the functions of An Garda Síochána;

• (b) organisational governance, management, data protection or public administration;

• (c) financial matters including the allocation, management of, and accountability for, the effective use of financial resources.

• (4) The Service shall provide the Minister with particulars of the experience and expertise of each person whom it recommends under this section as suitable for appointment as a member of the Board.

17. Terms of appointment and conditions of office of members of Board

17. (1) Subject to subsection (2), a member of the Board 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 Minister shall determine.

• (2) Of the ordinary members of the Board that are first appointed under this Act—

• (a) 4 members shall hold office for a period of 4 years from the date of their respective appointments as such ordinary members, and

• (b) 4 members shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members.

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

• (4) A person who is reappointed to the Board in accordance with subsection (3) shall not hold office for periods the aggregate of which exceeds 8 years.

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

• (a) to participate in a selection competition undertaken by the Service under section 16, or

• (b) to be recommended by the Service in accordance with section 16 for appointment.

• (6) The chairperson and ordinary members of the Board shall—

• (a) hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, at the time of appointment or reappointment, and

• (b) be paid out of moneys at the disposal of An Garda Síochána.

• (7) A member of the Board 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.

• (8) Subject to section 22(7), the Board may act notwithstanding one or more than one vacancy in its membership.

18. Ineligibility for appointment, disqualification from office of member of Board, committee of Board or audit committee, cessation of membership, etc.

18. (1) A person shall not be eligible to be recommended for appointment or appointed as a member of the Board, a committee of the Board or the audit 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 garda personnel,

• (e) a member of the Authority, or

• (f) the Police Ombudsman or the Deputy Police Ombudsman.

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

• (a) subject to subsection (3), is adjudicated bankrupt,

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

• (c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

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

• (e) is sentenced by a court of competent jurisdiction to a term of imprisonment,

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

• (g) is subject or is deemed to be subject to a disqualification order (within the meaning of Chapter 4 of Part 14 of the Act of 2014) whether by virtue of that Chapter or any other provision of that Act or a disqualification outside the State to like effect which corresponds to such a disqualification order.

• (3) A person shall be disqualified from holding office as a member of the Board, a committee of the Board or the audit committee under paragraph (a) of subsection (2) only for so long as he or she has not obtained a certificate of discharge from the bankruptcy.

• (4) Where a member of the Board, a committee of the Board or the audit 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 Board, the committee of the Board or the audit committee, as the case may be.

• (5) Where a member of the Board does not, for a consecutive period of 6 months, attend a meeting of the Board, he or she shall, at the end of that period, cease to be a member of the Board unless he or she demonstrates to the satisfaction of the Minister that the failure was due to ill-health or other unavoidable cause.

19. Removal of member of Board

19. The Minister may at any time remove from office a member of the Board if, in the Minister’s opinion—

• (a) the member has become incapable through ill-health or otherwise of effectively performing his or her functions,

• (b) the member has committed stated misbehaviour,

• (c) the removal of the member is necessary for the effective and efficient performance by the Board of its functions,

• (d) the member, in performing his or her functions under this Act, has—

• (i) not maintained the proper standards of integrity, conduct and concern required under section 79(1),

• (ii) breached a code of ethics issued under section 79(3), or

• (iii) contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Acts 1995 and 2001 that, by virtue of a regulation under section 3 of the Ethics in Public Office Act 1995, applies to him or her,

or

• (e) the member, in performing his or her functions under this Act, has breached a code of conduct that has been drawn up under section 10(3) of the Standards in Public Office Act 2001 and that applies to the member.

20. Removal of all members of Board

20. (1) The Minister may remove all the members of the Board from office if—

• (a) the Board fails to achieve a quorum for 3 consecutive meetings,

• (b) the Board does not comply with a judgment, order or decree of any court,

• (c) the Board does not comply with any other requirement imposed on it by or under any enactment including this Act, or

• (d) the Minister is of the opinion that the Board’s functions are not being performed in an effective and efficient manner.

• (2) Before removing all the members of the Board from office under subsection (1)(d), the Minister may appoint a person—

• (a) to conduct an independent review of any matter giving rise to his or her opinion that the Board’s functions are not being performed in an effective and efficient manner, and

• (b) to submit a report to the Minister of the findings of the review.

• (3) The Board and the Garda Commissioner shall cooperate with a review under subsection (2) and give the person conducting the review all reasonable assistance, including access to such premises, equipment and documents as the person may require for the purposes of the review.

• (4) A person appointed to conduct a review under subsection (2) shall be paid such remuneration and allowances for expenses incurred as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.

21. Establishment of committees of Board

21. (1) The Board may, in addition to the audit committee, establish such and so many other committees as it thinks fit to assist and advise it in relation to the performance of any of its functions (in this Part referred to as a “committee of the Board”).

• (2) A committee of the Board—

• (a) shall consist of such number of members as the Board may determine, and

• (b) may, subject to section 18, include persons who are not members of the Board.

• (3) In appointing the members of a committee of the Board, the Board shall have regard to the range of qualifications and experience necessary for the proper and effective performance of the functions of the committee.

• (4) The chairperson of a committee of the Board shall be appointed by the Board from among the members of the committee.

• (5) A member of a committee of the Board shall—

• (a) hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

• (b) be paid out of moneys at the disposal of An Garda Síochána.

• (6) The Board may at any time remove a member of a committee of the Board for stated reasons.

• (7) The Board may determine the terms of reference and regulate the procedure of a committee of the Board.

• (8) The acts of a committee of the Board shall be subject to confirmation by the Board unless the Board otherwise determines.

• (9) A committee of the Board shall provide the Board with such information as the Board may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Board of its functions.

• (10) The Board may at any time dissolve a committee of the Board.

• (11) A committee of the Board may act notwithstanding one or more than one vacancy in its membership.

22. Meetings and procedures of Board

22. (1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in each 2 month period of each year shall hold at least one meeting.

• (2) The Minister, in consultation with the chairperson of the Board, shall fix the date, time and place of the first meeting of the Board.

• (3) The chairperson may call a meeting of the Board at any reasonable time.

• (4) Any 5 members of the Board may call a meeting of the Board where the chairperson—

• (a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 5 members of the Board, or

• (b) without refusing to call a meeting, does not call one within 7 days after being presented with the requisition.

• (5) The members present at a meeting called under subsection (4) shall choose one of their number to chair the meeting.

• (6) Subject to subsection (5), at a meeting of the Board—

• (a) the chairperson of the Board shall, where present, chair the meeting, or

• (b) where and so long as the chairperson of the Board is not present or where that office is vacant, the other members of the Board who are present shall choose one of their number to chair the meeting.

• (7) The quorum for a meeting of the Board shall—

• (a) where subsection (4) applies, be 4 ordinary members and the member chosen under subsection (5) to chair the meeting,

• (b) where subsection (6)(b) applies, be 4 ordinary members and the member chosen under that subsection to chair the meeting, and

• (c) in any other case, be 4 ordinary members and the chairperson.

• (8) Each member of the Board present at a meeting of the Board shall have a vote.

• (9) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

• (10) The Garda Commissioner shall not be a member of the Board or a committee of the Board but the Garda Commissioner may, in accordance with procedures specified by the Board or such a committee, attend meetings of the Board or the committee concerned, and may speak, and give advice, at such meetings.

• (11) In addition to a meeting with all participants physically present, the Board may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time (in this section referred to as a “remote meeting”).

• (12) A member of the Board who participates in a remote meeting is taken for all purposes to have been present at the meeting.

• (13) Subject to this Act, the Board shall regulate its procedure by rules or otherwise.

• (14) Non-compliance with the rules of the Board shall not invalidate any decision of the Board.

23. Secretary to Board

23. (1) The Board, having consulted with the Garda Commissioner, shall appoint a senior member of garda staff to be the Secretary to the Board (in this Part referred to as the “Secretary”).

• (2) The Board shall not appoint a person under this section unless the Board is satisfied that the person has the relevant skills and experience to perform the functions of the Secretary.

• (3) The Secretary shall hold office for such period as the Board may determine.

24. Functions of Secretary to Board

24. (1) The Secretary shall carry on and manage, and control generally, the administration of the Board and perform such other functions (if any) as may be determined by the Board.

• (2) The Secretary shall perform his or her functions under this section in accordance with such directions as may be given to him or her from time to time by the Board and shall be accountable to the Board for the performance of those functions.

• (3) The Secretary shall not, in the performance of his or her functions under this section, be subject to the direction and control of the Garda Commissioner pursuant to paragraph (a) of section 56.

• (4) The Secretary shall provide to the chairperson of the Board such information in relation to the performance of his or her functions under this section as the Board may require.

• (5) The Secretary may, with the consent of the Board, authorise a member of the staff of the Board to perform a specified function of the Secretary and such a member of the staff so authorised may perform the function accordingly.

• (6) The Board may designate a member of the staff of the Board to perform the functions of Secretary in the absence of the Secretary or where the office of Secretary is vacant, and a member of the staff of the Board so designated shall, in such absence or upon such office being vacant, perform those functions.

• (7) In this section, “member of the staff of the Board” means a member of garda staff assigned by the Garda Commissioner under section 25(1).

25. Secretariat, premises and staff of Board

25. (1) The Garda Commissioner shall assign to the Board such and so many members of garda staff and other resources as the Board reasonably considers appropriate to perform the functions of a secretariat to the Board, including to the audit committee and any committees of the Board.

• (2) The Board may determine the duration of assignment under subsection (1) of members of garda staff.

• (3) Members of garda staff assigned under subsection (1) shall not, in the performance of their functions under this section, be subject to the direction and control of the Garda Commissioner pursuant to paragraph (a) of section 56.

• (4) The Garda Commissioner shall provide the Board with appropriate premises in which to perform its functions.

Chapter 3 Garda Commissioner and Deputy Garda Commissioner

26. Appointment of Garda Commissioner

26. (1) Subject to this section, the appointment of a person as the Garda Commissioner shall be made by the Government.

• (2) The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for appointment as the Garda Commissioner.

• (3) Prior to inviting the Service to undertake a selection competition under subsection (2), the Minister shall consult with—

• (a) the Board, and

• (b) the Authority,

with regard to the criteria relating to knowledge, ability and suitability for appointment as the Garda Commissioner (in this section referred to as the “selection criteria”) and the recruitment process for such appointment.

• (4) The Minister shall agree with the Service the selection criteria and the recruitment process that are to apply to a selection competition under this section, having regard to the views of the Board and the Authority obtained pursuant to subsection (3).

• (5) 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 the Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions of the Garda Commissioner under this Act.

• (6) The appointment of a person as the Garda Commissioner shall be for a period—

• (a) of 5 years, or

• (b) ending on the date on which the person shall retire from the office of Garda Commissioner in accordance with any regulations made under section 254,

whichever is the lesser period.

• (7) Notwithstanding subsection (6), the Government may, having consulted with the Board and the Authority, extend the term of office of a Garda Commissioner for a further period—

• (a) not exceeding 2 years, or

• (b) ending on the date on which the person shall retire from such office in accordance with any regulations made under section 254,

whichever is the lesser period.

• (8) Subject to subsection (9), a person appointed as the Garda Commissioner shall hold office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (9) The person who, on the coming into operation of this section, holds the office of Garda Commissioner, shall be deemed to have been appointed under this section and shall continue in office in accordance with—

• (a) this Act,

• (b) the regulations, and

• (c) to the extent to which the terms and conditions of his or her appointment under the Act of 2005 are not inconsistent with this Act or the regulations, those terms and conditions.

27. Appointment of Deputy Garda Commissioner

27. (1) Subject to this section, the appointment of a person to the rank of Deputy Garda Commissioner shall be made by the Government.

• (2) The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for appointment to the rank of Deputy Garda Commissioner.

• (3) Prior to inviting the Service to undertake a selection competition under subsection (2), the Minister shall consult with—

• (a) the Board, and

• (b) the Authority,

with regard to the criteria relating to knowledge, ability and suitability for appointment to the rank of Deputy Garda Commissioner (in this section referred to as the “selection criteria”) and the recruitment process for such appointment.

• (4) The Minister shall agree with the Service the selection criteria and the recruitment process that are to apply to a selection competition under this section, having regard to the views of the Board and the Authority obtained in accordance with subsection (3).

• (5) A person shall not be recommended by the Service under this section unless the Service 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 and expertise as are appropriate having regard, in particular, to the functions that may be assigned to a member of that rank.

• (6) Subject to subsection (7), a person appointed to the rank of Deputy Garda Commissioner holds office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (7) A person who, on the coming into operation of this section, holds the rank of Deputy Garda Commissioner, shall be deemed to have been appointed under this section and shall continue in office in accordance with—

• (a) this Act,

• (b) the regulations, and

• (c) to the extent to which the terms and conditions of his or her appointment under the Act of 2005 are not inconsistent with this Act or the regulations, those terms and conditions.

28. Power of Deputy Garda Commissioner to perform functions of Garda Commissioner

28. (1) Subject to this section, the appropriate Deputy Garda Commissioner may perform the functions of the Garda Commissioner during any period when the Garda Commissioner is unable to perform his or her functions.

• (2) The appropriate Deputy Garda Commissioner may perform the functions of the Garda Commissioner pursuant to subsection (1)—

• (a) for a period not exceeding 2 months, or

• (b) for a period exceeding 2 months with the consent of the Minister.

• (3) Where—

• (a) more than one Deputy Garda Commissioner stands appointed under section 27, and

• (b) the Deputy Garda Commissioner who would otherwise be the appropriate Deputy Garda Commissioner is unable to perform his or her functions,

the next most senior Deputy Garda Commissioner in order of date of appointment to the rank of Deputy Garda Commissioner, shall be the appropriate Deputy Garda Commissioner for the period during which the Deputy Garda Commissioner referred to in paragraph (b) is unable to perform his or her functions.

• (4) Where—

• (a) the Garda Commissioner is unable to perform his or her functions, and

• (b) each Deputy Garda Commissioner is likewise so unable,

the Minister may designate an Assistant Garda Commissioner to perform the functions of the Garda Commissioner during the period that the Garda Commissioner and each Deputy Garda Commissioner are so unable (in this section referred to as the “designated Assistant Garda Commissioner”).

• (5) The designated Assistant Garda Commissioner may perform the functions of the Garda Commissioner pursuant to subsection (4)—

• (a) for a period not exceeding 2 months, or

• (b) for a period exceeding 2 months with the consent of the Minister.

• (6) The Minister shall, prior to making a designation under subsection (4), consult with—

• (a) the Board, and

• (b) where practicable, the Garda Commissioner.

• (7) Where an appropriate Deputy Garda Commissioner or a designated Assistant Garda Commissioner performs the functions of the Garda Commissioner pursuant to subsection (1) or (4), sections 30, 31 and 32 shall apply in respect of such Deputy Garda Commissioner or Assistant Garda Commissioner as they apply in respect of the Garda Commissioner.

• (8) Where an appropriate Deputy Garda Commissioner or a designated Assistant Garda Commissioner is performing, or is to perform, the functions of the Garda Commissioner pursuant to subsection (1) or (4), the Minister and the Authority shall, without delay, be so notified in writing by—

• (a) subject to paragraph (b), the Garda Commissioner, or

• (b) where the office of Garda Commissioner is vacant or the Garda Commissioner is unable to so notify, the appropriate Deputy Garda Commissioner or the designated Assistant Garda Commissioner, as the case may be.

• (9) A notification under subsection (8) shall specify—

• (a) the date from which the appropriate Deputy Garda Commissioner or designated Assistant Garda Commissioner commenced, or is to commence, performing the functions of the Garda Commissioner,

• (b) the reason for which he or she is so performing those functions, and

• (c) where known, the date on which he or she will cease to so perform the functions.

• (10) Where the Minister—

• (a) gives his or her consent to the performance of the functions of the Garda Commissioner by the appropriate Deputy Garda Commissioner for a period exceeding 2 months under subsection (2)(b),

• (b) makes a designation under subsection (4), or

• (c) gives his or her consent to the performance of the functions of the Garda Commissioner by the designated Assistant Garda Commissioner for a period exceeding 2 months under subsection (5)(b),

the Minister shall notify the Authority of such giving of consent or designation as soon as practicable thereafter.

• (11) In this section—

• (a) a reference to the Garda Commissioner being unable to perform his or her functions means—

• (i) the Garda Commissioner being absent, incapacitated or suspended from duty, or

• (ii) the office of Garda Commissioner being vacant,

• (b) a reference to a Deputy Garda Commissioner being unable to perform his or her functions means—

• (i) the Deputy Garda Commissioner being absent, incapacitated or suspended from duty, or

• (ii) the office, or each office, as the case may be, of Deputy Garda Commissioner being vacant,

and

• (c) “appropriate Deputy Garda Commissioner” means—

• (i) where not more than one Deputy Garda Commissioner stands appointed pursuant to section 27, that Deputy Garda Commissioner, or

• (ii) subject to subsection (3), where more than one Deputy Garda Commissioner stands so appointed, the most senior Deputy Garda Commissioner in order of date of appointment to the rank of Deputy Garda Commissioner.

29. Resignation of Garda Commissioner or Deputy Garda Commissioner

29. (1) A person who holds the office of Garda Commissioner or Deputy Garda Commissioner may resign from office by notice in writing addressed to the Minister and copied to the Board 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.

• (2) The Minister shall, as soon as practicable, inform the Authority of the resignation of a person under subsection (1).

30. Suspension from duty of Garda Commissioner or Deputy Garda Commissioner

30. (1) Subject to this section, the Minister may suspend from duty a person who holds the office of Garda Commissioner or Deputy Garda Commissioner where—

• (a) the person is the subject of an investigation into allegations that he or she may have—

• (i) committed an offence, or

• (ii) behaved in a manner that would constitute serious misconduct,

and

• (b) the Minister is satisfied that, in the circumstances, the suspension of the person from duty is in the public interest.

• (2) Without prejudice to subsection (1), the Board may recommend to the Minister the suspension from duty of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner where—

• (a) subsection (1)(a) applies to the person, and

• (b) it is of the opinion that the suspension of the person from duty is in the public interest.

• (3) The Minister shall consider any recommendation made to him or her by the Board under subsection (2).

• (4) The Minister shall, prior to suspending a person from duty under subsection (1)—

• (a) notify the person in writing that the Minister is proposing to suspend the person from duty, and include in the notification a statement of his or her reasons for so proposing,

• (b) provide the person with an opportunity to make submissions regarding the proposed suspension of that person from duty,

• (c) consider any such submissions made by, or on behalf of, the person, and

• (d) consult with the Board.

• (5) The Minister may terminate the suspension from duty of a person under subsection (1) where he or she is satisfied that paragraph (a) or (b) of that subsection no longer apply in respect of the person, having consulted in that regard with the Board.

31. Removal from office of Garda Commissioner or Deputy Garda Commissioner

31. (1) Without prejudice to the Performance Regulations and the Conduct Regulations and subject to this section, a person who holds the office of Garda Commissioner or Deputy Garda Commissioner may be removed from office by the Government for stated reasons, including where—

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

• (b) in the case of the Garda Commissioner, he or she has failed to have due regard to one or more of the matters specified in section 33(2),

• (c) 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

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

• (2) The Board 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, and the Government shall consider any such recommendation.

• (3) The Government may, where they consider it necessary or appropriate to do so for the purposes of subsection (1), request the Chief Justice to invite a judge (while serving as a judge) to—

• (a) hold an inquiry into any matter giving rise to a proposal to remove a person from office under this section, and

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

• (4) The Chief Justice may invite—

• (a) a judge of the Supreme Court,

• (b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or

• (c) with the consent of the President of the High Court, a judge of the High Court,

to hold an inquiry under this section and report to the Government on the findings of the inquiry and, if the invitation is accepted, the Chief Justice shall appoint the judge to hold the inquiry and so report (in this section and section 32 referred to as an “appointed judge”).

• (5) The Government shall, prior to removing a person from office under this section—

• (a) notify the person in writing that the Government propose to consider removing the person from office, and include in the notification a statement of the reasons for doing so,

• (b) where the Government appoint an appointed person to hold an inquiry into a matter giving rise to the proposal to remove the person from office—

• (i) notify that person in writing of such appointment,

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

• (iii) inform the Board of the findings of the inquiry and where they consider it appropriate, provide a copy of the report to the Board, and

• (iv) provide a copy of the report to that person,

• (c) provide the person with an opportunity to make submissions as to why he or she ought not to be removed from office,

• (d) consider any such submissions made by, or on behalf of, the person, and

• (e) consult with the Board.

• (6) On notifying a person pursuant to subsection (5)(a) that the Government intend to consider removing him or her from office, the Government may, where the person is not suspended pursuant to section 30 and where they consider it appropriate, suspend the person from duty.

• (7) Subject to subsection (8), the suspension from duty of a person under subsection (6) shall continue until the Government make a decision in relation to whether the person should be removed from office under this section.

• (8) Where a person is suspended from duty under subsection (6) and the Government are of the opinion that the steps required to be taken under subsection (5) have not been taken without undue delay, the suspension shall be terminated by the Government.

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

32. Inquiry under section 31(3)(a)

32. (1) An appointed judge may conduct an inquiry under section 31(3)(a) in the manner he or she thinks proper, whether by examining witnesses or otherwise, and may, in particular, conduct any proceedings relating to the inquiry otherwise than in public.

• (2) For the purpose of an inquiry under this section, the appointed judge has the powers, rights and privileges vested in a judge of the High Court on the hearing of an action, including the power to—

• (a) enforce the attendance of witnesses, and

• (b) compel the production of records.

• (3) A person who does or omits to do anything that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.

• (4) A statement or admission made by a person to an appointed judge in an inquiry under section 31(3)(a) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (3)).

• (5) The Minister may issue a directive to the Garda Commissioner, a Deputy Garda Commissioner or an Assistant Garda Commissioner requiring that person to take any lawful measures that appear to the person to be necessary or expedient for the purposes of—

• (a) preserving evidence relating to the matter the subject of the inquiry under section 31(3)(a), and

• (b) facilitating the appointed judge to obtain that evidence.

Chapter 4 Functions and duties of Garda Commissioner

33. Functions of Garda Commissioner

33. (1) Subject to this Act, the Garda Commissioner shall have the following functions:

• (a) to ensure that An Garda Síochána carries out its functions;

• (b) to direct and control An Garda Síochána;

• (c) to carry on, manage and control generally the administration and business of An Garda Síochána, including by—

• (i) being responsible for the allocation and deployment of resources available to him or her and determining the manner in which members of garda personnel are to be distributed and stationed throughout the State, and

• (ii) arranging for the recruitment, training and appointment of members of garda personnel and the continuing professional development of such members;

• (d) to seek to secure the continuous improvement of the policing and security of the State;

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

• (f) to assist and cooperate with the Authority and the Police Ombudsman in order to facilitate the performance by the Authority and the Police Ombudsman of their functions under this Act;

• (g) to perform any other functions that are assigned to him or her by or under this Act or any other enactment.

• (2) In performing his or her functions, the Garda Commissioner shall seek to ensure that those functions are carried out with due regard to—

• (a) the policing principles,

• (b) the objective of promoting effectiveness, efficiency and economy in An Garda Síochána,

• (c) the obligations of An Garda Síochána under section 42 of the Irish Human Rights and Equality Commission Act 2014,

• (d) the policing priorities,

• (e) the security priorities,

• (f) the strategic plan as laid under section 64(1),

• (g) the annual service plan as laid under section 65(12) or 66(10),

• (h) the capital plan as laid under section 69(1),

• (i) the allocated resources,

• (j) any relevant policies of the Minister or the Government, and

• (k) any directive issued to him or her under section 37(1).

• (3) The Garda Commissioner shall, to the extent practicable, ensure that members of garda personnel stationed in a part of a Garda Síochána division that includes a Gaeltacht area are sufficiently competent in the Irish language to enable them to use it with facility in carrying out their duties.

• (4) Where the Garda Commissioner made a determination under section 33(1) of the Act of 2005 prior to the repeal of that section by section 5 and which determination is in force immediately before such repeal, the determination shall be deemed to be a determination made by the Garda Commissioner pursuant to the performance of his or her functions under subsection (1)(c)(i).

• (5) In this section, “Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 and continued to be such an area under section 7(1) of the Gaeltacht Act 2012.

34. Independence and accountability of Garda Commissioner

34. (1) Subject to this Act, the Garda Commissioner shall be independent in the performance of his or her functions.

• (2) The Garda Commissioner shall be accountable to the Board for the performance of his or her functions.

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

35. (1) The Garda Commissioner shall account fully to the Government and the Minister through the Secretary General of the Department of Justice in relation to matters connected with the provision of policing services and security services by An Garda Síochána.

• (2) The Garda Commissioner’s duty under subsection (1) includes the duty to provide, at the request of the Secretary General of the Department of Justice, any document in the power or control of An Garda Síochána, including material in the form of Garda records, statements made by members of garda personnel and by other persons and reports.

• (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.

36. Duty of Garda Commissioner to provide information to Minister

36. (1) The Garda Commissioner shall keep the Minister and the Secretary General of the Department of Justice 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, or

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

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

• (c) significant developments that might reasonably be expected to adversely affect the performance of An Garda Síochána;

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

• (e) 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 provision of policing services or security services by An Garda Síochána or the performance of such of the Commissioner’s functions as may be specified by the Minister.

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

• (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 such period as may be specified in the requirement.

• (4) Where and in so far as a report under subsection (2) relates to matters concerning policing services, the Minister shall inform the Authority of those matters.

• (5) The Minister may publish all or part of a report submitted under subsection (2).

37. Directives from Minister

37. (1) Subject to subsection (6), the Minister may, with the approval of the Government, issue to the Garda Commissioner written directives concerning any matter relating to An Garda Síochána.

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

• (3) The Garda Commissioner shall, in performing his or her functions under this Act, comply with any directive issued to him or her under subsection (1).

• (4) Subject to subsection (5), as soon as practicable after issuing a directive under subsection (1), the Minister shall cause a copy of the directive to be laid before each House of the Oireachtas.