POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

• (vii) the prevention of fraud,

• (viii) the prevention of corruption,

• (ix) protected disclosures, and

• (x) such other matters as the Board may determine.

• (3) Subject to subsection (7), the audit committee shall meet at least 4 times in each year and may invite any person it considers appropriate (whether that person is or is not a member of garda personnel) to attend a meeting of the committee.

• (4) The Garda Commissioner shall—

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

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

• (5) The Garda Commissioner shall furnish to the audit committee information, on any financial matter or procedure necessary for the performance of its functions when requested to do so by the audit committee, including where such information relates to—

• (a) any contract that the Garda Commissioner proposes to enter into involving expenditure of an amount in excess of a threshold specified by the committee, or

• (b) any legal proceedings or prospective legal proceedings against the Garda Commissioner that may give rise to potential financial liability.

• (6) The audit committee may, on its own initiative or at the request of the Board, review the effectiveness of the audit committee and make a report thereon to the Board.

• (7) A meeting of the former audit committee held in the same year as the year in which the relevant day falls shall count as a meeting of the audit committee for the purposes of subsection (3).

• (8) In this section and section 76—

“former audit committee” means the audit committee established pursuant to section 44 of the Act of 2005;

“relevant day” means the day on which the audit committee is established by the Board under section 74.

76. Provisions supplementary to section 75

76. (1) On the relevant day the former audit committee shall stand dissolved.

• (2) Anything commenced and not completed immediately before the relevant day by or under the authority of the former audit committee may, in so far as it relates to a function of the audit committee, be carried on or completed on or after that day by the audit committee.

• (3) Every document granted or made, by the former audit committee, if and in so far as it was operative immediately before the relevant day, shall have effect on and after that day as if it had been granted or made by the audit committee.

• (4) Each record held by the former audit committee immediately before the relevant day shall, on that day, stand transferred to the audit committee and shall, on and after that day, be the property of the audit committee and be regarded as being held by the audit committee.

77. Statistical information

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

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

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

• (a) the period beginning 1 January 2024 and ending 3 months after that date, and

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

Chapter 7 Codes of ethics, standards of integrity, unauthorised disclosure of information

78. Code of ethics for members of garda personnel

78. (1) The Authority shall issue a code of ethics that includes—

• (a) standards of conduct and practice for members of garda personnel, and

• (b) provisions to encourage and facilitate the reporting by members of garda personnel of wrongdoing in An Garda Síochána.

• (2) The Authority shall, before issuing a code of ethics under this section, consult with the following in relation to the content of the code:

• (a) the Minister;

• (b) the Minister for Public Expenditure, National Development Plan Delivery and Reform;

• (c) the Garda Commissioner;

• (d) the Board;

• (e) the associations established in accordance with section 59(1);

• (f) any recognised trade union or staff association representing members of garda staff;

• (g) the Irish Human Rights and Equality Commission;

• (h) the Standards in Public Office Commission;

• (i) the Police Ombudsman;

• (j) any other person or body appearing to the Authority to have an interest in the matter.

• (3) In preparing a code of ethics under this section, the Authority shall have regard to—

• (a) the policing principles,

• (b) the standards, practices and procedures applicable to the conduct of police officers and police staff in Member States of the European Union other than the State, and the United Kingdom, and

• (c) any relevant recommendations of the Council of Europe.

• (4) The Authority may amend a code of ethics issued under this section and references in this section to issuing a code of ethics shall, unless the context otherwise requires, be construed as including references to amending such a code.

• (5) The Authority may revoke a code of ethics issued under this section.

• (6) Whenever the Authority issues a code of ethics under this section, the Authority shall provide the Minister with a copy of the code so issued and the Minister shall, as soon as practicable after he or she receives it, cause a copy of it to be laid before each House of the Oireachtas.

• (7) The Authority shall publish a code of ethics issued under this section on a website maintained by or on behalf of the Authority or in such other manner as the Authority considers appropriate.

• (8) The Garda Commissioner shall take such steps as are necessary to ensure—

• (a) that all members of garda personnel have read and understood a code of ethics issued under this section, and

• (b) that a record is kept of the steps taken under paragraph (a) in relation to each member of garda personnel.

79. Standards of integrity, codes of ethics for members of Board or committee, advisers or consultants, etc.

79. (1) In performing functions under this Act—

• (a) a person engaged by the Garda Commissioner under section 41 as a consultant or adviser,

• (b) subject to subsection (2), an employee or contractor of a person referred to in paragraph (a), or

• (c) a member of the Board, a committee of the Board or the audit committee,

shall maintain proper standards of integrity, conduct and concern for the public interest.

• (2) Subsection (1) applies to an employee or contractor of a person referred to in paragraph (a) of that subsection in respect only of the duties of employment or the contract, as the case may be, relating to the purposes for which the Garda Commissioner has engaged that person.

• (3) For the purposes of subsection (1), the Board shall issue a code of ethics for the guidance of persons to whom that subsection applies.

• (4) A code of ethics issued under subsection (3) shall set out the standards of integrity and conduct to be maintained by the persons to whom it applies in performing their functions under this Act.

• (5) A person to whom a code of ethics issued under subsection (3) applies shall act in accordance with the code in performing his or her functions under this Act.

• (6) Where a person is an employee of a person engaged by the Garda Commissioner under section 41 as a consultant or adviser, his or her terms and conditions shall be deemed to include the requirements that apply to the employer under subsection (5).

• (7) Subject to subsection (8), the Board shall, as soon as practicable after issuing a code of ethics under subsection (3), make the code available to persons to whom subsection (1) applies.

• (8) The Garda Commissioner shall provide a copy of a code of ethics issued under subsection (3) to a person engaged by him or her as a consultant or adviser under section 41 and the person so engaged shall make that copy available to his or her employees or contractors to whom subsection (1)(b) applies.

• (9) A document purporting to be a code of ethics issued under subsection (3) is, in the absence of evidence to the contrary, to be taken to be such a code and shall be admissible as such in any proceedings before a court or other tribunal.

• (10) Any provision of a code of ethics issued under subsection (3) that appears to a court or other tribunal to be relevant to a question in proceedings before the court or tribunal, as the case may be, may be taken into account by it in determining the question.

80. Confidentiality of certain information (Part 2)

80. (1) A person who is or was—

• (a) a member of garda personnel,

• (b) a member of the Board, a committee of the Board or the audit committee,

• (c) under contract with the Garda Commissioner pursuant to section 40(1)(a) or engaged by him or her pursuant to section 41, or

• (d) an employee or a contractor of a person to whom paragraph (c) applies,

shall not disclose, in or outside the State, unless he or she is required or permitted by law or duly authorised by the Garda Commissioner in furtherance of his or her functions, any information obtained in the course of carrying out the duties of that person’s office, employment, contract or other arrangement, whether obtained before or after the repeal of the Act of 2005 by section 5, where that disclosure is likely to have a harmful effect and the person knows or believes that the disclosure is likely to have such an effect.

• (2) For the purpose of this section, the disclosure of information referred to in subsection (1) is likely to have a harmful effect where it is likely to—

• (a) facilitate the commission of an offence,

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

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

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

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

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

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

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

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

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

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

• (h) result in the publication of personal information (within the meaning of the Freedom of Information Act 2014) relating to a person that constitutes an unwarranted and serious infringement of that person’s right to privacy,

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

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

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

• (4) In any proceedings for an offence under this section, it shall be a defence to show that the disclosure was—

• (a) made to—

• (i) the Minister,

• (ii) the Attorney General,

• (iii) the Director of Public Prosecutions,

• (iv) the Chief State Solicitor,

• (v) the Criminal Assets Bureau,

• (vi) the Comptroller and Auditor General or the staff of the Office of the Comptroller and Auditor General,

• (vii) the Police Ombudsman, the Deputy Police Ombudsman or an officer of the Police Ombudsman,

• (viii) the Authority,

• (ix) the Revenue Commissioners,

• (x) the State Claims Agency,

• (xi) the Child and Family Agency,

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

• (xiii) a court, or

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

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

• (c) reasonably believed by the person who made the disclosure to be required or permitted by law, duly authorised by the Garda Commissioner in furtherance of his or her functions or made in accordance with paragraph (a) or (b).

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

• (a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 12 months, or both, or

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

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

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both, or

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

• (7) In any proceedings for an offence under this section, it shall not be necessary to prove that the disclosure had a harmful effect.

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

Chapter 8 Special inquiries relating to administration, operation, practice or procedure of An Garda Síochána or conduct of members of garda personnel

81. Interpretation (Part 2) (Chapter 8)

81. (1) In this Chapter—

“appointed person” has the meaning assigned to it by section 82(1)(b);

“final report” has the meaning assigned to it by section 82(1)(c);

“inquiry” means an inquiry ordered by the Minister under section 82(1);

“interim report” has the meaning assigned to it by section 88(1);

“legal costs” means fees, disbursements, charges and expenses included in a bill of costs in respect of a practising barrister or practising solicitor, or both (within the meaning of the Legal Services Regulation Act 2015);

“replacement appointed person” has the meaning assigned to it by section 89(1).

• (2) Where an order under section 89(1) is made, a reference in this Chapter to an appointed person shall be construed as including a reference to a replacement appointed person.

82. Special inquiries relating to administration, operation, practice or procedure of An Garda Síochána or conduct of members of garda personnel

82. (1) The Minister may, subject to this Chapter, with respect to any matter considered by him or her to be of significant public concern—

• (a) order an inquiry into any aspect of the administration, operation, practice or procedure of An Garda Síochána or the conduct of members of garda personnel,

• (b) appoint a person to conduct the inquiry (in this Chapter referred to as an “appointed person”), and

• (c) direct that, on the conclusion of the inquiry, an appointed person shall make a report thereon (in this Chapter referred to as a “final report”) to the Minister.

• (2) The Authority shall, where it is satisfied that an inquiry into a matter relating to policing services is required, request the Minister to order an inquiry.

• (3) Where the Authority requests the Minister under subsection (2) to order an inquiry and the Minister does not so order, the Minister shall inform the Authority of his or her reasons for not doing so.

• (4) The Minister shall not, other than where the Authority has made a request under subsection (2), order an inquiry unless he or she has consulted with the Authority as to whether such an inquiry is necessary.

• (5) The Minister shall not appoint a person under subsection (1)(b) unless the Minister is satisfied that the person has such skills, experience, qualifications, training and expertise as are appropriate to conduct an inquiry.

• (6) Subject to this Chapter, an appointed person shall be independent in the performance of his or her functions under this Chapter.

• (7) The power under subsection (1)(a) to order an inquiry is without prejudice to any power conferred by this Act or any other enactment in relation to inquiries or investigations howsoever called.

83. Terms of reference of special inquiries

83. (1) Subject to this section, the Minister shall specify the terms of reference of an inquiry in an order under section 82(1)(a).

• (2) Before specifying the terms of reference of an inquiry, the Minister may consult with such persons as he or she thinks fit.

• (3) Where the matter that is the subject of an inquiry relates to policing services, the Minister shall consult with the Authority before specifying the terms of reference of the inquiry.

• (4) The terms of reference of an inquiry shall, as appropriate and to the extent possible, specify the aspect of the administration, operation, practice or procedure of An Garda Síochána or the conduct of members of garda personnel to be inquired into with a view to ensuring that the scope of the inquiry is described precisely.

• (5) The Minister shall, where he or she is, under subsection (1), specifying the terms of reference of an inquiry, have regard to the objectives of having the inquiry conducted and the final report submitted—

• (a) as expeditiously as a proper consideration of the matters the subject of the inquiry permits, and

• (b) in accordance with section 86.

• (6) The Minister may by order, made at any time before the submission of the final report, amend the terms of reference of an inquiry for the purpose of clarifying, limiting or extending the scope of the inquiry.

• (7) An appointed person shall provide the Minister with all the information required by the Minister for the purposes of the performance of his or her functions under subsection (6) and section 84(4).

• (8) Subsections (2) to (5) shall apply with the necessary modifications in relation to an amendment under subsection (6) of the terms of reference of an inquiry.

84. Timeframe of special inquiries

84. (1) An order under section 82(1)(a) shall be accompanied by a statement in writing by the Minister specifying the timeframe for the submission of the final report to the Minister.

• (2) The Minister shall, before preparing a statement under subsection (1), consult with the appointed person concerned.

• (3) An appointed person shall, subject to this Chapter, conduct an inquiry in relation to which he or she has been appointed under section 82(1) and make the final report in relation thereto to the Minister, within the timeframe specified by the Minister in a statement under subsection (1).

• (4) The Minister may extend the timeframe specified in a statement under subsection (1) for the submission of a final report in relation to an inquiry—

• (a) where he or she has, under section 83(6), amended the terms of reference of the inquiry, or

• (b) at the request of the appointed person,

where the Minister is satisfied, having regard to the objectives of having the inquiry conducted and the final report submitted as expeditiously as a proper consideration of the matters the subject of the inquiry permits, that there is good reason for so doing.

• (5) The Minister shall, before extending the timeframe under subsection (4) for the submission of a final report, consult with the appointed person concerned.

• (6) Where an appointed person requests that the timeframe for submitting his or her final report be extended under subsection (4)(b), he or she shall, when so requesting, submit an interim report to the Minister with the request.

85. Powers of appointed person

85. (1) For the purposes of an inquiry, an appointed person may do one or more of the following:

• (a) direct a person, by notice delivered to him or her, to provide any information, document or thing that is specified in the notice and is relevant to, and required for the purposes of, the inquiry;

• (b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice, any document or thing specified in the notice that is relevant to, and required for the purposes of, the inquiry and is in the person’s power or control;

• (c) summon witnesses to attend the inquiry;

• (d) direct a witness to answer a question put to him or her at the inquiry;

• (e) give any other direction that appears to the appointed person to be necessary, just and reasonable for the purposes of the inquiry;

• (f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

• (2) A person—

• (a) to whom a direction is given under paragraph (a), (b), (d) or (e) of subsection (1) shall—

• (i) cooperate with the inquiry, and

• (ii) comply fully with the direction,

or

• (b) on whom a summons is served under subsection (1)(c) shall—

• (i) cooperate with the inquiry,

• (ii) attend on such date and at such time and place as may be specified in the summons, and

• (iii) answer fully and truthfully any question put to him or her by the appointed person.

• (3) Where, in the opinion of an appointed person, there has been an inexcusable delay on the part of a person in complying with a direction given under paragraph (a), (b), (d) or (e) of subsection (1), the appointed person shall—

• (a) where the delay is on the part of a member of garda personnel, report the delay to the Garda Commissioner,

• (b) where the delay is on the part of a member of the Authority, report the delay to the chief executive of the Authority, or

• (c) where the delay is on the part of any other person who is an employee or representative of any other public body, report the delay to the chief executive officer, howsoever called, of the body.

• (4) A failure or refusal by a member of garda personnel to comply with a direction given under paragraph (a), (b), (d) or (e) of subsection (1) or a summons under paragraph (c) of that subsection may be the subject of action in accordance with the Conduct Regulations or the conduct code.

• (5) Where a person fails or refuses to comply with, or disobeys, a direction or summons under subsection (1), the High Court may, on application by the appointed person and on notice to the member of garda personnel, member of the Authority or other person, as the case may be—

• (a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

• (b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.

• (6) Where a person fails or refuses to comply with an order under subsection (5), the court may treat the failure for all purposes as if it were contempt of court.

• (7) A statement or admission made by a person pursuant to a direction or summons under subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence.

86. Conduct of special inquiries

86. (1) An inquiry shall be inquisitorial in nature.

• (2) An appointed person shall conduct an inquiry—

• (a) as informally as practicable and consistent with fair procedures, and

• (b) with as much expedition as a proper consideration of the matters the subject of the inquiry permits.

• (3) An inquiry shall be conducted otherwise than in public unless an appointed person is of the opinion that it is desirable in the interests of the inquiry and fair procedures to conduct all or part of the inquiry in public.

• (4) In conducting an inquiry, an appointed person shall, to the greatest possible extent that is consistent with the proper performance of his or her functions under this Chapter—

• (a) seek the voluntary cooperation of persons whose evidence is sought by him or her in relation to any matter within the terms of reference of the inquiry, and

• (b) facilitate such cooperation.

• (5) Subsection (4) shall not to be taken to limit in any way the powers of an appointed person under this Chapter.

87. Rules and procedures of special inquiries

87. (1) The Minister may, having regard to the need for an inquiry to be conducted in a timely, efficient and effective manner and in accordance with fair procedures, prescribe rules or procedures for the conduct of inquiries.

• (2) Subject to any rules or procedures prescribed by the Minister under subsection (1), an appointed person shall determine his or her own rules and procedures for the conduct of an inquiry.

• (3) Without prejudice to the generality of subsection (1), the Minister may, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe rules relating to the payment by the Minister to a witness at an inquiry of the reasonable legal costs and expenses associated with legal representation necessarily incurred by the witness in connection with the inquiry.

• (4) For the purposes of subsection (3), legal costs and expenses associated with legal representation are necessarily incurred by a witness in connection with an inquiry where—

• (a) the good name or conduct of the witness is called into question by any evidence received by an appointed person, or

• (b) other personal or property rights of the witness are at risk of being jeopardised as a result of any evidence received by an appointed person.

• (5) Rules prescribed under subsection (3) may—

• (a) restrict the types of legal services or fees for which payment may be made in accordance with those rules, and

• (b) otherwise limit (including by specifying maximum amounts) the extent to which legal costs and expenses associated with legal representation may be paid.

• (6) Before evidence is given by a witness to an inquiry, an appointed person shall provide the witness with a copy of any rules prescribed under subsection (3).

88. Reports of special inquiries

88. (1) An appointed person shall, where so requested by the Minister, make a report prior to the final report (in this Chapter referred to as an “interim report”) to the Minister at such intervals as may be specified in the request.

• (2) The Minister may request an interim report on the general progress of an inquiry or on a particular aspect of an inquiry.

• (3) The Minister may, having consulted with an appointed person, publish all or such part of a final report or an interim report as he or she considers appropriate.

89. Appointment of replacement appointed person

89. (1) Where—

• (a) an appointed person (in this section referred to as an “original appointed person”) is not in a position to continue to conduct an inquiry, or

• (b) the Minister is of the opinion that the original appointed person will not be in a position to submit his or her final report to the Minister within the timeframe specified by the Minister under subsection (1) of section 84 or as extended by the Minister under subsection (4) of that section, as the case may be, and there is no good reason for an extension, or further extension, of the timeframe concerned,

the Minister may by order remove the original appointed person and appoint a person (in this Chapter referred to as a “replacement appointed person”) in the place of the original appointed person to continue the conduct of the inquiry.

• (2) Without prejudice to section 88(1), an original appointed person shall provide the Minister with all the information required by the Minister for the purposes of the performance of his or her functions under this section.

• (3) Section 82(5) shall apply to an appointment under subsection (1).

• (4) Where a replacement appointed person is appointed under subsection (1), the appointment shall not affect the validity of anything previously done under this Chapter by the original appointed person.

90. Transitional provisions relating to special inquiries under Act of 2005

90. (1) Where, before the coming into operation of section 5, an inquiry has commenced under section 42 of the Act of 2005 and has not been completed on the date of such coming into operation, the person appointed to conduct the inquiry under the said section 42 shall be deemed to have been appointed under section 82(1)(b) and the provisions of this Chapter shall apply to that inquiry subject to any necessary modifications.

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

Chapter 9 International service and cooperation with police services, law enforcement agencies or other relevant person outside State

91. Interpretation (Part 2) (Chapter 9)

91. (1) In this Chapter—

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

“disciplinary sanction” means—

• (a) a written warning,

• (b) temporary reduction in pay not exceeding 2 weeks’ pay,

• (c) a final written warning, or

• (d) dismissal;

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

“international organisation” includes—

• (a) the United Nations,

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

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

• (d) any force or mission organised by, or operating with the mandate of, an international organisation specified in paragraph (a), (b) or (c);

“international service” means service outside the State for a purpose specified in—

• (a) paragraph (a), (b) or (c) of subsection (1) of section 92, or

• (b) paragraph (a), (b), (c), (d) or (e) of subsection (2) of that section.

• (2) The text of the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-operation, done at Belfast on 29 April 2002 and the text of the amendment to that Agreement which entered in force on 19 April 2010 are set out in Schedule 4 for convenience of reference.

92. International service

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

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

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

• (c) to participate in a special intervention unit (within the meaning of section 94B of the Act of 2008) in a member state (within the meaning of that Act).

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

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

• (b) as members of a joint investigation team (within the meaning of the Criminal Justice (Joint Investigation Teams) Act 2004),

• (c) in connection with the making of a controlled delivery (within the meaning of Chapter 4 of Part 6 of the Act of 2008) outside the State pursuant to a request under section 89 of that Act,

• (d) with the consent of the Minister, on secondment to an international organisation, or

• (e) with the consent of the Minister and the Minister for Foreign Affairs, as members of an Irish diplomatic mission.

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

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

• (5) Nothing in this section shall prevent a member of An Garda Síochána stationed in the State from travelling outside the State in the course of carrying out his or her duties.

• (6) Where a member of An Garda Síochána was assigned for service outside the State pursuant to section 51 of the Act of 2005 prior to the repeal of that section by section 5 and the person remains so assigned on the date of coming into operation of this section, he or she shall be deemed to have been assigned for service outside the State under this section.

• (7) In this section, “Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008.

93. Power to enter into agreements with other law enforcement agencies, relevant persons or bodies outside State

93. (1) The Garda Commissioner may, with the prior consent of the Government, on behalf of An Garda Síochána enter into an agreement with—

• (a) a police service or other law enforcement agency outside the State, or

• (b) a relevant person or body,

for the purpose of facilitating the performance by each party to the agreement of their respective functions.

• (2) An agreement under subsection (1) may provide for—

• (a) cooperation between the parties,

• (b) the exchange of information between the parties,

• (c) without prejudice to section 92, 94 or 95, the secondment of personnel to and from An Garda Síochána, or

• (d) such other matters as the Garda Commissioner thinks fit.

• (3) Subject to the Data Protection Regulation and the Data Protection Acts 1988 to 2018, the Garda Commissioner may, pursuant to and in accordance with the terms of an agreement under subsection (1), provide information to, and receive information from, the other party to the agreement.

• (4) Where the Garda Commissioner entered into an agreement—

• (a) under section 28 of the Act of 2005 with a police service or other law enforcement agency outside the State, or

• (b) under section 28A of the Act of 2005 with a relevant person or body (within the meaning of that section),

prior to the repeal of those sections by section 5, as the case may be, the agreement shall be deemed to have been entered into under this section.

• (5) In this section (other than in subsection (4)(b)), “relevant person or body” means a person or body outside the State in whom, or in which, functions are vested under the law of a place other than the State that are equivalent, or similar, to the functions of—

• (a) the Police Ombudsman under this Act or any other enactment,

• (b) the Authority under this Act or any other enactment,

• (c) a coroner under the Coroners Acts 1962 to 2020,

• (d) a commission of investigation under the Commissions of Investigation Act 2004,

• (e) a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, or

• (f) the Criminal Assets Bureau.

94. Secondment from Police Service of Northern Ireland to certain ranks of An Garda Síochána

94. (1) Subject to section 46, the Garda Commissioner may, at the request of the Chief Constable—

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

• (b) subject to the approval of the Board, appoint such a member of the Police Service of Northern Ireland as a member of An Garda Síochána of a rank of Assistant Garda Commissioner or chief superintendent for such period.

• (2) A person appointed under this section shall, during such appointment—

• (a) in accordance with section 56, be under the direction and control of the Garda Commissioner, and

• (b) subject to subsection (3), have the powers, immunities, privileges and duties of a member of An Garda Síochána of the rank to which he or she was appointed.

• (3) The Garda Síochána (Compensation) Act 2022 shall not apply in relation to a person appointed under this section.

• (4) The Garda Commissioner may, subject to subsection (5), terminate an appointment under this section.

• (5) The Garda Commissioner shall not terminate an appointment to which subsection (1)(b) applies without the approval of the Board.

• (6) Where a member of the Police Service of Northern Ireland was appointed to An Garda Síochána pursuant to section 53 of the Act of 2005 prior to the repeal of that section by section 5 and the person remains so appointed on the date of coming into operation of this section, he or she shall be deemed to have been appointed to An Garda Síochána under this section for the unexpired portion of the period left to run of the appointment under the said section 53.

95. Secondment from An Garda Síochána to Police Service of Northern Ireland

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

• (2) The Garda Commissioner may terminate a secondment under subsection (1).

• (3) During a period of secondment under subsection (1)—

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

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

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

• (4) Where a member of An Garda Síochána was seconded to the Police Service of Northern Ireland pursuant to section 54 of the Act of 2005 prior to the repeal of that section by section 5 and the person remains so seconded on the date of coming into operation of this section, he or she shall be deemed to have been seconded to the Police Service of Northern Ireland under this section for the unexpired portion of the period left to run of the secondment under the said section 54.

96. Breach of standards of professional behaviour by seconded members of An Garda Síochána

96. (1) A member of An Garda Síochána who, while on secondment to the Police Service of Northern Ireland under section 95, does or omits to do any act the doing or omission of which by a member of that service would constitute a breach of the Police Service of Northern Ireland standards of professional behaviour is liable on the expiry or termination of the period of secondment to the imposition of a disciplinary sanction by the Garda Commissioner in respect of the breach.

• (2) The imposition of a disciplinary sanction under subsection (1) may be based on—

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

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

• (c) any relevant court proceedings, or

• (d) any related documents.

• (3) Before imposing any disciplinary sanction under subsection (1), the Garda Commissioner shall—

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

• (b) provide that member with an opportunity to make submissions, within a specified period, as to why the action should not be taken against him or her.

• (4) Without prejudice to the generality of subsections (2) and (3), the Minister may, subject to section 252(2), having consulted with the Garda Commissioner, make regulations providing for the procedures under which a disciplinary sanction may be imposed against a member of An Garda Síochána under subsection (1).

• (5) In any proceedings—

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

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

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

97. Breach of standards of professional behaviour by seconded members of Police Service of Northern Ireland

97. (1) For as long as a person appointed as a member of An Garda Síochána under section 94 is a member of the Police Service of Northern Ireland, an investigation under Part 6 and any investigation or proceeding under the Conduct Regulations in relation to that person may proceed regardless of whether he or she remains a member of An Garda Síochána.

• (2) No disciplinary sanction may be imposed on a person referred to in subsection (1) under this Act or the regulations.

• (3) Notwithstanding subsection (2), where a person referred to in subsection (1) is the subject of an investigation or proceedings under the Conduct Regulations, the Garda Commissioner may transmit to the Chief Constable any findings made in the course of such an investigation or proceedings or such material connected thereto as he or she considers appropriate.

• (4) The Garda Commissioner shall inform the Minister of any transmission of documents under subsection (3).

Chapter 10 Offences of causing disaffection, impersonation

98. Causing disaffection

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

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

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both, or

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

99. Offence of impersonating member of An Garda Síochána

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

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

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

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

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both, or

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

100. Other offences relating to impersonation

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

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

• (b) puts on or wears—

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

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

or

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

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

• (3) A person is guilty of an offence if he or she, without lawful authority, drives a mechanically propelled vehicle in a public place to which is fitted a lamp that is capable of showing a flashing light in blue which is visible outside of the vehicle and is such as to be likely to deceive another person that the vehicle is being used by a member of An Garda Síochána in the course of the performance of his or her duties.

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

• (a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months, or both, or

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

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

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

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

• (6) Nothing in this section prevents the driving of any mechanically propelled vehicle, with the prior approval of the Garda Commissioner, in a public place in the course of making a film, television or other media production.

• (7) In this section and in section 101, “mechanically propelled vehicle” has the same meaning as it has in the Road Traffic Act 1961.

Chapter 11 Miscellaneous (Part 2)

101. Liability for certain acts of members of An Garda Síochána

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

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

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

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

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

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

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

• (4) This section applies to proceedings initiated after the coming into operation of this section, regardless of whether the actionable wrong to which the proceedings relate was committed prior to or after such coming into operation.

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

• (6) Notwithstanding the repeal of section 48 of the Act of 2005 by section 5, proceedings to which the said section 48 applied that have been initiated, and have not been concluded, prior to such repeal, shall not be affected by such repeal.

• (7) In this section—

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

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

“damages” includes exemplary damages and aggravated damages;

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

102. Legal aid for members of An Garda Síochána

102. (1) The Garda Commissioner may contribute to the legal costs of a member of An Garda Síochána who is charged with a criminal offence where—

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

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

• (c) subject to subsection (2), the contribution does not exceed the sum that would be payable if a legal aid certificate were granted in respect of the applicable court proceedings.

• (2) Where a member of An Garda Síochána is charged with a criminal offence on foot of a private prosecution, the Garda Commissioner may make a contribution not exceeding the legal costs incurred by the member notwithstanding that the amount of the contribution may exceed the sum payable if a legal aid certificate were granted in respect of the applicable court proceedings.

• (3) For the purposes of subsections (1) and (2), where the member charged with a criminal offence is the Garda Commissioner, then references to the Garda Commissioner in those subsections shall be construed as references to the Board.

• (4) In this section—

“legal aid certificate” has the same meaning as it has in section 9(2) of the Criminal Justice (Legal Aid) Act 1962;

“legal costs” means any fees, costs or other expenses properly incurred by a member of An Garda Síochána in preparing and conducting—

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

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

“private prosecution” means a prosecution instituted by a common informer under the common law.

PART 3 Community Safety

103. Definitions (Part 3)

103. In this Part—

“administrative area” has the same meaning as it has in section 2(1) of the Local Government Act 2001;

“area-based neighbourhood community safety forum” means a forum established in accordance with regulations made under section 115(a);

“designated committee of the Government” has the meaning assigned to it by section 105;

“education and training board” means an education and training board established under section 9 of the Education and Training Boards Act 2013;

“establishment day of the National Office” means the day appointed under section 108(1);

“functional area”, in relation to a safety partnership, means the administrative area, or part thereof, of the local authority in relation to which the safety partnership is established;

“Irish Prison Service” means the prison service of the Department of Justice which is charged with the management of prisons within the meaning of section 2 of the Prisons Act 2007;

“joint policing committee” means a committee established under section 36 of the Act of 2005;

“local community safety plan” has the meaning assigned to it by section 116(1)(b);

“local policing forum” means a local policing forum established by a joint policing committee in accordance with guidelines issued under section 35 of the Act of 2005;

“other relevant Ministers” means—

• (a) the Minister for Children, Equality, Disability, Integration and Youth,

• (b) the Minister for Education,

• (c) the Minister for Further and Higher Education, Research, Innovation and Science,

• (d) the Minister for Health,

• (e) the Minister for Housing, Local Government and Heritage,

• (f) the Minister for Rural and Community Development,

• (g) the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, and

• (h) such other Ministers of the Government as may be prescribed by the Minister;

“Probation Service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;

“public service body” means—

• (a) the Child and Family Agency,

• (b) the Commissioners of Public Works in Ireland,

• (c) a Department of State,

• (d) an education and training board,

• (e) An Garda Síochána,

• (f) the Health Service Executive,

• (g) the Irish Prison Service,

• (h) a local authority,

• (i) the Probation Service, or

• (j) a body that has been designated under section 104 as a public service body;

“safety partnership” has the meaning assigned to it by section 114(1).

104. Designation of public service body

104. (1) Subject to this section, the Minister may by order designate a body, whether created by or under any enactment or not, as a public service body for the purposes of such provisions of this Part as may be specified in the designation.

• (2) The Minister may make an order designating a body under subsection (1) only where he or she is satisfied that—

• (a) some or all of the functions of the body are relevant to improving community safety, and

• (b) it is desirable that the body would cooperate with other public service bodies to improve community safety.

• (3) The Minister shall not make an order under subsection (1) in respect of a body for which a Minister of the Government other than the Minister has responsibility and in whom functions, whether statutory or otherwise, in respect of the body are vested, other than with the consent of that Minister of the Government.

105. Designation of committee of Government

105. The Taoiseach may, for the purposes of this Part, by order designate a committee of the Government (in this Part referred to as the “designated committee of the Government”), being a committee appointed by the Government whose membership consists of—

• (a) members of the Government, or

• (b) one or more members of the Government together with either or both of the following:

• (i) one or more Ministers of State;

• (ii) the Attorney General.

106. National strategy for improving community safety

106. (1) The Minister and the other relevant Ministers—

• (a) shall, not later than 12 months after the coming into operation of this section, prepare and submit to the Government for approval, and

• (b) may, having regard to a review under subsection (2), at any time thereafter, revise and so submit,

a national strategy for improving community safety (in this Act referred to as the “national strategy”).

• (2) The Minister and the other relevant Ministers shall review the national strategy not less than once in every period of 6 years following the date on which that national strategy was approved by the Government.

• (3) A national strategy prepared or revised in accordance with subsection (1) shall—

• (a) contain—

• (i) a policy framework, and

• (ii) a programme of actions,

to support public service bodies and communities working together in a coordinated manner to improve community safety, and

• (b) include provisions for the purposes of—

• (i) promoting multi-disciplinary approaches and collaboration between public service bodies to improve community safety,

• (ii) promoting engagement by communities in the development and implementation of strategies to improve community safety in their localities, and

• (iii) supporting cohesion with other national and local strategies relevant to community safety.

• (4) The Minister shall, prior to the preparation or revision of a national strategy under subsection (1), consult in relation to the content of the strategy with—

• (a) the Authority, and

• (b) such persons or groups representing community interests as he or she considers appropriate.

• (5) The Minister shall, prior to the submission of a national strategy to the Government for approval under subsection (1)—

• (a) publish, in such manner as he or she considers appropriate, a draft of the national strategy,

• (b) publish a notice, on the internet and in more than one national newspaper, inviting members of the public and any interested parties to make submissions in writing to the Minister in relation to the national strategy within such period (not exceeding 2 months from the date of the publication of the notice or, if the notice is published on the internet and in the newspaper on different days, not exceeding 2 months from the date of the later publication of the notice) as may be specified in the notice, and

• (c) have regard to any submissions made in accordance with a notice published under paragraph (b).

• (6) The Government may approve, with such modifications as they consider appropriate, a national strategy submitted to them under this section.

• (7) The Government may, at any time, revise a national strategy approved by them under subsection (6).

• (8) The Minister shall cause a national strategy to be laid before each House of the Oireachtas as soon as practicable after it is approved or revised by the Government.

• (9) The Minister shall ensure that, as soon as practicable after a national strategy is laid before each House of the Oireachtas, the national strategy is published on a website maintained by or on behalf of the Minister or in such other manner as the Minister considers appropriate.

• (10) A Minister of the Government shall, in so far as is practicable, perform his or her functions in a manner consistent with the national strategy.

• (11) Subsection (10) shall not be taken to confer on any person a right in law that he or she would not otherwise have to require a Minister to take any steps or to seek damages for the failure to take such steps.

• (12) In this section, “national newspaper” means a newspaper published and circulating generally in the State.

107. Steering Group

107. (1) As soon as may be after the coming into operation of this section, the Minister shall establish a group which shall be known as An Grúpa Stiúrtha Náisiúnta um Shábháilteacht Pobail (in this Act referred to as the “Steering Group”) to perform the functions conferred on it by this Act or any other enactment.

• (2) The Steering Group shall have the following functions:

• (a) to promote and monitor compliance by public service bodies with their duties under this Act;

• (b) to foster collaboration between public service bodies in the provision of services to improve community safety;

• (c) to provide direction to the National Office in relation to the implementation of the national strategy;

• (d) to monitor the implementation of the national strategy;

• (e) to address obstacles to timely progress on the implementation of the national strategy;

• (f) to review and evaluate the effectiveness of the national strategy;

• (g) to oversee the National Office in the performance of its functions;

• (h) to review and evaluate the effectiveness of the National Office in the performance of its functions;

• (i) to approve annual programmes of work prepared by the National Office pursuant to section 108(3)(b);

• (j) to provide to the designated committee of the Government such information and reports on the implementation of the national strategy and any other matters relating to the functions of the Steering Group as may be requested from time to time by the committee;

• (k) to provide to the Minister such information and advice with regard to matters connected with improving community safety as may be requested from time to time by the Minister;

• (l) to establish such subgroups of the Steering Group as it considers necessary to support the implementation of the national strategy.

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

• (4) The Steering Group shall consist of the following members:

• (a) a chairperson who shall be appointed by the Minister having consulted with the other relevant Ministers;

• (b) the following ordinary members, each of whom shall be appointed by the Minister having consulted with the other relevant Ministers:

• (i) an officer of the Minister;

• (ii) an officer of each of the other relevant Ministers;

• (iii) representatives from such public service bodies as may be prescribed in accordance with subsection (6)(a);

• (iv) a representative of the Authority;

• (v) such other persons as the Minister considers appropriate;

• (c) the Director, who shall be an ex officio member.

• (5) The Minister shall, having consulted with the other relevant Ministers, make regulations concerning the operation and procedures of the Steering Group.

• (6) Without prejudice to the generality of subsection (5), regulations made under that subsection may—

• (a) prescribe the public service bodies from which representatives may be appointed to the Steering Group pursuant to subsection (4)(b)(iii),

• (b) prescribe the experience, expertise or other criteria to apply in respect of persons who may be appointed to the Steering Group pursuant to subsection (4)(b)(v),

• (c) make provision in relation to the terms and conditions of office of the chairperson and ordinary members of the Steering Group,

• (d) make provision in relation to the procedures to apply to the conduct of the business of the Steering Group, or

• (e) make provision in relation to the procedures to apply to subgroups of the Steering Group established pursuant to subsection (2)(l), including in relation to the membership and terms of reference of such subgroups.

• (7) The Steering Group shall, not later than 2 months after the end of each calendar year, prepare and submit to the Minister a report on the performance of its functions during the preceding year or, in the case of the first such report, the performance of its functions since the date it was established up to and including 31 December of the preceding year.

• (8) A report under subsection (7) shall be prepared in such form and contain such information as may be specified from time to time by the Minister.

• (9) The Minister shall cause a copy of a report under subsection (7) to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.

• (10) The Steering Group shall ensure that, as soon as practicable after a copy of the report under subsection (7) is laid before each House of the Oireachtas, the report is published on a website maintained by or on behalf of the National Office or in such other manner as the Minister may specify.

• (11) The Steering Group shall, where requested by the Minister to do so, provide the Minister with a report on any matter connected with the functions of the Steering Group as may be specified by the Minister in the request.

• (12) A report under subsection (11) shall be in such form and be made within such period as the Minister may specify.

• (13) The Steering Group shall report to the designated committee of the Government for such purposes, and at such intervals, as may be requested by the committee.

108. National Office

108. (1) The Minister, having consulted with the Minister for Rural and Community Development, shall, by order, appoint a day to be the establishment day of the National Office for the purposes of this Part.

• (2) There shall stand established on the establishment day of the National Office a body which shall be known as An Oifig Náisiúnta um Shábháilteacht Pobail (in this Act referred to as the “National Office”) to perform the functions conferred on it by this Act or any other enactment.

• (3) The National Office shall have the following functions:

• (a) to provide support to public service bodies in the implementation of the national strategy and to foster collaboration between those bodies in the provision of services to improve community safety;

• (b) to prepare annual programmes of work to support the implementation of the national strategy;

• (c) to provide training, guidance and support to safety partnerships in their operation and in the performance of their functions;

• (d) to monitor the implementation of the national strategy;

• (e) to monitor the implementation of local community safety plans;

• (f) to conduct or commission research and evaluations relating to any of the functions of the National Office and the operation of safety partnerships;

• (g) to promote public awareness of issues affecting community safety and the work of the National Office;

• (h) to provide such information and reports as are requested by the Minister, the Steering Group and the designated committee of the Government;

• (i) to provide such other support as the Steering Group may require to perform its functions.

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

• (5) Any function of the National Office may be performed through or by the Director or any member of the staff of the National Office duly authorised in that behalf by the Director.

109. Director of National Office

109. (1) The Minister shall, having consulted with the Minister for Rural and Community Development, appoint a person to be the Director of the National Office (in this Act referred to as the “Director”).

• (2) The Minister may, before the establishment day of the National Office, designate a person to be appointed as the first Director.

• (3) Where, immediately before the establishment day of the National Office, a person stands designated under subsection (2), that person shall, on that day, stand appointed as the first Director.

• (4) A person appointed as the Director shall—

• (a) hold office under a contract of service in writing (which contract may be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration) as are 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 the National Office.

• (5) The Director shall—

• (a) have such experience, qualifications, training and expertise as is appropriate for the appointment, and

• (b) be appointed by the Minister following a selection competition undertaken in accordance with the Act of 2004.

• (6) The Director shall not hold any other office or occupy any position in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Minister.

• (7) The Director shall have the following functions:

• (a) to implement the policies and decisions of the Steering Group;

• (b) to carry on and manage, and control generally, the staff, administration and business of the National Office;

• (c) to perform such other functions (if any) as may be determined by the Steering Group or as may be authorised under this Act or any other enactment.

• (8) The Director shall provide to the Steering Group or the Minister such information, including financial information, in relation to the performance of his or her functions referred to in subsection (7) as the Steering Group or the Minister may require.

• (9) The Director shall be accountable to—

• (a) the Minister for the performance of the Director’s functions, and

• (b) the Steering Group for the performance of the functions of the National Office.

• (10) The Director may be removed or suspended from office by the Minister for stated reasons.

• (11) Where the Director—

• (a) dies, resigns or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister, in consultation with the Steering Group, may designate such member or members of the staff of the National Office as he or she considers appropriate to perform the functions of the Director until—

• (i) where paragraph (a) applies, a new Director is appointed in accordance with this section,

• (ii) where paragraph (b) applies, the Director is able to resume the performance of his or her functions, or

• (iii) the Minister decides to revoke or alter a designation made under this subsection.

110. Attendance of Director before Oireachtas committees

110. (1) Subject to subsection (2), the Director shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the National Office.

• (2) The Director shall not be required to give account before an Oireachtas committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

• (3) The Director shall, where of the opinion that subsection (2) applies to a matter about which he or she is requested to give an account before an Oireachtas committee, inform the committee of that opinion and the reasons for the opinion.

• (4) The information required under subsection (3) shall be given to the Oireachtas committee in writing unless it is given when the Director is before the committee.