POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

146. (1) The Authority shall, as soon as practicable after the establishment day of the Authority, and at such intervals thereafter as it considers appropriate, prepare an inspection plan setting out—

• (a) the priorities for inspections to be carried out, and

• (b) information on how such inspections shall be carried out in a manner which—

• (i) is proportionate, accountable and transparent, and

• (ii) ensures the integrity and objectivity of the findings of such inspections.

• (2) The Authority shall, in preparing an inspection plan under subsection (1), consult such persons as it considers appropriate.

• (3) The Authority shall, as soon as practicable, submit a copy of an inspection plan prepared in accordance with subsection (1) to the Minister and thereafter publish the plan on a website maintained by or on behalf of the Authority or in such other manner as the Authority considers appropriate.

147. Powers of inspector of policing services

147. (1) Where an inspector of policing services is authorised under section 143(4)(b) to carry out an inspection, the inspector, where he or she considers it necessary or expedient for the purposes of carrying out the inspection, may—

• (a) enter a relevant location at any time to inspect any aspect of the administration or operation of An Garda Síochána in relation to the provision of policing services that is relevant to the inspection,

• (b) require any member of garda personnel to—

• (i) provide any information that the inspector of policing services may reasonably require for the purposes of the inspection,

• (ii) produce to him or her any documents in that person’s power or control that the inspector of policing services may reasonably require for the purposes of the inspection, and

• (iii) provide an explanation of any document made available pursuant to subparagraph (ii),

• (c) examine any document made available to him or her under paragraph (b) and take copies of, or extracts from, such document or have the document made available in a form to facilitate removal from the location at which the document is made available,

• (d) take possession of any document made available to him or her under paragraph (b) that, in the opinion of the inspector of policing services is relevant to the inspection, and, for those purposes, remove it and retain it in his or her possession for a reasonable period,

• (e) require the personal details of any person in a relevant location where, in the opinion of the inspector of policing services, such information is relevant to the inspection, and

• (f) be assisted, when exercising a power under this section by such and so many members of staff of the Authority or persons under contract with or engaged by the Authority pursuant to section 132(1) as he or she considers appropriate.

• (2) A member of garda personnel may refuse to provide any information or document the subject of a requirement under this section on the grounds that it relates to the security of the State or would endanger the life or safety of any person who has given information in confidence to a public body in relation to the enforcement or administration of the law.

• (3) Where a member of garda personnel is of the opinion that subsection (2) applies in relation to a requirement made of him or her by an inspector of policing services, the inspector shall so inform the Authority.

• (4) Where the Authority is informed under subsection (3) that a member of garda personnel is of the opinion that subsection (2) applies, the Authority may make a request to the Garda Commissioner to provide the information or document concerned.

• (5) Where the Garda Commissioner, on being requested by the Authority to provide the information or document concerned under subsection (4), refuses to comply with the request on the grounds that he or she is of the opinion that subsection (2) applies, the Authority may refer such refusal to the Independent Examiner in writing for the purposes of a review of the refusal under section 243.

• (6) Upon receipt of a recommendation from the Independent Examiner under section 243(4) in relation to a matter referred to in subsection (5), where the Minister is satisfied, taking into account the recommendation, that the provision of all or part of the information or document requested by the Authority—

• (a) does not relate to the security of the State, or

• (b) would not endanger the life or safety of any person who has given information in confidence to a public body in relation to the enforcement or administration of the law,

he or she shall issue a direction specifying that all or part, as the case may be, of the document or information be disclosed to the inspector of policing services concerned.

• (7) The Minister shall, as soon as practicable after—

• (a) issuing a direction under subsection (6), provide a copy of the direction to the Authority and the Garda Commissioner, or

• (b) deciding not to issue a direction under that subsection, so inform the Authority and Garda Commissioner.

• (8) In this section and section 148, “relevant location” means any garda station or other premises or structure, including a temporary structure, used by An Garda Síochána, whether on a temporary basis or otherwise, where members of garda personnel are assigned in connection with the provision of policing services.

148. Memorandum of understanding

148. (1) The Authority and the Garda Commissioner shall, not later than 3 months after the coming into operation of this section, agree a memorandum of understanding concerning the conduct of inspections, including the manner in which the powers of an inspector of policing services under section 147 may be exercised, in order to ensure that inspections—

• (a) are carried out in an efficient and effective manner,

• (b) do not adversely affect the performance by An Garda Síochána of its functions,

• (c) do not jeopardise criminal investigations or prosecutions, and

• (d) do not prejudice the safekeeping of a person in legal custody.

• (2) Without prejudice to the generality of subsection (1), a memorandum of understanding may make provision in relation to the manner in which the powers of an inspector of policing services under section 147 may be exercised, including for—

• (a) the manner in which visits, including unannounced visits, may be conducted at a relevant location,

• (b) the members of staff of the Authority or persons under contract with, or engaged by, the Authority pursuant to section 132(1) who may assist inspectors when exercising a power under section 147,

• (c) the manner in which information and documents held at a relevant location that are required for the purposes of the inspection may be provided, produced or otherwise made available, or

• (d) the manner in which the removal from a relevant location of copies of documents provided, produced or otherwise made available, or the taking of possession of such documents and their removal for the purposes of an inspection, may be facilitated.

• (3) The Authority and the Garda Commissioner shall keep under review the operation of a memorandum of understanding agreed under this section and may agree such amendments or revocations to the memorandum as appear to them to be necessary or desirable.

149. Reports of inspections undertaken on Authority’s initiative

149. (1) Where the Authority carries out an inspection pursuant to section 143(1), the Authority shall, as soon as practicable after the completion of the inspection, submit a report of the inspection to the Garda Commissioner and to the Minister.

• (2) A report under this section may, where appropriate, contain recommendations for any action that the Authority considers necessary.

• (3) Subject to subsection (4), the Authority shall ensure that, as soon as practicable after a report under this section is submitted to the Garda Commissioner and the Minister, the report is published on a website maintained by or on behalf of the Authority or in such other manner as the Authority considers appropriate.

• (4) The Authority may exclude from a report to be published pursuant to subsection (3) any matter that, in its opinion, might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

• (5) The Garda Commissioner shall, at the request of the Authority and within such period of time and in such manner as may be specified by the Authority, submit a response in writing to the Authority to a report under this section, setting out his or her consideration of the report and what actions (if any) he or she proposes to take in relation to the report.

• (6) The Authority shall submit a copy of the Garda Commissioner’s response under subsection (5) to the Minister as soon as practicable after receiving it.

• (7) The Authority may publish all or part of a response received under subsection (5) where it considers it appropriate.

150. Reports of inspections undertaken at request of Minister

150. (1) Where the Minister requests the Authority to carry out an inspection under section 143(2), the Authority shall, as soon as practicable after the completion of the inspection, submit a report of the inspection to the Minister.

• (2) A report under this section may, where appropriate, contain recommendations for any action that the Authority considers necessary.

• (3) The Authority shall, as soon as practicable after submitting a report under this section to the Minister, submit a copy of the report to the Garda Commissioner.

• (4) Subject to subsection (5), the Minister shall cause a copy of a report under this section to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report.

• (5) The Minister may exclude from a copy of a report to be laid before each House of the Oireachtas under subsection (4) any matter that, in his or her opinion, might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

• (6) The Authority shall ensure that, as soon as practicable after a copy of a report under this section is laid before each House of the Oireachtas, the report as laid is published on a website maintained by or on behalf of the Authority or in such other manner as the Authority considers appropriate.

• (7) The Garda Commissioner shall, at the request of the Minister and within such period of time and in such manner as may be specified by the Minister, submit a response in writing to the Minister to a report under this section, setting out his or her consideration of the report and what actions (if any) he or she proposes to take in relation to the report.

• (8) Where he or she considers it appropriate, the Minister may—

• (a) provide a copy of a response received under subsection (7) to the Authority, or

• (b) publish all or part of such a response.

151. Monitoring and assessment of measures in relation to recommendations in inspection reports

151. (1) Where recommendations are contained in a report submitted under section 149 or 150—

• (a) the Minister may, where he or she considers it appropriate, request the Authority to monitor and assess the actions taken by An Garda Síochána in relation to such of those recommendations as the Minister may specify in the request, and

• (b) where no such request is made in respect of a recommendation, the Authority may monitor and assess the measures taken by An Garda Síochána in relation to the recommendation where it considers it appropriate.

• (2) The Garda Commissioner shall provide the Minister and the Authority with such information and documents as the Minister or the Authority, as the case may be, may require for the purposes of this section.

• (3) The Authority shall, as soon as practicable after it receives a request under subsection (1)(a), submit to the Minister a report on the measures taken by An Garda Síochána in relation to the recommendations specified in the request and may include in the report any other matter connected with the subject matter of the request that it considers should be brought to the attention of the Minister.

Chapter 5 Unauthorised disclosure of information

152. Confidentiality of information connected with inspection

152. (1) A person who is or was—

• (a) a member of the Authority,

• (b) a member of a committee of the Authority,

• (c) the chief executive of the Authority,

• (d) a member of the staff of the Authority,

• (e) under contract with or engaged by the Authority pursuant to section 132(1), or

• (f) an employee or contractor of a person to whom paragraph (e) applies,

shall not intentionally or recklessly disclose, in or outside the State, unless he or she is required or permitted by law or duly authorised by the Authority in furtherance of its functions, any information obtained by the person in the course of carrying out the duties of his or her office, employment, contract or other arrangement of engagement with the Authority and which has not otherwise come to the notice of members of the public.

• (2) 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.

• (3) In any proceedings for an offence under this section, it shall be a defence to show that the disclosure was reasonably believed by the person who made the disclosure to be required or permitted by law or duly authorised by the Authority in furtherance of its functions.

• (4) 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.

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

153. Confidentiality of certain information (Part 4)

153. (1) Without prejudice to section 152, a person who—

• (a) is or was—

• (i) a member of the Authority,

• (ii) a member of a committee of the Authority,

• (iii) the chief executive of the Authority,

• (iv) a member of the staff of the Authority,

• (v) under contract with or engaged by the Authority pursuant to section 132(1), or

• (vi) an employee or contractor of a person to whom subparagraph (v) applies,

or

• (b) was—

• (i) a member of the Policing Authority,

• (ii) a member of a committee of the Policing Authority,

• (iii) the Chief Executive of the Policing Authority,

• (iv) a member of the staff of the Policing Authority,

• (v) engaged under contract or other arrangement by the Policing Authority, or

• (vi) an employee or contractor of a person referred to in subparagraph (v),

shall not disclose, in or outside the State, unless he or she is required or permitted by law or duly authorised by the Authority in furtherance of its functions, any information obtained in the course of carrying out the duties of that person’s office, employment, contract or other arrangement of engagement with the Authority, 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,

or

• (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.

• (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 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 Garda Commissioner,

• (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 the Authority, or

• (c) reasonably believed by the person who made the disclosure to be required or permitted by law, duly authorised by the Authority in furtherance of its function 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 6 Dissolution of Policing Authority

154. Dissolution of Policing Authority

154. On the establishment day of the Authority, the Policing Authority shall, subject to section 160(2) stand dissolved.

155. Transfer of staff of Policing Authority

155. (1) Every person who, immediately before the establishment day of the Authority, was a member of the staff of the Policing Authority shall, on that day, become and be a member of the staff of the Authority, and shall continue to hold a position in the Civil Service of the State.

• (2) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person referred to in subsection (1) shall not on the establishment day of the Authority be subject to less beneficial terms and conditions of service (including those relating to tenure of office) or remuneration than the terms and conditions of service or remuneration to which he or she was subject immediately before that day.

• (3) The terms and conditions to which a person is subject upon his or her becoming a member of the staff of the Authority in accordance with subsection (1) shall be deemed to have been determined by the Authority in accordance with section 131.

• (4) In relation to persons referred to in subsection (1), previous service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

• (a) the Adoptive Leave Acts 1995 and 2005;

• (b) the Carer’s Leave Act 2001;

• (c) the Maternity Protection Acts 1994 to 2022;

• (d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

• (e) the National Minimum Wage Acts 2000 and 2015;

• (f) the Organisation of Working Time Act 1997;

• (g) the Parental Leave Acts 1998 to 2023;

• (h) the Paternity Leave and Benefit Act 2016;

• (i) the Parent’s Leave and Benefit Act 2019;

• (j) the Protection of Employees (Fixed-Term Work) Act 2003;

• (k) the Protection of Employees (Part-Time Work) Act 2001;

• (l) the Redundancy Payments Acts 1967 to 2022;

• (m) the Terms of Employment (Information) Acts 1994 to 2014;

• (n) the Unfair Dismissals Acts 1977 to 2015.

156. Transfer of property of Policing Authority

156. (1) On the establishment day of the Authority, all property, including choses-in-action, that immediately before that day was vested in the Policing Authority shall stand vested in the Authority without any assignment.

• (2) Every chose-in-action vested in the Authority by virtue of subsection (1) may, on and after the establishment day of the Authority, be sued on, recovered or enforced by the Authority in its name, and it shall not be necessary for the Authority or the Policing Authority to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

157. Transfer of rights and liabilities, and continuation of leases, licenses and permissions granted by Policing Authority

157. (1) All rights and liabilities of the Policing Authority by virtue of any contract or commitment (expressed or implied) entered into by the Policing Authority, and all obligations imposed on the Policing Authority by virtue of an order of a court or tribunal, before the establishment day of the Authority shall, on that day, stand transferred to the Authority.

• (2) Every right and liability transferred by subsection (1) to the Authority may, on and after the establishment day of the Authority, be sued on, recovered or enforced by or against the Authority in its name, and it shall not be necessary for the Authority or the Policing Authority to give notice to any person of the transfer of any such right or liability.

• (3) Every lease, licence or permission granted by the Policing Authority in relation to property vested in the Authority and in force immediately before the establishment day of the Authority shall continue in force on and after that day as if granted by the Authority.

158. Preservation of contracts made by Policing Authority

158. Every contract, agreement or arrangement made between the Policing Authority, or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day of the Authority, shall continue in force on and after that day and shall be construed and have effect as if the name of the Authority were substituted therein for that of the Policing Authority or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Authority.

159. Records of Policing Authority

159. (1) Subject to subsection (2), on the establishment day of the Authority all records that, immediately before that day, were records of the Policing Authority shall be records of the Authority and shall, accordingly, be transferred to the Authority.

• (2) On the establishment day of the Authority—

• (a) all records that, immediately before that day, were records of the Policing Authority relating to the performance of its functions under section 9, or section 62H(1)(b)(i) in so far as that section relates to the office of Garda Commissioner, of the Act of 2005 shall be records of the Minister and shall accordingly be transferred to the Minister,

• (b) all records that, immediately before that day, were records of the Policing Authority relating to the performance of its functions under section 10, or section 62H(1)(b)(i) in so far as that section relates to the rank of Deputy Garda Commissioner, of the Act of 2005 shall be records of the Minister and shall accordingly be transferred to the Minister,

• (c) all records that, immediately before that day, were records of the Policing Authority relating to the performance of its functions under section 11, 12 or 62H(1)(b)(iii) of the Act of 2005, in so far as those sections relate to the office of Garda Commissioner or the rank of Deputy Garda Commissioner, shall be records of the Minister and shall accordingly be transferred to the Minister,

• (d) all records that, immediately before that day, were records of the Policing Authority relating to the performance of its functions under section 13, 52 or 62H(1)(b)(ii) of the Act of 2005 shall be records of An Garda Síochána, and shall accordingly be transferred to An Garda Síochána,

• (e) all records that, immediately before that day, were records of the Policing Authority relating to the performance of its functions under section 11, 13A or 62H(1)(b)(iii) of the Act of 2005, in so far as those sections relate to the ranks of Assistant Garda Commissioner, chief superintendent or superintendent, shall be records of An Garda Síochána, and shall accordingly be transferred to An Garda Síochána,

• (f) all records that, immediately before that day, were records of the Policing Authority concerning the performance of its functions under section 14(2) of the Act of 2005 shall be records of An Garda Síochána, and shall accordingly be transferred to An Garda Síochána,

• (g) all records that, immediately before that day, were records of the Policing Authority concerning the performance of its functions under section 19 of the Act of 2005 shall be records of An Garda Síochána, and shall accordingly be transferred to An Garda Síochána, and

• (h) all records that, immediately before that day, were records of the Policing Authority concerning the performance of its functions under the Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007) shall be records of An Garda Síochána, and shall accordingly be transferred to An Garda Síochána.

160. Transitional provisions relating to Policing Authority

160. (1) Where, before the establishment day of the Authority, the Policing Authority has commenced any action under the Freedom of Information Act 2014 and all matters relating to the action have not been completed before that day, the action shall be deemed to have been commenced, and may be completed—

• (a) other than where paragraph (b) or (c) applies, by the Authority,

• (b) in the case of records transferred to the Minister under paragraph (a), (b) or (c) of section 159(2), by the Minister, and

• (c) in the case of records transferred to An Garda Síochána under paragraph (d), (e), (f), (g) or (h) of section 159(2), by An Garda Síochána.

• (2) Where, before the establishment day of the Authority, an application under section 10 of the Freedom of Information Act 2014 in relation to an act of the Policing Authority has been made and all matters relating to the application have not been completed before that day, the application shall, notwithstanding section 154, be completed as if the Policing Authority had not been dissolved.

161. Liability for loss on part of Policing Authority occurring before establishment day of Authority

161. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the establishment day of the Authority, of any of the functions of the Policing Authority shall, on and after that day, lie against the Authority and not against the Policing Authority.

• (2) Any legal proceedings pending immediately before the establishment day of the Authority, to which the Policing Authority is a party, shall be continued on and after that day, with the substitution in the proceedings of the Authority, in so far as they relate to such party, for the Policing Authority.

• (3) Where, before the establishment day of the Authority, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they were, before that day, enforceable against the Policing Authority, be enforceable against the Authority and not the Policing Authority.

• (4) Any claim made or proper to be made by the Policing Authority in respect of any loss or injury arising from the act or default of any person before the establishment day of the Authority shall, on and after that day, be regarded as having been made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.

162. Final accounts and final annual report of Policing Authority

162. (1) The Authority shall cause to be prepared any outstanding appropriation accounts of the Policing Authority.

• (2) The chief executive of the Authority shall be the accounting officer in relation to the appropriation accounts of the Policing Authority for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

• (3) The Authority shall, not later than 3 months following the establishment day of the Authority, prepare and submit to the Minister the final annual report of the Policing Authority.

• (4) The Minister shall cause a copy of the final annual report to be laid before each House of the Oireachtas as soon as practicable after it is received.

• (5) The Authority shall ensure that, as soon as practicable after a copy of the final annual report is laid before the Houses of the Oireachtas, the report is published on a website maintained by or on behalf of the Authority or in such other manner as the Minister may specify.

Chapter 7 Dissolution of Garda Síochána Inspectorate

163. Dissolution of Garda Síochána Inspectorate

163. On the establishment day of the Authority, the Garda Síochána Inspectorate shall, subject to section 167(2) stand dissolved.

164. Transfer of member of Garda Síochána Inspectorate

164. (1) The Minister may, before the establishment day of the Authority, designate a person who immediately before that day stands appointed under section 115 of the Act of 2005 as a member of the Garda Síochána Inspectorate to be appointed as—

• (a) a member of the staff of the Authority, and

• (b) an inspector of policing services.

• (2) Where, immediately before the establishment day of the Authority, a person stands designated under subsection (1), the person shall, on and from that day, stand appointed as a member of the staff of the Authority and an inspector of policing services for a period not exceeding 2 years.

• (3) Subject to this section, a person who stands appointed under subsection (2) shall not, on the establishment day of the Authority, be subject to less beneficial terms and conditions of service or remuneration than the terms and conditions of service or remuneration to which he or she was subject immediately before that day.

• (4) The terms and conditions to which a person is subject on his or her becoming a member of the staff of the Authority in accordance with subsection (1) shall be deemed to have been determined by the Authority in accordance with section 131.

165. Preservation of contracts made by Garda Síochána Inspectorate

165. Every contract, agreement or arrangement made between the Garda Síochána Inspectorate, or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day of the Authority, shall continue in force on and after that day and shall be construed and have effect as if the name of the Authority were substituted therein for that of the Garda Síochána Inspectorate or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Authority.

166. Records of Garda Síochána Inspectorate

166. (1) Subject to subsection (2), on the establishment day of the Authority all records that, immediately before that day, were records of the Garda Síochána Inspectorate shall be records of the Authority and shall, accordingly, be transferred to the Authority.

• (2) On the establishment day of the Authority all records held in relation to the provision of security services by An Garda Síochána that, immediately before that day, were records of the Garda Síochána Inspectorate shall be records of the Minister and shall, accordingly, be transferred to the Minister.

167. Transitional provisions relating to Garda Síochána Inspectorate

167. (1) Where, before the establishment day of the Authority, the Garda Síochána Inspectorate has commenced any action under the Freedom of Information Act 2014 and all matters relating to the action have not been completed before that day, the action shall be deemed to have been commenced, and may be completed—

• (a) other than where paragraph (b) applies, by the Authority, and

• (b) in the case of records transferred to the Minister under section 166(2), the Minister.

• (2) Where, before the establishment day of the Authority, an application under section 10 of the Freedom of Information Act 2014 in relation to an act of the Garda Síochána Inspectorate has been made and all matters relating to the application have not been completed before that day, the application shall, notwithstanding section 163, be completed as if the Garda Síochána Inspectorate had not been dissolved.

168. Liability for loss on part of Garda Síochána Inspectorate occurring before establishment day of Authority

168. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the establishment day of the Authority, of any of the functions of the Garda Síochána Inspectorate shall, on and after that day, lie against the Authority and not against the Garda Síochána Inspectorate.

• (2) Any legal proceedings pending immediately before the establishment day of the Authority, to which the Garda Síochána Inspectorate is a party, shall be continued on and after that day, with the substitution in the proceedings of the Authority, in so far as they relate to such party, for the Garda Síochána Inspectorate.

• (3) Where before the establishment day of the Authority, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the establishment day of the Authority, in so far as they were, before that day, enforceable against the Garda Síochána Inspectorate, be enforceable against the Authority and not the Garda Síochána Inspectorate.

• (4) Any claim made or proper to be made by the Garda Síochána Inspectorate in respect of any loss or injury arising from the act or default of any person before the establishment day of the Authority shall, on and after that day, be regarded as having been made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.

PART 5 Police Ombudsman

Chapter 1 Preliminary and General (Part 5)

169. Definition (Part 5)

169. In this Part, “chief executive officer” has the meaning assigned to it by section 178(1).

170. Continuation of Garda Síochána Ombudsman Commission as Fiosrú - Oifig an Ombudsman Póilíneachta

170. (1) The body corporate known as the Garda Síochána Ombudsman Commission established by section 64 of the Act of 2005 shall, notwithstanding the repeal of that section by section 5, continue in being, and, on and after the date of the coming into operation of this section, shall be known as Fiosrú - Oifig an Ombudsman Póilíneachta (in this Act referred to as the “Office of the Police Ombudsman”) and be organised in accordance with this Part.

• (2) The Office of the Police Ombudsman shall be a body corporate with perpetual succession and an official seal and with the power—

• (a) to sue and be sued in its corporate name, and

• (b) with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, to acquire, hold and dispose of land or an interest in land or any other property.

• (3) The Office of the Police Ombudsman shall provide itself with a seal as soon as practicable after the coming into operation of this section and the seal shall be authenticated by the signatures of both—

• (a) the Police Ombudsman, and

• (b) the Deputy Police Ombudsman, the chief executive officer or an officer of the Police Ombudsman who is authorised by the Police Ombudsman to act in that behalf.

• (4) Judicial notice shall be taken of the seal of the Office of the Police Ombudsman and any document purporting—

• (a) to be an instrument made by that Office, and

• (b) to be sealed with the seal of that Office authenticated in accordance with subsection (3),

shall, unless the contrary is shown, be evidence of that instrument without further proof.

• (5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Office of the Police Ombudsman by any person generally or specially authorised by the Police Ombudsman in that behalf.

• (6) The general function of the Office of the Police Ombudsman shall be to support the Police Ombudsman in the furtherance of the objectives, and the performance of the functions, of the Police Ombudsman under this Act or any other enactment.

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

• (8) References in any legal proceedings pending before the coming into operation of this section to the Garda Síochána Ombudsman Commission or the Ombudsman Commission shall, on and after that coming into operation, and unless the context otherwise requires, be construed as references to the Office of the Police Ombudsman.

Chapter 2 Appointment and functions of Police Ombudsman

171. Appointment of Police Ombudsman and Deputy Police Ombudsman

171. (1) The President shall, subject to this Part, appoint a person to hold office to be known as An tOmbudsman Póilíneachta or, in the English language, as the Police Ombudsman.

• (2) The President shall, subject to this Part, appoint a person to hold office to be known as An Leas-Ombudsman Póilíneachta or, in the English language, as the Deputy Police Ombudsman.

• (3) An appointment under subsection (1) and (2) shall be on—

• (a) the nomination of the Government, and

• (b) the passage of a resolution by each House of the Oireachtas recommending the appointment of the person concerned.

• (4) Subject to section 172, the Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for nomination as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be.

• (5) 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.

• (6) A person shall not be recommended for nomination by the Service under this section unless the Service is satisfied that the person is suitable for appointment as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be, 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 Police Ombudsman or the Deputy Police Ombudsman, as the case may be, under this Act.

• (7) A person shall not be eligible for nomination under subsection (3)(a) or appointment under subsection (1) or (2) if he or she—

• (a) is a member of either House of the Oireachtas,

• (b) is entitled under the rules of the European Parliament to sit in that Parliament,

• (c) is a member of a local authority,

• (d) is or has been a member of garda personnel, or

• (e) is a member of the Authority.

• (8) A person who holds judicial office in a superior court or the Circuit Court may, without relinquishing that office, be appointed under subsection (1) or (2), but, unless otherwise provided by the terms of his or her appointment, he or she shall not, while appointed as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be, be required to carry out duties under statute as the holder of that judicial office.

• (9) Schedule 5 applies where a person who holds a judicial office referred to in subsection (8) is appointed as the Police Ombudsman or the Deputy Police Ombudsman.

172. Disapplication in exceptional circumstances of section 171(4)

172. (1) This section applies where—

• (a) there is a vacancy in the office of the Police Ombudsman, and

• (b) the Minister is of the opinion that, notwithstanding section 175, due to exceptional circumstances it is in the public interest that a person be recommended to the Government for nomination as the Police Ombudsman without delay.

• (2) Where this section applies, the Minister may recommend to the Government a person who holds judicial office in a superior court or the Circuit Court for nomination under section 171(3)(a) as the Police Ombudsman.

• (3) Where the Minister makes a recommendation under subsection (2)—

• (a) section 171(4) shall not apply, and

• (b) subsection (6) of section 171 shall apply to the recommendation subject to the following modifications:

• (i) the reference in that subsection to the Service shall be construed as a reference to the Minister,

• (ii) the reference in that subsection to under this section shall be construed as a reference to under section 172(2), and

• (iii) as if the references in that subsection to or the Deputy Police Ombudsman, as the case may be, were deleted.

173. Objectives, functions and powers of Police Ombudsman

173. (1) The objectives of the Police Ombudsman shall be—

• (a) to promote public confidence in the processes for resolving complaints made by members of the public and in investigations under Part 6,

• (b) to improve public understanding of the role and functions of the Police Ombudsman, and

• (c) to ensure that his or her functions are performed in a timely, efficient and effective manner and in accordance with fair procedures.

• (2) The Police Ombudsman shall have the following functions:

• (a) to receive complaints by members of the public, in accordance with such systems and procedures as he or she may specify under subsection (4), concerning members of garda personnel;

• (b) to receive—

• (i) referrals under sections 202(3), 203(1) and 205(7) and notifications under section 204(1), from the Garda Commissioner,

• (ii) requests under section 205(2) and referrals under section 205(3), from the Minister,

• (iii) referrals from the Authority under section 205(5), and

• (iv) disclosures of relevant wrongdoing referred to in paragraph (a) or (b) of section 206(1);

• (c) to carry out the duties and exercise the powers conferred on the Police Ombudsman under Part 6 in relation to the matters referred to in paragraphs (a) and (b);

• (d) to undertake, in accordance with Part 6, investigations of other matters concerning members of garda personnel or the Garda Commissioner;

• (e) to engage with An Garda Síochána to promote public understanding in respect of arrangements under section 201(1) for the handling of complaints suitable for resolution by An Garda Síochána;

• (f) to report the results of investigations under Part 6 (including making such recommendations as are appropriate) to the Garda Commissioner, the Minister or the Authority, as the case may be;

• (g) where section 214(1) applies, to report the results of investigations under Part 6 to the Director of Public Prosecutions and send him or her a copy of each investigation file;

• (h) to prepare, in accordance with section 200(1), a draft list of categories of complaints suitable for resolution by An Garda Síochána;

• (i) to make arrangements with the Garda Commissioner by protocols in writing pursuant to section 223(1) concerning the matters referred to in that section;

• (j) to undertake research and analysis in order to identify trends and patterns arising from the performance of his or her functions under Part 6;

• (k) to ensure that the Office of the Police Ombudsman 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;

• (l) to make arrangements for the sharing of information by him or her with such other public bodies as he or she considers appropriate;

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

• (3) The Police Ombudsman shall have all such powers as are necessary or expedient for the performance of his or her functions.

• (4) The Police Ombudsman shall establish and maintain systems and procedures for the receipt and handling of complaints and the conduct of investigations under Part 6.

• (5) In establishing and maintaining systems and procedures under subsection (4), the Police Ombudsman shall have regard to the need for him or her to perform his or her functions in a timely, efficient and effective manner and in accordance with fair procedures.

• (6) The Police Ombudsman shall furnish to the Minister such information regarding the performance of his or her functions as the Minister may, from time to time, request.

• (7) The Police Ombudsman shall keep the Minister informed of matters relevant to the accountability of the Government to the Houses of the Oireachtas.

• (8) Subject to this Act, the Police Ombudsman shall be independent in the performance of his or her functions.

174. Terms of appointment and conditions of office of Police Ombudsman and Deputy Police Ombudsman

174. (1) Subject to this Part, a person appointed under subsection (1) of section 171 as the Police Ombudsman or under subsection (2) of that section as the Deputy Police Ombudsman shall hold office for a period of 6 years.

• (2) Notwithstanding subsection (1), the appointment of a person under section 171(1) as the Police Ombudsman on the nomination of the Government following his or her being recommended by the Minister under section 172(2) shall be for such period, not exceeding 3 years, as the Minister shall determine at the time of appointment.

• (3) Subject to this Part, a person appointed under subsection (1) of section 171 as the Police Ombudsman or under subsection (2) of that section as the Deputy Police Ombudsman may be reappointed once only to the office concerned for a further period of 6 years.

• (4) Notwithstanding subsection (3), a person, appointed under section 171(1) as the Police Ombudsman on the nomination of the Government following his or her being recommended by the Minister under section 172(2), may be reappointed twice to the office and shall—

• (a) on the first such reappointment, hold office for a period of 6 years, and

• (b) on the second such reappointment, not hold office for periods the aggregate of which exceeds 12 years.

• (5) Where the Government propose nominating a person for reappointment, section 171, other than subsections (4) to (6) of that section, shall apply to that proposal.

• (6) Notwithstanding subsection (8), where the Government propose nominating a person for reappointment, appointed under section 171(1) as the Police Ombudsman on the nomination of the Government following his or her being recommended by the Minister under section 172(2), section 171 shall apply to the proposal in relation to the first such reappointment.

• (7) The Police Ombudsman and the Deputy Police Ombudsman shall hold office upon 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, at the time of appointment or reappointment.

• (8) A person who holds the office of Police Ombudsman or Deputy Police Ombudsman may resign from the office concerned by notice in writing addressed to the President and copied to the Minister and the resignation shall take effect on the date the President receives the notice or, if a date is specified in the notice and the President agrees to that date, on that date.

• (9) A person who holds the office of Police Ombudsman or Deputy Police Ombudsman may be removed from office by the President, but only for stated misbehaviour or for incapacity, and then only on a resolution passed by each House of the Oireachtas calling for the removal.

• (10) A person shall be disqualified from holding and shall cease to hold office as the Police Ombudsman or the Deputy Police Ombudsman, if he or she 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.

• (11) A person who holds the office of Police Ombudsman or Deputy Police Ombudsman shall not hold any other office or employment in respect of which emoluments are payable.

175. Power of Deputy Police Ombudsman to perform functions of Police Ombudsman

175. (1) Subject to this section, the Deputy Police Ombudsman may perform the functions of the Police Ombudsman during any period when the Police Ombudsman is unable to perform his or her functions.

• (2) The Deputy Police Ombudsman may perform the functions of the Police Ombudsman pursuant to subsection (1)—

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

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

• (3) Where the Deputy Police Ombudsman is performing the functions of the Police Ombudsman under this section, references in this Act and any other enactment to the Police Ombudsman shall be construed as references to the Deputy Police Ombudsman.

• (4) In this section, a reference to the Police Ombudsman being unable to perform his or her functions means—

• (a) the Police Ombudsman being absent or incapacitated, or

• (b) the office of the Police Ombudsman being vacant.

176. Officers of Police Ombudsman

176. (1) The Police Ombudsman may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such and so many persons as officers of the Police Ombudsman (in this Act referred to as an “officer of the Police Ombudsman”) as the Police Ombudsman may determine.

• (2) The terms and conditions of service of an officer of the Police Ombudsman, and the grade at which he or she serves, shall be such as may be determined from time to time by the Police Ombudsman with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (3) An officer of the Police Ombudsman shall be a civil servant in the Civil Service of the State.

• (4) The Police Ombudsman shall be the appropriate authority (within the meaning of the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to officers of the Police Ombudsman.

• (5) Any person who, immediately before the coming into operation of this section, was appointed under section 71 of the Act of 2005 as an officer of the Garda Síochána Ombudsman Commission shall, on and after such coming into operation, be deemed to have been appointed under subsection (1) on such terms and conditions of service (including terms and conditions relating to remuneration and allowances) as are not less favourable than the terms and conditions of service (including terms and conditions relating to remuneration and allowances) to which the person was subject immediately before such coming into operation.

177. Designated officers and senior designated officers

177. (1) The Police Ombudsman may appoint in writing a person who is—

• (a) appointed under section 176(1) as an officer of the Police Ombudsman,

• (b) deemed under section 176(5) to be so appointed, or

• (c) engaged by the Police Ombudsman under section 181,

to be a designated officer for the purposes of any of the provisions of Part 6.

• (2) The Police Ombudsman may appoint in writing any designated officer to be a senior designated officer for the purposes of any of the provisions of Part 6.

• (3) The Police Ombudsman shall provide each person appointed under this section with a warrant card identifying the person and specifying whether the person is appointed as a designated officer or a senior designated officer.

• (4) A person provided with a warrant card shall carry it at all times while performing functions under Part 6 and, where requested by any person affected by the performance of such functions, shall produce the card for inspection.

• (5) In any legal proceedings, a certificate signed by the Police Ombudsman or the Deputy Police Ombudsman and stating that the person named in the certificate was a designated officer or senior designated officer of the Police Ombudsman for the purposes of any of the provisions of Part 6 on the date or dates specified in the certificate shall, unless the contrary is shown, be evidence of the matters stated therein, without further proof, including proof of the signature of the Police Ombudsman or the Deputy Police Ombudsman, as the case may be.

178. Appointment of chief executive officer of Police Ombudsman

178. (1) The Police Ombudsman shall, with the consent of the Minister, appoint a person to be the chief executive officer of the Office of the Police Ombudsman (in this Part referred to as the “chief executive officer”).

• (2) The Minister may, before the coming into operation of section 170, designate a person to be appointed as the first chief executive officer.

• (3) Where, immediately before the coming into operation of section 170, a person stands designated under subsection (2), that person shall, on such coming into operation, stand appointed as the first chief executive officer.

• (4) A person appointed as the chief executive officer 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 and superannuation) as are determined by the Police Ombudsman with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

• (b) be paid out of moneys at the disposal of the Office of the Police Ombudsman.

• (5) The chief executive officer shall—

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

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

• (6) The chief executive officer 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 Police Ombudsman.

• (7) The chief executive officer shall have the following functions:

• (a) to implement the policies and decisions of the Police Ombudsman;

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

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

• (8) The chief executive officer shall provide to the Police Ombudsman such information, including financial information, in relation to the performance of his or her functions referred to in subsection (7), as the Police Ombudsman may require.

• (9) The chief executive officer may be removed or suspended from office by the Police Ombudsman, with the consent of the Minister, for stated reasons.

• (10) Where the chief executive officer—

• (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 Police Ombudsman may designate such officer or officers of the Police Ombudsman as he or she considers appropriate to perform the functions of the chief executive officer until—

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

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

• (iii) the Police Ombudsman revokes or varies a designation made under this subsection.

179. Delegation of functions of Police Ombudsman

179. (1) Subject to subsection (2), the Police Ombudsman may, in writing, delegate any of his or her functions, other than his or her functions under section 210—

• (a) to the Deputy Police Ombudsman,

• (b) to the chief executive officer, or

• (c) by grade, position, name or otherwise to—

• (i) any officer of the Police Ombudsman, or

• (ii) any person engaged under section 181.

• (2) Where a delegation under this section relates to the performance of a function assigned to the Police Ombudsman by or under any enactment, other than this Act, the Police Ombudsman shall not exercise the power under this section to delegate the function without the prior consent of the Minister in writing in relation to that function.

• (3) A delegation under this section may—

• (a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the Police Ombudsman at any time.

• (4) The delegation of a function under this section does not preclude the Police Ombudsman from performing the function.

• (5) Where the Police Ombudsman’s functions are delegated to a person under this section, any references in that provision to the Police Ombudsman shall be construed as references to that person.

• (6) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Police Ombudsman.

• (7) A delegation under this section shall not cease to have effect by reason only of a change in the person lawfully acting as, or performing the functions of, the Police Ombudsman.

• (8) In any legal proceedings, a certificate purporting to be signed by the Police Ombudsman stating that a specified function of the Police Ombudsman was, on a specified date, delegated by him or her under this section to a specified person and specifying the restrictions or conditions (if any) imposed on the delegation shall, unless the contrary is shown, be evidence of the matters stated therein without further proof, including proof of the signature of the Police Ombudsman.

180. Power of Police Ombudsman to engage consultants and advisers and to enter into contracts

180. (1) The Police Ombudsman, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may—

• (a) engage such consultants or advisers as he or she considers necessary to assist in the performance of his or her functions, and

• (b) enter into a contract with any person or body concerning any matter arising in relation to his or her functions.

• (2) There shall be paid out of the resources at the disposal of the Office of the Police Ombudsman, to consultants, advisers, persons or bodies referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by the consultant, adviser, person or body, as the case may be, as the Police Ombudsman, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.

• (3) The engagement of a consultant or adviser under paragraph (a) of subsection (1) and a contract under paragraph (b) of that subsection shall be for such period and on such terms and conditions as the Police Ombudsman considers appropriate.

181. Special assistance

181. (1) The Police Ombudsman may, for the purposes of performing his or her functions, enter into arrangements—

• (a) with the Garda Commissioner for the engagement by the Police Ombudsman of eligible members of garda personnel,

• (b) with any police service or law enforcement agency outside the State for the engagement by the Police Ombudsman of police officers from that service or agency, or

• (c) with any other body for the engagement by the Police Ombudsman of other persons.

• (2) Arrangements under subsection (1) may provide for persons to be engaged (on contract or otherwise) for a period of temporary service with the Office of the Police Ombudsman.

• (3) Where a person is—

• (a) a member of An Garda Síochána, another police service, law enforcement agency or other body,

• (b) engaged under this section for a period of temporary service with the Office of the Police Ombudsman, and

• (c) designated by the Police Ombudsman for the purpose of conducting an investigation (within the meaning of Part 6),

he or she shall have, in relation to such investigation only, the powers, immunities and privileges conferred, and the duties imposed, under sections 209 to 211.

• (4) During a period of temporary service pursuant to an arrangement under this section—

• (a) a member of garda personnel shall continue to be paid as a member of garda personnel but shall not be subject to the direction or control of the Garda Commissioner,

• (b) a member of garda personnel’s service with the Office of the Police Ombudsman shall be regarded as service with An Garda Síochána for pension, promotion and seniority purposes, and

• (c) a member of An Garda Síochána shall be 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 Office of the Police Ombudsman as if he or she had not been on such service and the injuries had been received in the course of, or in relation to, the carrying out of his or her duties as such a member.

• (5) Where the Garda Síochána Ombudsman Commission entered into an arrangement under section 74 of the Act of 2005 prior to the repeal of that section by section 5 and the arrangement is in force immediately before that repeal, the arrangement shall be deemed to have been entered into under this section to the extent that it is so in force.

• (6) In this section, “eligible member of garda personnel” means—

• (a) a member of garda personnel below the rank of Garda Commissioner, and

• (b) a member of garda staff,

who has offered in writing to be available during a specified temporary period for service under an arrangement under this section and whose offer has been accepted by the Garda Commissioner.

182. Power of Police Ombudsman to enter into agreements with law enforcement agencies or other relevant persons or bodies outside State

182. (1) The Police Ombudsman may, with the consent of the Government, enter into an agreement with 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, or

• (c) such other matters as the Police Ombudsman thinks fit.

• (3) Subject to the Data Protection Regulation and the Data Protection Acts 1988 to 2018, the Police Ombudsman 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 Síochána Ombudsman Commission entered into an agreement under section 81A of the Act of 2005 with a relevant person or body (within the meaning of that section) prior to the repeal of that section by section 5 and the agreement is in force immediately before that repeal, the agreement shall be deemed to have been entered into under this section to the extent that it is so in force.

• (5) In this section, “relevant person or body” means—

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

• (b) 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 the Police Ombudsman under this or any other enactment.

Chapter 3 Governance and accountability of Police Ombudsman

183. Governance framework of Office of Police Ombudsman

183. (1) The Police Ombudsman shall, as soon as practicable after the coming into operation of section 170, submit to the Minister a framework (in this section referred to as the “governance framework”) that includes an outline of—

• (a) the guiding principles applicable to the Office of the Police Ombudsman as a public body having functions in relation to the open and effective investigation of complaints and other matters in relation to An Garda Síochána,

• (b) the managerial, organisational and governance structures of the Office of the Police Ombudsman, including the roles and responsibilities of the Police Ombudsman, the Deputy Police Ombudsman and the chief executive officer,

• (c) the processes and guidelines to be followed by the Police Ombudsman to ensure compliance with the requirements under this Act or any other enactment to report in relation to the functions, operations or other related matters imposed on the Police Ombudsman by or under this Act or any other enactment, and

• (d) the Office of the Police Ombudsman’s internal controls, including its procedures relating to internal audits, risk management, public procurement, financial reporting and protected disclosures.

• (2) The Police Ombudsman shall review the governance framework periodically and at such times as may be specified by the Minister and shall revise the framework as the Police Ombudsman considers appropriate.

• (3) Where the Police Ombudsman revises the governance framework, he or she shall submit the revised framework to the Minister.

• (4) The Police Ombudsman shall ensure that, as soon as practicable after the governance framework or revised governance framework is submitted to the Minister, such framework is published on a website maintained by or on behalf of the Office of the Police Ombudsman or in such other manner as the Police Ombudsman considers appropriate.

184. Strategy statement of Office of Police Ombudsman

184. (1) The Police Ombudsman shall prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted—

• (a) as soon as practicable after the coming into operation of section 170, and

• (b) thereafter not earlier than 6 months before, and not later than, the expiration of each subsequent period of 3 years following that coming into operation.

• (2) A strategy statement under this section shall—

• (a) include the key objectives, outputs and related strategies of the Police Ombudsman, including the use of resources in relation to the period to which the statement relates, and