POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

• (b) subject to subsection (3)(b), at least once every 3 years, a review of the operation and effectiveness of the enactments, other than those referred to in paragraph (a), which fall within the definition of “security legislation”,

• (c) without prejudice to paragraphs (a) and (b), a general statement regarding the performance by the Independent Examiner during the period to which the report relates of his or her functions, including, subject to subsection (3)(c), such additional functions as may be conferred on him or her under section 234(9)(a),

• (d) a general statement regarding any notifications received during the period to which the report relates under section 204(7),

• (e) details of any request referred to in subsection (3) made by the Independent Examiner and any decision of the Taoiseach in relation to such request, and

• (f) such recommendations, having regard to his or her objectives referred to in section 234(1), as appear to the Independent Examiner to be appropriate.

• (3) The Taoiseach may, where he or she receives a request in writing in that regard from the Independent Examiner in relation to an annual report—

• (a) grant an additional period of up to 6 months, commencing on the expiry of the period referred to in subsection (1) or (5), as the case may be, for the submission of the annual report under the subsection concerned,

• (b) where a review of an enactment to which subsection (2)(b) applies would, by virtue of the operation of that subsection, otherwise be required to be included in the annual report, permit such review not to be included in that annual report and to be included instead in the annual report in the following year, and

• (c) where a general statement regarding the performance by the Independent Examiner of such additional functions as may be conferred on him or her under section 234(9)(a) would, by virtue of the operation of subsection (2)(c), otherwise be required to be included in the annual report, permit such statement not to be included in that annual report and to be included instead in the annual report in the following year.

• (4) The Taoiseach shall ensure that, as soon as practicable after he or she receives a copy of the annual report, a copy of it is laid before each House of the Oireachtas.

• (5) Notwithstanding subsection (1), if, but for this subsection, the first annual report under that subsection would relate to a period of less than 6 months, that annual report shall relate to that period and to the year immediately following that period and shall be prepared as soon as may be, but not later than 3 months, after the end of that year.

245. Special reports of Independent Examiner

245. (1) Subject to section 249, the Independent Examiner may prepare and submit to the Taoiseach reports, in addition to an annual report, on matters relating to his or her activities or the performance of his or her functions together with any recommendations that the Independent Examiner considers appropriate that, in his or her opinion, require, due to the gravity of the matters or other exceptional circumstances, a special report.

• (2) The Taoiseach may request the Independent Examiner to prepare and submit to him or her a special report—

• (a) on the actions taken by, or the conduct of, a public body in respect of any incident relating to the protection of the security of the State, or

• (b) in respect of any other matter relating to the functions of the Independent Examiner.

• (3) The Independent Examiner shall, as soon as practicable after he or she receives a request under subsection (2), comply with the request and submit a special report to the Taoiseach.

• (4) The Taoiseach shall ensure that, as soon as practicable after receiving a special report under subsection (1) or (2), a copy of it is laid before each House of the Oireachtas.

246. Report on effectiveness of office and functions by Independent Examiner

246. (1) Subject to section 249, the Independent Examiner shall prepare and submit to the Taoiseach, at such times as the Taoiseach may request, a report in relation to the effectiveness of the office, including in respect of the functions of the Independent Examiner under this Act, the Act of 1993, the Act of 2009 and the Act of 2011.

• (2) A report under this section may contain recommendations for improving the effectiveness of the office, including in respect of the functions and powers of the Independent Examiner under this Act, the Act of 1993, the Act of 2009 and the Act of 2011.

• (3) The Taoiseach shall ensure that, as soon as practicable after he or she receives a report under this section, a copy of it is laid before each House of the Oireachtas.

247. Publication of reports by Independent Examiner

247. The Independent Examiner shall ensure that, as soon as practicable after—

• (a) a copy of the annual report,

• (b) a copy of a special report, or

• (c) a copy of a report under section 246,

is laid before each House of the Oireachtas in accordance with section 244(4), 245(4) or 246(3), as the case may be, the report as laid is published on a website maintained by or on behalf of the Independent Examiner or in such other manner as the Taoiseach may specify.

248. Response by Taoiseach to reports of Independent Examiner

248. (1) The Taoiseach shall, within 3 months of the receipt by him or her of—

• (a) an annual report submitted under section 244(1),

• (b) a special report submitted under subsection (1) or (3) of section 245, or

• (c) a report submitted under section 246(1),

issue a response to the Independent Examiner on behalf of the Government.

• (2) A response under subsection (1) shall address any recommendations made in a report referred to in that subsection in respect of which it is issued.

• (3) The Taoiseach shall ensure that a copy of a response under subsection (1) is laid before each House of the Oireachtas as soon as practicable.

249. Sensitive information

249. (1) Where the Independent Examiner proposes including, in an annual report, a special report or a report under section 246, sensitive information provided to him or her, he or she shall consult in relation to the sensitive information concerned with the relevant information holder and the relevant Minister of that information holder prior to submitting the report concerned under section 244(1), subsection (1) or (3) of section 245 or section 246(1), as the case may be.

• (2) Where, in relation to sensitive information provided to the Independent Examiner, a relevant information holder or the relevant Minister forms the view that a report referred to in subsection (1) contains sensitive information that is not suitable for publication, the Independent Examiner shall—

• (a) prior to submitting the report concerned under section 244(1), subsection (1) or (3) of section 245, or section 246(1), as the case may be, agree with the relevant information holder or relevant Minister, as the case may be, such redactions or amendments to the report as shall render it suitable for publication, and

• (b) subject to subsection (3), submit the report as so redacted or amended to the Taoiseach under section 244(1), subsection (1) or (3) of section 245, or section 246(1).

• (3) Where subsection (2) applies to an annual report, a special report or a report under section 246 and the Independent Examiner is of the opinion that to do so is necessary for the proper performance of his or her functions, he or she may submit to the Taoiseach—

• (a) a version of the annual report, special report or report that is redacted or amended under subsection (2), and

• (b) a version of such report that is not so redacted or amended.

• (4) Where the Independent Examiner submits 2 versions of an annual report, a special report or a report under section 246 to the Taoiseach pursuant to subsection (3), a reference in—

• (a) section 244(4), 247 or 248(1) to the annual report,

• (b) section 245(4), 247 or 248(1) to the special report, or

• (c) section 246(3), 247 or 248(1) to the report,

shall be construed as a reference to the version of the report that is redacted or amended under subsection (2).

• (5) In this section, “relevant information holder”, in relation to sensitive information, means the public body that provided the sensitive information to the Independent Examiner.

Chapter 5 Information

250. Confidentiality of sensitive information (Part 7)

250. (1) A person who is or was—

• (a) the Independent Examiner,

• (b) a member of staff of the office,

• (c) engaged by or under contract with the Independent Examiner pursuant to section 241, or

• (d) an employee or a contractor of a person to whom paragraph (c) 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 Independent Examiner in furtherance of his or her functions, any sensitive information obtained in the course of carrying out duties of that person’s office, employment, contract or other arrangement of engagement.

• (2) A person who contravenes subsection (1) 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 €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 Independent Examiner in furtherance of his or her 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 disclosure 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 provisions of the Act of 1963.

251. Security of information

251. (1) The Independent Examiner shall put in place all necessary and reasonable measures to ensure the security of any information, document or thing provided to him or her or otherwise obtained by him or her in the course of performing his or her functions.

• (2) The Independent Examiner and an information holder who provides any information, document or thing to him or her under this Act or any other enactment shall agree a memorandum of understanding concerning measures to ensure the security of any such information, document or thing so provided or otherwise obtained by the Independent Examiner in the course of performing his or her functions.

• (3) A memorandum of understanding agreed pursuant to subsection (2) shall include—

• (a) measures of physical and electronic security, and

• (b) procedures for the appropriate handling of sensitive information by the office.

• (4) The Independent Examiner shall ensure that any information, document or thing provided to him or her by an information holder shall be returned to the information holder as soon as practicable.

PART 8 Regulations

252. Regulations and orders

252. (1) Subject to subsection (2), the Minister may by regulation provide for any matter referred to in this Act as prescribed or to be prescribed.

• (2) The Minister shall not make regulations or orders under the following sections other than with the approval of the Government:

• (a) section 45(2);

• (b) section 59(1);

• (c) section 96(4);

• (d) section 193(2);

• (e) section 196(8);

• (f) section 253(1);

• (g) section 254(1);

• (h) section 255(1);

• (i) section 256(1);

• (j) section 257(1);

• (k) section 258(1);

• (l) section 260;

• (m) section 261(3).

• (3) Every regulation or order made under—

• (a) subsection (1) or (3) of section 87,

• (b) section 107(5),

• (c) section 114(1),

• (d) section 115,

• (e) section 212(7),

• (f) section 230(1),

• (g) section 234(9),

• (h) section 241(2),

• (i) section 259, or

• (j) section 264(3),

shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order, as the case may be, is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the order or regulation concerned shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (4) An order or regulation under this Act may contain such incidental, supplementary and consequential provisions as appear to the Government, the Taoiseach or the Minister, as the case may be, to be necessary or expedient for the purposes of the order or regulation.

253. General power to make regulations

253. (1) Subject to section 252(2), the Minister may, in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of giving full effect to this Act.

• (2) Before making regulations under this section, the Minister shall consult with such of the following as the Minister considers appropriate:

• (a) the Garda Commissioner;

• (b) the Board;

• (c) the Authority;

• (d) the Police Ombudsman;

• (e) the Independent Examiner.

254. Regulations relating to management of An Garda Síochána

254. (1) Subject to this Act, the Minister may, having consulted with the Garda Commissioner and the Authority, make regulations relating to the management of An Garda Síochána, including regulations relating to any or all of the following matters:

• (a) the duties of the different ranks of An Garda Síochána;

• (b) the functions of the different grades of members of garda staff;

• (c) the admission, appointment and enrolment of members of An Garda Síochána, including members who have served with other police services and members with different ethnic or national origins or different religious beliefs or backgrounds;

• (d) the selection processes to apply to appointments to different ranks of An Garda Síochána, including the nomination by the Authority of a representative to participate in such selection boards as may be specified in the regulations;

• (e) the length of the term for which a person, appointed to the rank of Deputy Garda Commissioner or Assistant Garda Commissioner after the coming into operation of this section, shall hold office;

• (f) without prejudice to sections 93 and 94, the appointment to An Garda Síochána of members on secondment from a police service or law enforcement agency in a state other than the State, including the criteria, procedures and terms and conditions that would apply to such appointments and to members so appointed;

• (g) the secondment of personnel to and from An Garda Síochána pursuant to an agreement entered into under section 93, including the criteria, procedures and terms and conditions that would apply to such secondments and to personnel so seconded;

• (h) the training of members of An Garda Síochána;

• (i) the retirement of members of An Garda Síochána, including the retirement ages of reserve members and other ranks of An Garda Síochána;

• (j) the payment of pensions, allowances and gratuities to members of An Garda Síochána and their spouses or civil partners (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010), children and dependants, including—

• (i) the conditions under which those pensions, allowances and gratuities are payable,

• (ii) the rates and scales of payment, and

• (iii) the penalties for fraudulent conduct in relation to an application for a pension, allowance or gratuity;

• (k) the promotion of members of An Garda Síochána;

• (l) requirements relating to the resignation of members of An Garda Síochána;

• (m) the use of facilities, equipment, arms or services by An Garda Síochána;

• (n) the limitations, restrictions or conditions applicable to the delegation of the Garda Commissioner’s functions under section 39;

• (o) the limitations, restrictions or conditions applicable to the exercise of the Garda Commissioner’s powers under section 40;

• (p) the circumstances in, and the extent to, which services referred to in section 43(3) may be provided under that section by An Garda Síochána;

• (q) the costs to be taken into account under section 43(4) in relation to the provision of services under that section;

• (r) matters relating to the role, status and carrying out of business within An Garda Síochána, of associations established in accordance with section 59, including the organisation of, and procedures applying to, such associations;

• (s) any other matter relating to the organisation, training, carrying out of duties, efficiency, management or administration of An Garda Síochána.

• (2) In making regulations under this section, the Minister shall consider the objective of promoting effectiveness, efficiency and economy in An Garda Síochána.

• (3) Regulations made under this section may—

• (a) make different provision for—

• (i) different categories of members or ranks of An Garda Síochána,

• (ii) different categories or grades of members of garda staff, or

• (iii) different categories of any other such persons to whom the regulations may apply,

or

• (b) authorise any matter or thing to be determined or applied by a specified person or body.

255. Regulations relating to establishment, maintenance and operation of regime of testing for controlled drugs and psychoactive substances

255. (1) Subject to section 252(2), the Minister may, having consulted with the Garda Commissioner and the Authority, make regulations for the establishment, maintenance and operation of a regime of testing in relation to An Garda Síochána for controlled drugs and psychoactive substances, which may provide for—

• (a) subject to paragraph (b), a prohibition on the presence of controlled drugs or psychoactive substances above a specified concentration in a sample,

• (b) the procedures to be followed where a person is exposed to a controlled drug or psychoactive substance in the course of and as a result of his or her functions or employment,

• (c) the taking of samples,

• (d) a prohibition on tampering with a sample,

• (e) subject to subsection (2), the persons from whom a sample may be taken for testing,

• (f) the persons who may be permitted to take a sample,

• (g) the information to be provided to a person required to provide a sample,

• (h) matters with regard to the testing and analysis of samples,

• (i) the reasons for testing, which may include—

• (i) pre-employment testing,

• (ii) testing of persons admitted as trainees in accordance with section 53,

• (iii) random testing,

• (iv) targeted drug testing,

• (v) with-cause testing, or

• (vi) post-incident testing,

• (j) the concentration of a controlled drug or psychoactive substance required to be present to yield a positive result in a sample,

• (k) how samples are to be stored,

• (l) the period during which samples may be stored, and

• (m) the reviewing of test results.

• (2) A regime of testing established, maintained and operated pursuant to regulations under subsection (1) may apply in respect of such of the following persons as may be specified in the regulations:

• (a) applicants seeking appointment to the position of a member of An Garda Síochána;

• (b) persons admitted as trainees in accordance with section 53;

• (c) members of An Garda Síochána;

• (d) persons seconded to An Garda Síochána pursuant to an agreement under section 93;

• (e) members of garda staff.

• (3) Regulations under subsection (1) may make different provision for different categories of persons in respect of whom they may apply pursuant to subsection (2).

256. Performance Regulations

256. (1) Subject to section 252(2), the Minister may, having consulted with the Garda Commissioner and the Police Ombudsman, make regulations providing for the procedures under which An Garda Síochána may address—

• (a) the unsatisfactory performance of a member of An Garda Síochána, or

• (b) the unsatisfactory attendance of such a member,

(in this Act referred to as the “Performance Regulations”).

• (2) Without prejudice to the generality of subsection (1), the Performance Regulations may make provision for the following matters:

• (a) the criteria and procedures by which it is to be determined that the regulations are to apply in respect of the unsatisfactory performance or unsatisfactory attendance of a member of An Garda Síochána;

• (b) the criteria and procedures by which the degree of seriousness of the unsatisfactory performance or unsatisfactory attendance of the member may be assessed;

• (c) the procedures to apply in addressing the unsatisfactory performance or unsatisfactory attendance of the member, including—

• (i) the person responsible for addressing such unsatisfactory performance or unsatisfactory attendance of the member concerned at each stage of such procedures,

• (ii) the measures that may be taken by An Garda Síochána for the purposes of addressing the unsatisfactory performance or unsatisfactory attendance of the member concerned, including—

• (I) the holding of meetings with that member, whether by another member of garda personnel or a panel of such members,

• (II) the assessment of that member’s performance or attendance to determine whether further measures are required under the regulations in relation to him or her,

• (III) the issuing of a notice in writing to that member requiring that he or she improve his or her performance or attendance and specifying any actions required for such improvement and such other matters as may be considered appropriate (in this section referred to as an “improvement plan”),

• (IV) the assessment and monitoring of compliance by that member with an improvement plan,

• (V) the variation of an improvement plan,

• (VI) the suspension of that member under section 48 or 50(3), and

• (VII) the bringing of a review by that member of an outcome proposed under the regulations and the conduct or consideration of that review,

• (iii) the fair procedures to apply to the member concerned in the consideration or assessment of his or her performance or attendance, including the circumstances in which the member concerned may be legally represented, and

• (iv) the outcomes that may be imposed on the member concerned under the regulations, including—

• (I) a decision that no further action is required under the regulations,

• (II) the referral of that member to be dealt with under the Conduct Regulations,

• (III) a reduction in the rank of that member, or

• (IV) the dismissal of that member;

• (d) the retention of records relating to any matter dealt with under the regulations;

• (e) the procedures to apply where a copy of a report has been provided to the Garda Commissioner by the Police Ombudsman under section 215 in relation to a member of An Garda Síochána that discloses a matter that should be dealt with under the Performance Regulations.

• (3) Regulations made under this section may make different provision—

• (a) depending on the degree of seriousness of the unsatisfactory performance or unsatisfactory attendance of a member of An Garda Síochána, or

• (b) for different categories of members or ranks of An Garda Síochána.

• (4) In this section—

“improvement plan” has the meaning assigned to it by subsection (2)(c)(ii)(III);

“unsatisfactory attendance”, in relation to a member of An Garda Síochána, means an inability or a failure on the part of the member to attend for duty as such a member to the level that can reasonably be expected of such a member;

“unsatisfactory performance”, in relation to a member of An Garda Síochána, means an inability or a failure on the part of the member to perform the duties of the role that he or she is currently undertaking, or the rank that he or she holds, to the level that can reasonably be expected of such a member.

257. Conduct Regulations

257. (1) Subject to section 252(2), the Minister may, having consulted with the Garda Commissioner and the Police Ombudsman, make regulations providing for the procedures under which An Garda Síochána may address misconduct by a member of An Garda Síochána (in this Act referred to as the “Conduct Regulations”).

• (2) Without prejudice to the generality of subsection (1), the Conduct Regulations may make provision for the following matters:

• (a) the criteria and procedures by which it is to be determined that the regulations are to apply in respect of the alleged misconduct of a member of An Garda Síochána;

• (b) the criteria and procedures by which the degree of seriousness of the alleged misconduct by a member of An Garda Síochána may be assessed;

• (c) the procedures to apply in addressing alleged misconduct by a member of An Garda Síochána, including—

• (i) the conduct, where appropriate, of an investigation into the alleged misconduct of the member concerned,

• (ii) the appointment of a person to conduct such an investigation,

• (iii) the manner in which such an investigation is to be conducted,

• (iv) the suspension of the member concerned under section 30, 48 or 50(3),

• (v) the bringing of proceedings under the regulations against the member concerned for the purposes of the consideration of whether the imposition of a disciplinary sanction on the person is warranted (in this section referred to as “relevant proceedings”), including—

• (I) the matters that may be taken into account in such proceedings,

• (II) the appointment of a person or a panel of persons to conduct such proceedings,

• (III) the procedures to apply to the conduct of such proceedings,

• (IV) the circumstances in which the member concerned may seek a review of, or bring an appeal against, a finding made, or a disciplinary sanction proposed, under the regulations,

• (V) the procedures to apply to the conduct of a review or appeal referred to in clause (IV), and

• (VI) the disciplinary sanction that may be imposed on the member concerned under the regulations,

• (vi) the fair procedures to apply to the member concerned in the conduct of an investigation or relevant proceedings under the regulations, including the circumstances in which the member concerned may be legally represented,

• (vii) the powers of a person appointed to conduct an investigation pursuant to subparagraph (ii) or a person or panel of persons appointed to conduct relevant proceedings pursuant to subparagraph (v)(II), including the power to require a person to—

• (I) cooperate with such an investigation or proceedings in such a manner as may be specified in the regulations,

• (II) provide any information or documents required,

• (III) attend for an interview, meeting or hearing as required,

• (IV) give a truthful account of any matter under investigation or the subject of relevant proceedings, or

• (V) truthfully answer any questions put to him or her during the investigation or relevant proceedings,

and

• (viii) the consequences that may apply to a person who does not cooperate with a person appointed to conduct an investigation pursuant to subparagraph (ii) or a person or panel of persons appointed to conduct relevant proceedings pursuant to subparagraph (v)(II) in the exercise of his or her powers;

• (d) the criteria to apply in referring alleged misconduct by a member the subject of an investigation or relevant proceedings under the regulations to be dealt with under the Performance Regulations;

• (e) the retention of records relating to any matter dealt with under the regulations;

• (f) the procedures to apply where a copy of a report has been provided to the Garda Commissioner by the Police Ombudsman under section 215 in relation to a member of An Garda Síochána that discloses a matter that should be dealt with under the Conduct Regulations;

• (g) where the report referred to in paragraph (f) concerns a member of An Garda Síochána who is no longer such a member at the time that the report is received by the Garda Commissioner, the circumstances in which a finding in the report and the recommendation of the Police Ombudsman may be recorded in the employment record of the member, and the information shared with other persons.

• (3) The Conduct Regulations may apply in respect of the misconduct of a member of An Garda Síochána notwithstanding that—

• (a) he or she has been convicted or acquitted of an offence in respect of the matter that constitutes the misconduct,

• (b) a charge against the member concerned in respect of an offence referred to in paragraph (a) has been dismissed under section 4E of the Criminal Procedure Act 1967,

• (c) proceedings against the member concerned for an offence referred to in paragraph (a) have been discontinued, or

• (d) the Director of Public Prosecutions has decided not to institute a prosecution in relation to the matter that constitutes the misconduct.

• (4) The Conduct Regulations may make different provision—

• (a) depending on the degree of seriousness of the alleged misconduct of a member of An Garda Síochána, or

• (b) for different categories of members or ranks of An Garda Síochána.

• (5) Subject to subsections (6) and (7), the Conduct Regulations shall apply to the misconduct of a member of An Garda Síochána regardless of whether the misconduct occurred prior to or after the coming into operation of this section.

• (6) The Conduct Regulations shall not apply to the misconduct of a member of An Garda Síochána that occurred prior to the coming into operation of this section and in relation to which disciplinary proceedings (within the meaning of the Regulations of 2007) had been commenced but not concluded under the Regulations of 2007 on the date of such coming into operation.

• (7) Any disciplinary sanction imposed on a member of An Garda Síochána under the Conduct Regulations in relation to misconduct that occurred prior to the coming into operation of this section shall not exceed the sanction that could have been imposed in respect of that breach at the time the breach occurred.

• (8) In this section—

“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;

“misconduct”, in relation to the conduct of a member of An Garda Síochána—

• (a) occurring after the coming into operation of this section, means—

• (i) a breach by the member of the standards of professional behaviour, or

• (ii) a failure by the member to cooperate with—

• (I) any measures taken under the Performance Regulations in respect of his or her unsatisfactory performance or unsatisfactory attendance,

• (II) an investigation (within the meaning of Part 6),

• (III) an investigation under section 227, or

• (IV) a person appointed to conduct an investigation pursuant to subsection (2)(c)(ii) or a person or panel of persons appointed to conduct relevant proceedings pursuant to subsection (2)(c)(v)(II),

and

• (b) occurring before the coming into operation of this section, means conduct that would, at the time it occurred, have been a breach of discipline within the meaning of the Regulations of 2007;

“Regulations of 2007” means the Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007).

258. Regulations relating to standards of professional behaviour

258. (1) Subject to section 252(2), the Minister may, having consulted with the Garda Commissioner, the Police Ombudsman and the Authority, prescribe the standards of professional behaviour applicable to members of garda personnel (in this Act referred to as the “standards of professional behaviour”).

• (2) In prescribing standards of professional behaviour under subsection (1), the Minister shall have regard to—

• (a) the importance of members of garda personnel maintaining proper standards of integrity and conducting themselves in a manner that promotes public confidence in policing,

• (b) the policing principles,

• (c) the code of ethics for members of garda personnel issued under section 78, and

• (d) such other matters that he or she considers appropriate.

• (3) The Minister may prescribe different standards under subsection (1) for members of An Garda Síochána and members of garda staff.

259. Regulations relating to fees for provision of vetting services

259. The Minister may—

• (a) having consulted with the Garda Commissioner, and

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

make regulations prescribing fees in relation to the provision of vetting services by An Garda Síochána.

260. Regulations relating to matters concerning security of State

260. The Minister may, having consulted with the Garda Commissioner, for the purposes of section 45(10) of the Freedom of Information Act 2014, make regulations prescribing—

• (a) information, documents or things, or classes of information, documents or things relating to the security of the State, and

• (b) Garda Síochána premises in which information, documents or things, or classes of information, documents or things, relating to the security of the State are held.

261. Continuation of certain regulations and orders

261. (1) Subject to subsections (2) to (4), regulations and orders made or continued under an enactment repealed by section 5 which are in force immediately before the day on which this section comes into operation shall on and after that day, and to the same extent as they were so in force, continue in force.

• (2) Each regulation or order specified in Schedule 7, in so far as it is in force immediately before the day on which this section comes into operation, is revoked to the extent specified in column (4) of that Schedule.

• (3) Subject to section 252(2), the Minister may revoke (whether in whole or in part) a regulation or order continued in force under this section.

• (4) A power under this Act to make a regulation or order shall include a power, exercisable in the like manner and subject to the like consent and conditions (if any), to amend a regulation or order continued in force under this section.

PART 9 Miscellaneous

262. Dissolution of Garda Síochána Reward Fund

262. (1) The Garda Síochána Reward Fund established under section 18 of the Garda Síochána Act 1924 and continued in being under section 127 of the Garda Síochána Act 2005 is dissolved.

• (2) Subject to section 315 of the Fisheries (Consolidation) Act 1959, any sums standing to the credit of the Garda Síochána Reward Fund on the date of the coming into operation of this section shall be disposed of, in accordance with the directions of the Garda Commissioner, for the promotion of the well-being of members of garda personnel.

263. Exercise of special powers by security officers

263. (1) The Minister may by order designate any of the following bodies for the purposes of this section:

• (a) the Courts Service;

• (b) a Department of State;

• (c) the Office of the Attorney General;

• (d) the Houses of the Oireachtas Commission;

• (e) the National Gallery of Ireland;

• (f) the National Museum of Ireland.

• (2) For the purposes of this section, the head of an authorised body may, in writing—

• (a) specify any premises in which any activity relating to the functions of that body is carried out (in this section referred to as a “specified premises”), and

• (b) where he or she has so specified a premises, designate a person as a security officer in relation to the specified premises for the purpose of guarding, patrolling or providing any other protective services in relation to the premises and persons on the premises, where that head is satisfied that—

• (i) the person is a suitable person to exercise the powers of a security officer under this section in relation to the premises,

• (ii) the person has received adequate training for that purpose,

• (iii) where the person has entered into a contract with the authorised body or the head of an authorised body, on behalf of the authorised body, for the provision of a relevant security service, he or she is the holder of any licence that is required under the Act of 2004 to provide such a service, and

• (iv) where the person is an employee of a person with whom or with which the authorised body or the head of an authorised body, on behalf of the authorised body, has entered into a contract for the provision of a relevant security service (in this subparagraph referred to as “the contractor”), the contractor and employee each hold any licence that is required under the Act of 2004 to provide such a service.

• (3) A security officer may, in carrying out his or her duties in relation to a specified premises in respect of which he or she is designated under subsection (2)(b), exercise any of the powers specified in subsection (4) or, where applicable, subsection (5), where—

• (a) the security officer is identifiable as such by means of a badge or uniform, and

• (b) the powers are exercised in accordance with any general or special instruction issued by the head of the authorised body by whom the security officer is so designated.

• (4) A security officer shall have the following powers:

• (a) to search any person who is in, or seeks entry to, the specified premises in respect of which the security officer is designated under subsection (2)(b);

• (b) to examine any article that is in, being delivered to, or brought into those premises;

• (c) to exclude or remove from those premises any person who, without good cause—

• (i) refuses to be searched in accordance with paragraph (a), or

• (ii) refuses to allow an article in his or her possession to be examined in accordance with paragraph (b);

• (d) to exclude or remove any person from those premises if it is necessary to do so—

• (i) to protect a person or property, or

• (ii) to allow the business of the authorised body to proceed without interference or delay;

• (e) to require any person who is in, or seeks entry to, those premises to identify himself or herself;

• (f) to seize, in exercising powers under this section, any weapon other than one in the possession of a person with lawful authority to have the weapon in his or her possession;

• (g) to seize any article that the security officer has reason to believe is being unlawfully removed from those premises;

• (h) to use reasonable force where necessary in exercising a power conferred under paragraph (c), (d), (f) or (g).

• (5) Without prejudice to subsection (4), where a security officer is designated under subsection (2)(b) by the Chief Executive of the Courts Service in respect of a specified premises all or part of which is a court, the security officer may, in carrying out his or her duties in relation to the premises, at the oral direction of a judge—

• (a) remove from the court any person who the judge has found to be in contempt of court, or

• (b) take into custody any person who the judge has so found and deliver that person into the custody of a member of An Garda Síochána as soon as practicable.

• (6) A person taken into custody pursuant to subsection (5)(b) shall, unless the court has ordered by warrant or otherwise that the person be committed to prison or be released, be brought before the court for it to deal with the matter before the court rises by—

• (a) the security officer concerned, if still in his or her custody, or

• (b) a member of An Garda Síochána, if already delivered into the custody of An Garda Síochána.

• (7) A security officer may use reasonable force where necessary in complying with a direction under subsection (5) or carrying out a duty under subsection (6).

• (8) The powers conferred on security officers under this section shall not authorise a security officer to—

• (a) require a person to remove clothing other than outer garments, such as coats, hats, jackets and shoes, or

• (b) read any document that would be exempt from production in any proceedings in a court on the ground of legal professional privilege.

• (9) Nothing in this section affects any power of arrest conferred by law, including the power conferred under section 4 of the Criminal Law Act 1997.

• (10) In this section—

“Act of 2004” means the Private Security Services Act 2004;

“authorised body” means a body that is, for the time being, designated by the Minister under subsection (1);

“head of an authorised body” means—

• (a) in relation to a Department of State, the Minister of the Government having charge of the Department,

• (b) in relation to the Office of the Attorney General, the Attorney General, and

• (c) in relation to any other authorised body, the person who holds or performs the functions of the chief executive officer (by whatever name called) of that body;

“premises” includes—

• (a) any building or part of a building, and

• (b) any land ancillary to a building;

“relevant security service” means a security service within the meaning of section 2(1) of the Act of 2004;

“security officer” means a person who for the time being is designated by the head of the authorised body concerned under subsection (2)(b);

“specified premises” has the meaning assigned to it by subsection (2)(a).

264. Sharing of information for performance of functions

264. (1) A relevant body may share documents and information (including personal data within the meaning of the Data Protection Regulation) with—

• (a) another relevant body, or

• (b) a prescribed body which is prescribed in relation to the relevant body,

for the purpose of the performance of the functions of the relevant body, the other relevant body concerned or the prescribed body concerned, where to do so is in accordance with law and to the extent that is necessary and proportionate for that purpose.

• (2) A prescribed body may share documents and information (including personal data within the meaning of the Data Protection Regulation) with a relevant body in relation to which it is prescribed for the purpose of the performance of the functions of the prescribed body or the relevant body, where to do so is in accordance with law and to the extent that is necessary and proportionate for that purpose.

• (3) The Minister may make regulations in relation to the sharing of information under this section, including in relation to—

• (a) the nature of the information that may be shared under this section,

• (b) the manner in which information shared under this section may be used, and

• (c) the measures to be taken by a relevant body or a prescribed body to ensure that information shared under this section is shared only to the extent that is necessary and proportionate for the performance of the body’s functions.

• (4) Subject to subsections (5) and (6), where the Minister considers it appropriate, he or she may, in relation to each relevant body, prescribe—

• (a) a public body, or

• (b) the Inspector of Prisons,

as a prescribed body in relation to the relevant body for the purposes of this section.

• (5) In prescribing a public body or the Inspector of Prisons under subsection (4) as a prescribed body in relation to a relevant body, the Minister shall have regard to the functions of the public body or Inspector of Prisons, as the case may be.

• (6) The Minister shall, prior to prescribing a public body or the Inspector of Prisons under subsection (4) as a prescribed body in relation to a relevant body, consult with the relevant body and the public body concerned or the Inspector of Prisons, as the case may be.

• (7) This section is without prejudice to any other legal basis for the sharing of documents and information between relevant bodies and prescribed bodies.

• (8) In this section, “relevant body” means—

• (a) An Garda Síochána,

• (b) the Authority, or

• (c) the Office of the Police Ombudsman.

PART 10 Amendments of other Acts of the Oireachtas

265. Amendment of Fisheries (Consolidation) Act 1959

265. The Fisheries (Consolidation) Act 1959 is amended—

• (a) by the substitution of the following section for section 315:

“Payments to Inland Fisheries Ireland in respect of fines for certain offences

315. (1) This section applies to—

• (a) an offence under any section of this Act (other than a section contained in Part XV or XVI or section 217, 290 or 323), and

• (b) an offence against any bye-law made under section 57 of the Inland Fisheries Act 2010.

• (2) Where a fine imposed for an offence to which this section applies has been paid or levied, then, unless the fine has been wholly remitted, there shall be paid to Inland Fisheries Ireland a sum equal to the fine, or, if the fine was remitted in part, of so much thereof as was not remitted.

• (3) All moneys payable under subsection (2) shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he or she thinks fit.

• (4) A reference in subsection (2) to a fine imposed for an offence to which this section applies shall be construed as including a reference to a fine imposed under this section and not paid in whole or in part before the coming into operation of section 265 of the Policing, Security and Community Safety Act 2024.”,

• (b) by the substitution of the following section for section 318:

“Payments to Inland Fisheries Ireland in respect of proceeds of certain forfeitures

318. (1) Where—

• (a) anything is forfeited under—

  • (i) section 302,

  • (ii) any other section of this Act, other than a section in Part XV or XVI, or

  • (iii) any bye-law made under section 57 of the Inland Fisheries Act 2010,

  and

• (b) such thing is sold by direction of the Minister under section 317,

there shall be paid to Inland Fisheries Ireland a sum equal to the said net proceeds of such sale.

• (2) All moneys payable under subsection (1) shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he or she thinks fit.”,

and

• (c) in section 319(1), by the substitution of the following paragraph for paragraph (c):

• “(c) where the said net proceeds are to be dealt with in accordance with paragraph (a), such proceeds shall be paid to Inland Fisheries Ireland.”.

266. Amendment of Coroners Act 1962

266. The Coroners Act 1962 is amended—

• (a) in section 2—

• (i) by the deletion of the following definitions:

• (I) “designated officer of the Ombudsman Commission”;

• (II) “Ombudsman Commission”;

• (III) “relevant Ombudsman Commission investigation”,

and

• (ii) by the insertion of the following definitions:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;

‘designated officer of the Police Ombudsman’ means a designated officer within the meaning of the Act of 2024;

‘relevant Police Ombudsman investigation’ means an investigation of a complaint or matter by the Police Ombudsman under Part 6 of the Act of 2024 concerning the death of the person in relation to whose death a coroner is performing functions under this Act;

‘senior designated officer of the Police Ombudsman’ means a senior designated officer within the meaning of the Act of 2024;”,

• (b) in section 20(1), by the substitution of “senior designated officer of the Police Ombudsman where there is a relevant Police Ombudsman investigation” for “designated officer of the Ombudsman Commission where there is a relevant Ombudsman Commission investigation”,

• (c) in section 25—

• (i) in subsection (1)—

• (I) by the substitution of the following paragraph for paragraph (c):

• “(c) a senior designated officer of the Police Ombudsman in a case where there is a relevant Police Ombudsman investigation,”,

and

• (II) in paragraph (ii), by the substitution of “senior designated officer of the Police Ombudsman” for “designated officer of the Ombudsman Commission”,

and

• (ii) in subsection (2), by the substitution of the following paragraph for paragraph (c):

• “(c) a senior designated officer of the Police Ombudsman in a case where there is a relevant Police Ombudsman investigation,”,

• (d) in section 27(1), by the substitution of “senior designated officer of the Police Ombudsman where there is a relevant Police Ombudsman investigation” for “designated officer of the Ombudsman Commission where there is a relevant Ombudsman Commission investigation”,

• (e) in section 29—

• (i) in subsection (3), by the substitution of the following paragraph for paragraph (e):

• “(e) the Police Ombudsman, or”,

and

• (ii) in subsection (4), by the substitution of the following paragraph for paragraph (e):

• “(e) the Police Ombudsman, or”,

• (f) in section 33A(2), by the substitution of the following paragraph for paragraph (d):

• “(d) a senior designated officer of the Police Ombudsman in a case in which there is a relevant Police Ombudsman investigation,”,

• (g) in section 33E(3), by the substitution of the following paragraph for paragraph (d):

• “(d) a senior designated officer of the Police Ombudsman,”,

• (h) in section 36—

• (i) by the substitution of “relevant Police Ombudsman investigation” for “relevant Ombudsman Commission investigation”, and

• (ii) by the substitution of “designated officer of the Police Ombudsman” for “designated officer of the Ombudsman Commission”,

• (i) in section 40(3), by the substitution of “senior designated officer of the Police Ombudsman” for “designated officer of the Ombudsman Commission”,

• (j) in section 43—

• (i) by the substitution of “relevant Police Ombudsman investigation” for “relevant Ombudsman Commission investigation”, and

• (ii) by the substitution of “a designated officer of the Police Ombudsman” for “a designated officer of the Ombudsman Commission”,

• (k) in section 47(1A)—

• (i) by the substitution of “a relevant Police Ombudsman investigation and a coroner is informed by a senior designated officer of the Police Ombudsman” for “a relevant Ombudsman Commission investigation and a coroner is informed by a designated officer of the Ombudsman Commission”, and

• (ii) by the substitution of “body by the Police Ombudsman” for “body by the Ombudsman Commission”,

and

• (l) in section 49A—

• (i) in subsection (3), by the substitution of “designated officers of the Police Ombudsman where there is a relevant Police Ombudsman investigation” for “designated officers of the Ombudsman Commission where there is a relevant Ombudsman Commission investigation”, and

• (ii) in subsection (5), by the substitution of “designated officer of the Police Ombudsman” for “designated officer of the Ombudsman Commission”.

267. Amendment of Second Schedule to Ombudsman Act 1980

267. The Second Schedule to the Ombudsman Act 1980 is amended—

• (a) by the deletion of paragraph 42,

• (b) by the substitution of the following paragraph for paragraph 44:

“44. Fiosrú - Oifig an Ombudsman Póilíneachta”,

and

• (c) by the insertion of the following paragraphs after paragraph 110:

“111. An tÚdarás Póilíneachta agus Sábháilteachta Pobail

1. oifig an Scrúdaitheora Neamhspleáchum Reachtaíocht Slándála”.

268. Amendment of section 98 of Postal and Telecommunications Services Act 1983

268. Section 98 of the Postal and Telecommunications Services Act 1983 is amended—

• (a) by the insertion of the following subsection after subsection (2D):

• “(2E) A request by a designated officer of the Police Ombudsman to a person employed by the company to make a disclosure in accordance with the provisions of subsection (2A) shall be in writing and be signed by a senior designated officer of the Police Ombudsman authorised by the Police Ombudsman for the purposes of this section.”,

and

• (b) by the insertion of the following subsection after subsection (6):

• “(7) In this section—

‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;

‘designated officer of the Police Ombudsman’ means a designated officer within the meaning of the Act of 2024;

‘senior designated officer of the Police Ombudsman’ means a senior designated officer within the meaning of the Act of 2024.”.

269. Amendment of Criminal Justice Act 1984

269. The Criminal Justice Act 1984 is amended—

• (a) by the substitution of the following section for section 8E:

“Application of certain sections to Police Ombudsman

8E. The references in sections 8A, 8B, 8D and 8H to the Commissioner shall, for the purposes of the application of those sections to the Police Ombudsman, be construed as references to the Police Ombudsman.”,

and

• (b) in section 8F(1), by the substitution of the following paragraph for paragraph (b):

• “(b) members of garda staff (within the meaning of the Policing, Security and Community Safety Act 2024) by grade, position, name or otherwise.”.

270. Amendment of Schedule to National Archives Act 1986

270. The Schedule to the National Archives Act 1986 is amended by the insertion of the following:

“Fiosrú - Oifig an Ombudsman Póilíneachta

An Oifig Náisiúnta um Shábháilteacht Pobail

Independent Examiner of Security Legislation

An tÚdarás Póilíneachta agus Sábháilteachta Pobail”.

271. Amendment of Industrial Relations Act 1990

271. The Industrial Relations Act 1990 is amended—

• (a) in section 3(1)—

• (i) by the deletion of the definition of “Act of 2005”,

• (ii) in the definition of “Garda Commissioner”, by the substitution of “Act of 2024” for “Act of 2005”,

• (iii) in the definition of “Garda Síochána”, by the substitution of “section 8(1) of the Act of 2024” for “section 6 of the Act of 2005”,

• (iv) in the definition of “member”, by the substitution of “Act of 2024” for “Act of 2005” in each place where it occurs, and

• (v) by the insertion of the following definition:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;”,

and

• (b) in section 23—

• (i) in subsection (1B)(c), by the substitution of “section 59 of the Act of 2024” for “section 18 of the Act of 2005”, and

• (ii) in subsection (1C)(a), by the substitution of “section 59(3) of the Act of 2024” for “section 18(3) of the Act of 2005”.

272. Amendment of Second Schedule to Electoral Act 1992

272. The Second Schedule to the Electoral Act 1992 is amended—

• (a) in Part V, in Rule 29—

• (i) in paragraph (5)(a), by the substitution of “a member of garda staff” for “a member of the civilian staff of the Garda Síochána”, and

• (ii) by the substitution of the following paragraph for paragraph (9):

• “(9) In paragraph (5), ‘member of garda staff’ has the same meaning as it has in the Policing, Security and Community Safety Act 2024.”,

and

• (b) in Part VII, in Rule 38—

• (i) in paragraph (5)(a), by the substitution of “a member of garda staff” for “a member of the civilian staff of the Garda Síochána”, and

• (ii) by the substitution of the following paragraph for paragraph (9):

• “(9) In paragraph (5), ‘member of garda staff’ has the same meaning as it has in the Policing, Security and Community Safety Act 2024.”.

273. Amendment of section 18A of Comptroller and Auditor General (Amendment) Act 1993

273. Section 18A of the Comptroller and Auditor General (Amendment) Act 1993 is amended by the substitution of “An Garda Síochána, Fiosrú - Oifig an Ombudsman Póilíneachta and An tÚdarás Póilíneachta agus Sábháilteachta Pobail” for “the Garda Síochána and the Policing Authority”.

274. Amendment of Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

274. (1) The Act of 1993 is amended—

• (a) in section 1—

• (i) by the deletion of the following definitions:

• (I) “the chairperson of the Garda Síochána Ombudsman Commission”;

• (II) “the designated judge”,

and

• (ii) by the insertion of the following definitions:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;

‘Independent Examiner’ has the same meaning as it has in the Act of 2024;”,

• (b) in section 2(7), by the substitution of “Independent Examiner” for “designated judge”,

• (c) in section 4(a)—

• (i) in subparagraph (i)(I), by the substitution of “Police Ombudsman” for “Garda Síochána Ombudsman Commission”, and

• (ii) in subparagraph (ii)(I)(B), by the substitution of “Police Ombudsman” for “Garda Síochána Ombudsman Commission”,

• (d) in section 6(1)(a)(i)(II), by the substitution of “Police Ombudsman” for “chairperson of the Garda Síochána Ombudsman Commission”,

• (e) in section 7, by the substitution of “Police Ombudsman” for “chairperson of the Garda Síochána Ombudsman Commission”,

• (f) by the substitution of the following section for section 8:

“Duties of Independent Examiner in relation to Act

8. (1) The Independent Examiner shall undertake the duties specified in this section.

• (2) The Independent Examiner shall have the duty of ascertaining whether the provisions of this Act are being complied with.

• (3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner—

  • (a) shall have the power to investigate any case in which an authorisation has been given, and

  • (b) without prejudice to section 242 of the Act of 2024, shall have access to and may inspect any official documents relating to an authorisation or the application therefor.

• (4) The Independent Examiner may, if he or she thinks it desirable to do so, communicate with the Taoiseach or the Minister on any matter concerning interceptions.

• (5) Without prejudice to section 242 of the Act of 2024, every person who was concerned in, or has information relevant to, the making of the application for, or the giving of, an authorisation, or was otherwise concerned with the operation of any provision of this Act relating to the application or authorisation, shall give the Independent Examiner, on request by him or her, such information as is in his or her possession relating to the application or authorisation.

• (6) If the Independent Examiner informs the Minister that he or she considers that a particular authorisation that is in force should not have been given or (because of circumstances arising after it had been given) should be cancelled or that the period for which it was in force should not have been extended or further extended, the Minister shall, as soon as may be, inform the Minister for Environment, Climate and Communications and shall then cancel the authorisation.

• (7) Nothing in this section shall affect the functions of the Data Protection Commissioner under section 10 of the Data Protection Act 1988 and Part 6 of the Data Protection Act 2018.”,

• (g) in section 9, by the substitution of “Independent Examiner” for “designated judge” in each place where it occurs, and

• (h) in section 10—

• (i) in subsection (2)(d)(i), by the substitution of “or any designated officer (within the meaning of the Act of 2024)” for “or any person engaged by the Garda Síochána Ombudsman Commission under section 74 of the Garda Síochána Act 2005 who is designated by it under section 73 of that Act to perform functions under any provisions of Part 4 of that Act”, and

• (ii) in subsection (3), by the substitution of “Independent Examiner” for “designated judge”.

• (2) For a period of 3 months from the date of the coming into operation of this section, the Act of 1993 shall, for the purpose specified in subsection (3), continue to apply as if section 8 of that Act had not been amended by subsection (1)(f).

• (3) The purpose referred to in subsection (2) is to permit the designated judge to undertake the duties specified in section 8 of the Act of 1993, insofar as those duties apply to the operation of that Act, and compliance with its provisions, prior to the coming into operation of this section.

• (4) Without prejudice to subsection (2) and notwithstanding the coming into operation of subsection (1)(f)—

• (a) subsection (6) of section 8 of the Act of 1993 shall continue to apply for the purpose of permitting the Minister to undertake the duties specified on him or her under subsection (6) of section 8 of the Act of 1993, and

• (b) subsections (7) and (8) of section 8 of the Act of 1993 shall continue to apply to a report prepared pursuant to subsection (3),

as if those subsections had not been amended by subsection (1)(f).

• (5) In this section—

“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;

“designated judge” means the person standing designated for the purposes of the Act of 1993 under section 8 of that Act at the time of the coming into operation of this section.

275. Amendment of Schedule 13 to Taxes Consolidation Act 1997

275. Schedule 13 to the Taxes Consolidation Act 1997 is amended—

• (a) by the substitution of the following paragraph for paragraph 191:

“191. Fiosrú - Oifig an Ombudsman Póilíneachta.”,

and

• (b) by the substitution of the following paragraph for paragraph 201:

“201. An tÚdarás Póilíneachta agus Sábháilteachta Pobail”.

276. Amendment of section 257C of Children Act 2001

276. Section 257C(5) of the Children Act 2001 is amended by the substitution of “area-based neighbourhood community safety forum (within the meaning of Part 3 of the Policing, Security and Community Safety Act 2024)” for “local policing forum (within the meaning of the Garda Síochána Act 2005)”.

277. Amendment of section 4 of Public Service Superannuation (Miscellaneous Provisions) Act 2004

277. Section 4(4) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 is amended by the substitution of “Policing, Security and Community Safety Act 2024” for “Garda Síochána Act 2005”.

278. Amendment of section 46 of Disability Act 2005

278. Section 46(3) of the Disability Act 2005 is amended by the substitution of “members of An Garda Síochána within the meaning of the Policing, Security and Community Safety Act 2024” for “members, within the meaning of section 3(1) of the Garda Síochána Act 2005, of the Garda Síochána”.

279. Amendment of section 38 of Act of 2005

279. Section 38 of the Act of 2005 is amended by the insertion of the following subsections after subsection (14):

• “(15) On and from the establishment day of the Authority (within the meaning of Part 4 of the Policing, Security and Community Safety Act 2024), a reference in this section to the Authority shall be construed as a reference to the Authority (within the meaning of the Policing, Security and Community Safety Act 2024).

• (16) On and from the repeal of section 3(1) by section 5 of the Policing, Security and Community Safety Act 2024, the definitions of ‘Garda Commissioner’, ‘local authority’, ‘member’ in relation to the Garda Síochána and ‘Minister’ in that section 3(1) shall, for the purposes of this section, continue to apply as if that section 3(1) had not been repealed.

• (17) On and from the repeal of section 34 by section 5 of the Policing, Security and Community Safety Act 2024, the definition of ‘administrative area’ in that section 34 shall, for the purposes of this section, continue to apply as if that section 34 had not been repealed.

• (18) On and from the repeal of section 36 by section 5 of the Policing, Security and Community Safety Act 2024, a reference in this section to a joint policing committee shall be construed as a reference to a safety partnership (within the meaning of Part 3 of the Policing, Security and Community Safety Act 2024).

• (19) Where, after the repeal of section 36 by section 5 of the Policing, Security and Community Safety Act 2024, a joint policing committee has not been dissolved pursuant to regulations made under section 114(1) of that Act of 2024, a reference in this section in respect of an administrative area shall, for so long as the joint policing committee has not been dissolved, be construed as including a reference to that joint policing committee in respect of the administrative area concerned.

• (20) Where, immediately before the repeal of section 36 by section 5 of the Policing, Security and Community Safety Act 2024, a consultation by a local authority in accordance with subsection (3)(c) is ongoing and one or more steps in the consultation was taken in accordance with that subsection before that repeal, other steps in the consultation may be taken on or after that repeal in accordance with this section as amended by section 279 of the Policing, Security and Community Safety Act 2024.”.

280. Amendment of section 95A of Criminal Justice (Mutual Assistance) Act 2008

280. Section 95A of the Criminal Justice (Mutual Assistance) Act 2008 is amended—

• (a) in subsection (2), by the substitution of the following paragraph for paragraph (i):

• “(i) Fiosrú - Oifig an Ombudsman Póilíneachta, in respect of the case management system of the Police Ombudsman;”,

and

• (b) in subsection (3), by the substitution of “Section 39 of the Policing, Security and Community Safety Act 2024” for “Section 31 of the Garda Síochána Act 2005”.

281. Amendment of Criminal Justice (Surveillance) Act 2009

281. (1) The Act of 2009 is amended—

• (a) in section 1—

• (i) by the deletion of the following definitions:

• (I) “chairperson”;

• (II) “designated officer of the Ombudsman Commission”;

• (III) “member of the Ombudsman Commission”;

• (IV) “Ombudsman Commission”,

• (ii) in the definition of “member of the Garda Síochána”, by the substitution of “means a member of An Garda Síochána within the meaning of the Act of 2024, other than a member of the rank of reserve garda” for “means a member of the Garda Síochána within the meaning of section 3 of the Act of 2005, other than a person referred to in paragraph (b) of that definition”,

• (iii) in the definition of “relevant Minister”, in paragraph (a)(ii), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

• (iv) in the definition of “superior officer”, by the substitution of the following paragraph for paragraph (aa):

• “(aa) in the case of the Police Ombudsman, a senior designated officer of the Police Ombudsman;”,

and

• (v) by the insertion of the following definitions:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;

‘designated officer of the Police Ombudsman’ means a designated officer within the meaning of the Act of 2024;

‘Independent Examiner’ has the same meaning as it has in the Act of 2024;

‘senior designated officer of the Police Ombudsman’ means a senior designated officer within the meaning of the Act of 2024;”,

• (b) in section 2, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,

• (c) in section 3, by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

• (d) in section 4(1A), by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,

• (e) in section 5(7), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

• (f) in section 7—

• (i) in subsection (1), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

• (ii) in subsection (7)(c), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, and

• (iii) in subsection (12), by the substitution of the following paragraph for paragraph (aa):

• “(aa) in the case of a designated officer of the Police Ombudsman, the Police Ombudsman,”,

• (g) in section 8—

• (i) in subsection (1), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,

• (ii) in subsection (7)(c), by the substitution of “Police Ombudsman” for “Ombudsman Commission”, and

• (iii) in subsection (10), by the substitution of the following paragraph for paragraph (aa):

• “(aa) in the case of a designated officer of the Police Ombudsman, the Police Ombudsman,”,

• (h) in section 11—

• (i) in subsection (5)—

• (I) by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs, and

• (II) in paragraph (d), by the substitution of “Independent Examiner” for “judge designated under section 12”,

• (ii) in subsection (10), by the substitution of “a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, a place under the control of the Police Ombudsman” for “a Garda Síochána station within the meaning of section 99(10) of the Garda Síochána Act 2005, a place under the control of the Ombudsman Commission”, and

• (iii) in subsection (11)(b), by the substitution of “Independent Examiner under section 12(4)” for “designated judge under section 12(8)”,

• (i) by the substitution of the following section for section 12: