POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

Type Act
Publication 2024-02-07
Last updated 2024-03-06
State In force superseded text
Text As published
PDF Download
articles 315

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2024-03-06, LOCAL GOVERNMENT (MAYOR OF LIMERICK) AND MISCELLANEOUS PROVISIONS ACT 2024

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

Reform history JSON API

“Duties of Independent Examiner in relation to Act

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

  • (2) The Independent Examiner shall ascertain whether An Garda Síochána, the Police Ombudsman, the Defence Forces, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with this Act.

  • (3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner may investigate any case in which an authorisation is issued under section 5 or renewed or varied under section 6 or an approval is granted under section 7 or 8.

  • (4) Without prejudice to section 242 of the Act of 2024, a person in charge 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, the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission or any other place in which documents relevant to the performance of the functions of the Independent Examiner are kept shall ensure that the Independent Examiner has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Independent Examiner may request.

  • (5) Where the Independent Examiner investigates a case under subsection (3) and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under section 11(11).”,

  • (j) in section 13(4)—
  • (i) in the definition of “authorised person”—
  • (I) in paragraph (a), by the substitution of “section 80(4)(a) of the Act of 2024” for “section 62(4)(a) of the Garda Síochána Act 2005”, and
  • (II) in paragraph (d)(i), by the substitution of “Police Ombudsman” for “chairperson of the Ombudsman Commission”,

and

  • (ii) in the definition of “relevant person”—
  • (I) in paragraph (a), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (II) by the substitution of the following paragraph for paragraph (b):
  • “(b) a member of the Garda Síochána who holds the rank of reserve garda,”,
  • (III) by the substitution of the following paragraph for paragraph (ba):
  • “(ba) an officer of the Police Ombudsman other than a designated officer of the Police Ombudsman,”,
  • (IV) by the substitution of the following paragraph for paragraph (d):
  • “(d) a member of garda staff (within the meaning of the Act of 2024) or a member of the civilian staff of the Defence Forces, or”,

and

  • (V) in paragraph (e), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (k) in section 14, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs, and
  • (l) in section 15(2)(c), by the substitution of “Police Ombudsman” for “Ombudsman Commission”.
  • (2) For a period of 3 months from the date of the coming into operation of this section, the Act of 2009 shall, for the purpose specified in subsection (3), continue to apply as if section 12 of that Act had not been amended by subsection (1) (i).
  • (3) The purpose referred to in subsection (2) is to permit the judge, designated under section 12 of the Act of 2009, to perform the functions specified in that section, insofar as those functions relate to the operation of sections 4 to 8 of that Act, prior to the coming into operation of this section.
  • (4) Without prejudice to subsection (2) and notwithstanding the coming into operation of subsection (1)(i), subsections (6) and (7) of section 12 of the Act of 2009 shall continue to apply to a report prepared pursuant to subsection (3), as if that subsection had not been amended by subsection (1)(i).
  • (5) In this section, “Act of 2009” means the Criminal Justice (Surveillance) Act 2009.

282. Amendment of section 35 of Housing (Miscellaneous Provisions) Act 2009

282. Section 35 of the Housing (Miscellaneous Provisions) Act 2009 is amended—

  • (a) in subsection (5), by the substitution of the following paragraph for paragraph (a):
  • “(a) any local community safety partnership established under regulations made under section 114(1) of the Policing, Security and Community Safety Act 2024 in respect of its administrative area,”,

and

  • (b) by the insertion of the following subsections after subsection (7):
  • “(8) Where, immediately before the coming into operation of section 282 of the Policing, Security and Community Safety Act 2024, a consultation by a housing authority in accordance with subsection (5)(a) is ongoing and one or more steps in the consultation was taken in accordance with that subsection before that coming into operation, other steps in the consultation may be taken on or after that coming into operation in accordance with that subsection as amended by that section.

  • (9) Where, after the repeal of section 36 of the Garda Síochána Act 2005 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 second-mentioned Act, a reference in subsection (5)(a) to a local community safety partnership 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.”.

283. Amendment of section 40A of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

283. Section 40A(2) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 is amended by the substitution of “members of garda staff (within the meaning of the Policing, Security and Community Safety Act 2024)” for “members of the civilian staff of the Garda Síochána”.

284. Amendment of section 81 of Road Traffic Act 2010

284. Section 81 of the Road Traffic Act 2010 is amended—

  • (a) in subsection (8), by the substitution of “A member of garda staff” for “A member of the civilian staff of An Garda Síochána”, and
  • (b) in subsection (9)—
  • (i) by the deletion of the definition of “member of the civilian staff of the Garda Síochána”,
  • (ii) by the substitution of the following for the definition of “member of the Garda Síochána”:

“ ‘member of An Garda Síochána’, other than in subsections (4) and (7), includes a member of garda staff;”,

and

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

“ ‘member of garda staff’ shall be construed in accordance with the Policing, Security and Community Safety Act 2024;”.

285. Amendment of Communications (Retention of Data) Act 2011

285. (1) The Act of 2011 is amended—

  • (a) in section 1(1), by the deletion of the definition of “designated judge”,
  • (b) in section 6E—
  • (i) by the substitution of the following subsection for subsection (2):
  • “(2) A superior officer to whom an application under subsection (1) is made shall issue an authorisation under this section only if satisfied that—

    • (a) paragraph (a) or (b) of the subsection applies in respect of the cell site location data concerned,

    • (b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made, taking into account the impact of the disclosure of the cell site location data concerned pursuant to the authorisation on the fundamental rights of individuals, and

    • (c) the circumstances of urgency giving rise to the application would render it impracticable to seek to achieve the objective specified in paragraph (a) or (b) of subsection (1), as the case may be, under any other provision of this Act.”,

  • (ii) in subsection (3), by the substitution of “that section, subject to the modification that a reference in those subsections to a superior officer shall be construed as a reference to a superior officer within the meaning of this section.” for “that section.”,
  • (iii) by the insertion of the following subsection after subsection (3):
  • “(3A) An application for an authorisation under this section shall not be made to a superior officer who has had any involvement in an action taken by the Garda Síochána in response to the circumstances that occasioned the making of the application and, accordingly, such a superior officer shall not consider such an application or issue an authorisation upon such an application.”,

and

  • (iv) by the insertion of the following subsection after subsection (5):
  • “(6) In this section, notwithstanding the definition of ‘superior officer’ in section 1(1), ‘superior officer’ means a member of the Garda Síochána not below the rank of inspector.”,

and

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

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

  • (2) The Independent Examiner shall ascertain whether An Garda Síochána, the Permanent Defence Force, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with this Act.

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

    • (a) has the power to examine any case in which a disclosure request is made, and

    • (b) may access and inspect any official documents or records relating to the request.

  • (4) Without prejudice to section 242 of the Act of 2024, any person who was concerned in, or has information relevant to, the preparation or making of a disclosure request shall give the Independent Examiner, on his or her request, such information relating to the disclosure request as is in the person’s possession.

  • (5) The Independent Examiner may, if he or she considers it desirable to do so, communicate with the Taoiseach or the Minister concerning disclosure requests and with the Data Protection Commissioner in connection with the functions of the Data Protection Commissioner under the Data Protection Regulation and the Data Protection Acts 1988 to 2018.

  • (6) Nothing in this section shall affect the functions of the Data Protection Commissioner under the Data Protection Acts 1988 to 2018.

  • (7) In this section—

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

‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20162 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

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

  • (2) For a period of 3 months from the date of the coming into operation of this section, the Act of 2011 shall, for the purpose specified in subsection (3), continue to apply as if section 12 of that Act had not been amended by subsection (1)(c).
  • (3) The purpose referred to in subsection (2) is to permit the designated judge (within the meaning of the Act of 2011) to undertake the duties specified in section 12 of the Act of 2011, 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) In this section, “Act of 2011” means the Communications (Retention of Data) Act 2011.

286. Amendment of section 26 of Welfare of Greyhounds Act 2011

286. Section 26(3)(d) of the Welfare of Greyhounds Act 2011 is amended by the substitution of “section 10 of the Policing, Security and Community Safety Act 2024” for “section 8 of the Garda Síochána Act 2005”.

287. Amendment of section 6 of Europol Act 2012

287. Section 6(4) of the Europol Act 2012 is amended by the substitution of “under section 50 of the Policing, Security and Community Safety Act 2024” for “under section 14 of the Garda Síochána Act 2005”.

288. Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012

288. The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended—

  • (a) in section 7(2), by the substitution of “section 9 of the Policing, Security and Community Safety Act 2024” for “section 7 of the Garda Síochána Act 2005”, and
  • (b) in Schedule 2—
  • (i) by the deletion of “12. The Garda Síochána Ombudsman Commission.”, and
  • (ii) by the insertion of the following paragraph after paragraph 12:

“13. Fiosrú - Oifig an Ombudsman Póilíneachta.”.

289. Amendment of section 55 of Animal Health and Welfare Act 2013

289. Section 55(1)(c) of the Animal Health and Welfare Act 2013 is amended by the substitution of “section 10 of the Policing, Security and Community Safety Act 2024” for “section 8 of the Garda Síochána Act 2005”.

290. Amendment of section 9 of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

290. Section 9(6)(i) of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 is amended by the substitution of “section 174(9) of the Policing, Security and Community Safety Act 2024” for “section 68(2) of the Garda Síochána Act 2005”.

291. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

291. The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended—

  • (a) in section 2(1)—
  • (i) by the deletion of the definition of “Ombudsman Commission”, and
  • (ii) by the insertion of the following definition:

“ ‘member of garda staff’, other than in section 42(2), shall be construed in accordance with the Policing, Security and Community Safety Act 2024;”,

  • (b) in section 40, by the substitution of the following for the definition of “member of the Garda Síochána”:

“ ‘member of An Garda Síochána’ has the same meaning as it has in the Policing, Security and Community Safety Act 2024.”,

  • (c) in section 41(2)—
  • (i) in paragraph (b), by the substitution of “applies;” for “applies.”, and
  • (ii) by the insertion of the following paragraph after paragraph (b):
  • “(c) a person who is admitted in accordance with the Policing, Security and Community Safety Act 2024 to training for membership (including as a member of the rank of reserve garda) of An Garda Síochána.”,
  • (d) in section 42—
  • (i) in subsection (2)—
  • (I) by the substitution of the following paragraph for paragraph (b):
  • “(b) a person who is admitted in accordance with the Policing, Security and Community Safety Act 2024 to training for membership (including as a member of the rank of reserve garda) of An Garda Síochána;”,

and

  • (II) by the substitution of the following paragraph for paragraph (c):
  • “(c) a member of garda staff who—

  • (i) is appointed under section 54(1) or (2) of the Policing, Security and Community Safety Act 2024 as such a member of staff,

  • (ii) is designated by order of the Minister under section 54(5) of that Act, and who was appointed as such a member of staff after the commencement of this section, or

  • (iii) immediately prior to the coming into operation of an order by the Minister under section 54(5) of the Policing, Security and Community Safety Act 2024, was a member of the civilian staff of An Garda Síochána who was appointed as such a member after the commencement of this section.”,

and

  • (ii) in subsection (3)—
  • (I) in paragraph (a), by the substitution of “An Garda Síochána” for “the Garda Síochána”, and
  • (II) in paragraph (c), by the substitution of “garda staff” for “the civilian staff”,
  • (e) in section 44(2)(b), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (f) in section 45(2)—
  • (i) by the insertion of the following paragraph after paragraph (b):
  • “(ba) a person who is in accordance with the Policing, Security and Community Safety Act 2024 admitted to training for membership (including as a member of the rank of reserve garda) of An Garda Síochána;”,

and

  • (ii) by the substitution of the following paragraph for paragraph (c):
  • “(c) a member of garda staff.”,
  • (g) in section 67(2)(d), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (h) in section 72(2)(d), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (i) in section 73, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,
  • (j) by the substitution of the following section for section 99:

“Application of Part to Police Ombudsman

99. The references in this Part to the Commissioner shall, for the purposes of the application of this Part to the Police Ombudsman, be construed as references to the Police Ombudsman.”,

  • (k) in section 121(1)(b), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”,
  • (l) in section 126(2), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”,
  • (m) in section 146, by the substitution of “section 93 of the Policing, Security and Community Safety Act 2024” for “section 28 of the Garda Síochána Act 2005”,
  • (n) in section 152(1)(b), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”,
  • (o) in section 156(3)(d), by the substitution of “the Police Ombudsman, the records of the Police Ombudsman” for “the Ombudsman Commission, the records of the Ombudsman Commission”,
  • (p) in section 157, by the insertion of the following subsection after subsection (2):
  • “(2A) Where, immediately before the coming into operation of section 170 of the Policing, Security and Community Safety Act 2024, a code of practice prepared under subsection (2) has been approved under this section, the code of practice shall be deemed to have been prepared by the Police Ombudsman.”,
  • (q) in section 158, by the insertion of the following subsection after subsection (1):
  • “(1A) Where, immediately before the coming into operation of section 170 of the Policing, Security and Community Safety Act 2024, arrangements, by written protocols, have been made concerning the matters referred to in subsection (1), the arrangements shall be deemed to have been made by the Director of FSI, the Commissioner and the Police Ombudsman.”,

and

  • (r) in section 159(1)(m), by the substitution of “Police Ombudsman” for “Ombudsman Commission”.

292. Amendment of Freedom of Information Act 2014

292. The Freedom of Information Act 2014 is amended—

  • (a) in section 2(1), in the definition of “head of an FOI body”, by the substitution of the following paragraph for paragraph (o):
  • “(o) in relation to Fiosrú - Oifig an Ombudsman Póilíneachta, the Police Ombudsman, and”,
  • (b) in section 42—
  • (i) in paragraph (d), by the insertion of “prior to the repeal of that section by section 5 of the Policing, Security and Community Safety Act 2024” after “Garda Síochána Act 2005”, and
  • (ii) by the insertion of the following paragraphs after paragraph (d):
  • “(da) a record relating to an inquiry within the meaning of Chapter 8 of Part 2 of the Policing, Security and Community Safety Act 2024, whether the record concerned is held by—

    • (i) an appointed person (within the meaning of that Chapter), or

    • (ii) on the dissolution of the inquiry, any other body having custody of such a record,

    other than—

    - (I) a record relating to the appointment of an appointed person (within the meaning of that Chapter), or
    
    - (II) a record relating to the expenses or other matters concerning the general administration of an inquiry under that Chapter,
    
  • (db) a record held or created by the Independent Examiner of Security Legislation,”,

  • (c) in section 45, by the substitution of the following subsection for subsection (10):
  • “(10) Subsection (2) shall not apply to—

    • (a) information, documents or things, or classes thereof prescribed by regulations under paragraph (a) of section 260 of the Policing, Security and Community Safety Act 2024, or

    • (b) Garda Síochána premises prescribed by regulations under paragraph (b) of that section,

    except to the extent specified in a direction of the Minister for Justice.”,

and

  • (d) in Schedule 1, in Part 1—
  • (i) in paragraph (m), by the substitution of “Police Ombudsman” for “Garda Síochána Ombudsman Commission”,
  • (ii) in paragraph (n), by the substitution of “or procurement matters, or records transferred to the Garda Síochána under section 159(2) of the Policing, Security and Community Safety Act 2024” for “or procurement matters”,
  • (iii) by the substitution of the following paragraph for paragraph (o):
  • “(o) An tÚdarás Póilíneachta agus Sábháilteachta Pobail, insofar as it relates to records concerning an inspection (within the meaning of Part 4 of the Policing, Security and Community Safety Act 2024);”,
  • (iv) by the substitution of the following paragraph for paragraph (y):
  • “(y) the Police Ombudsman, insofar as it relates to records concerning an investigation carried out by the Police Ombudsman under Part 6 of the Policing, Security and Community Safety Act 2024;”,
  • (v) in paragraph (an), by the substitution of “functions;” for “functions.”, and
  • (vi) by the insertion of the following paragraphs after paragraph (an):
  • “(ao) Bord an Gharda Síochána, other than insofar as it relates to administrative records relating to human resources, finance or procurement matters;

  • (ap) the Independent Examiner of Security Legislation in the performance of his or her functions under the Policing, Security and Community Safety Act 2024 or any other enactment, other than insofar as it relates to records concerning the general administration of those functions.”.

293. Amendment of Schedule 2 to Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

293. Schedule 2 to the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 is amended—

  • (a) in paragraph 1—
  • (i) by the substitution of the following subparagraph for subparagraph (d):
  • “(d) Fiosrú - Oifig an Ombudsman Póilíneachta,”,
  • (ii) by the deletion of subparagraph (e),
  • (iii) in subparagraph (o), by the substitution of “Agency,” for “Agency.”, and
  • (iv) by the insertion of the following subparagraphs after subparagraph (o):
  • “(p) An tÚdarás Póilíneachta agus Sábháilteachta Pobail,

  • (q) oifig an Scrúdaitheora Neamhspleáchum Reachtaíocht Slándála.”,

and

  • (b) in paragraph 3, by the substitution of the following paragraph for paragraph (b):
  • “(b) a member of An Garda Síochána who holds the rank of reserve garda.”.

294. Amendment of section 7 of Criminal Justice (Offences Relating to Information Systems) Act 2017

294. Section 7(9) of the Criminal Justice (Offences Relating to Information Systems) Act 2017 is amended by the substitution of the following for the definition of “member”:

“ ‘member’ means a member of An Garda Síochána within the meaning of the Policing, Security and Community Safety Act 2024 other than a member who holds the rank of reserve garda.”.

295. Amendment of Schedule 1 to National Shared Services Office Act 2017

295. Schedule 1 to the National Shared Services Office Act 2017 is amended by the substitution of the following paragraph for paragraph 7:

“7. Fiosrú - Oifig an Ombudsman Póilíneachta.”.

296. Amendment of Criminal Justice (Victims of Crime) Act 2017

296. The Criminal Justice (Victims of Crime) Act 2017 is amended—

  • (a) in section 2(1)—
  • (i) by the deletion of the following definitions:
  • (I) “Act of 2005”;
  • (II) “officer of the Ombudsman Commission”;
  • (III) “Ombudsman Commission”,
  • (ii) in the definition of “complaint”, by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (iii) in the definition of “family member”, in paragraph (g)(ii), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (iv) in the definition of “member of the Garda Síochána”, by the substitution of “the Act of 2024” for “section 3 of the Act of 2005”, and
  • (v) by the insertion of the following definitions:

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

‘officer of the Police Ombudsman’ means—

  • (a) an officer of the Police Ombudsman within the meaning of the Act of 2024, or

  • (b) a person who is engaged by the Police Ombudsman pursuant to an arrangement under section 181 of that Act;”,

  • (b) in section 3, by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (c) in section 7, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (d) in section 8, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (e) in section 11, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (f) in section 12, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (g) in section 14, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (h) in section 15, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (i) in section 16, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (j) in section 17, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,
  • (k) in section 18, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,
  • (l) in section 19(1), by the substitution of “Police Ombudsman” for “Ombudsman Commission”,
  • (m) in section 22, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (n) in section 23, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs,
  • (o) in section 24, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in each place where it occurs,
  • (p) in section 25, by the substitution of “Police Ombudsman” for “Ombudsman Commission”, and
  • (q) in section 36, by the substitution of “Police Ombudsman” for “Ombudsman Commission” in both places where it occurs.

297. Amendment of Criminal Justice (Corruption Offences) Act 2018

297. The Criminal Justice (Corruption Offences) Act 2018 is amended—

  • (a) in section 17(9), in the definition of “relevant Irish official”—
  • (i) by the substitution of the following paragraph for paragraph (g):
  • “(g) the Police Ombudsman and the Deputy Police Ombudsman,”,

and

  • (ii) by the substitution of the following paragraph for paragraph (h):
  • “(h) a member of An tÚdarás Póilíneachta agus Sábháilteachta Pobail,”,

and

  • (b) in Schedule 1, in paragraph 1—
  • (i) by the deletion of subparagraph (m),
  • (ii) by the substitution of the following subparagraph for subparagraph (n):
  • “(n) Fiosrú - Oifig an Ombudsman Póilíneachta;”,

and

  • (iii) by the substitution of the following subparagraph for subparagraph (o):
  • “(o) An tÚdarás Póilíneachta agus Sábháilteachta Pobail;”.

298. Amendment of section 3 of Criminal Justice (International Co-operation) Act 2019

298. Section 3(4)(c) of the Criminal Justice (International Co-operation) Act 2019 is amended by the substitution of “section 9 of the Policing, Security and Community Safety Act 2024” for “section 7 of the Act of 2005”.

299. Amendment of section 2 of Criminal Records (Exchange of Information) Act 2019

299. Section 2(2) of the Criminal Records (Exchange of Information) Act 2019 is amended 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) specified by grade, position, name or otherwise,”.

300. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022

300. The Garda Síochána (Functions and Operational Areas) Act 2022 is amended—

  • (a) in section 2—
  • (i) in the definition of “Commissioner of the Garda Síochána”, by the substitution of—
  • (I) “section 26 of the Act of 2024” for “section 9 of the Act of 2005”, and
  • (II) “pursuant to subsection (1) or (4) of section 28 of that Act” for “pursuant to an authorisation under section 32 of that Act”,
  • (ii) in the definition of “Dublin Metropolitan Region”, by the substitution of “subsection (1)(c)(i) of section 33 of the Act of 2024 or is deemed under subsection (4) of that section to have been so determined” for “section 33(1) of the Act of 2005”,
  • (iii) in the definition of “Garda Síochána division”—
  • (I) in paragraph (a), by the substitution of “section 33(1)(c)(i) of the Act of 2024” for “section 33(1) of the Act of 2005”, and
  • (II) in paragraph (b), by the substitution of “section 33(1)(c)(i) of the Act of 2024” for “section 33(1) of the Act of 2005”,

and

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

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

  • (b) in section 3(3), by the substitution of “subsection (1)(c)(i) of section 33 of the Act of 2024 or is deemed under subsection (4) of that section to have made such a determination” for “section 33(1) of the Act of 2005”,
  • (c) in section 9(1), by the substitution of “made under subsection (1)(c)(i) of section 33 of the Act of 2024 or deemed under subsection (4) of that section to have been so made” for “under section 33(1) of the Act of 2005”, and
  • (d) in section 26(1), by the substitution of “subsection (1)(c)(i) of section 33 of the Act of 2024 or to which subsection (4) of that section applies” for “section 33(1) of the Act of 2005”.

301. Amendment of Garda Síochána (Compensation) Act 2022

301. The Garda Síochána (Compensation) Act 2022 is amended—

  • (a) in section 2—
  • (i) in the definition of “Garda Commissioner”, by the substitution of—
  • (I) “section 26 of the Act of 2024” for “section 9 of the Act of 2005”, and
  • (II) “pursuant to section 28 of that Act” for “pursuant to an authorisation under section 32 of that Act”,
  • (ii) by the substitution of the following definition for the definition of “member”:

“ ‘member’ means—

  • (a) a member of An Garda Síochána within the meaning of the Act of 2024, and

  • (b) a trainee within the meaning of the Act of 2024;”,

and

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

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

‘member of garda staff’ has the same meaning as it has in the Act of 2024;”,

  • (b) in section 12, by the substitution of “garda staff” for “the civilian staff of the Garda Síochána” in both places where it occurs, and
  • (c) in section 34—
  • (i) by the substitution of “section 39 of the Act of 2024” for “section 31 of the Act of 2005” in both places where it occurs,
  • (ii) without prejudice to paragraph (i), in subsection (1), by the substitution of “Act of 2024” for “Act of 2005” in both places where it occurs, and
  • (iii) in subsection (2), by the substitution of “garda staff” for “the civilian staff of the Garda Síochána”.

302. Amendment of Garda Síochána (Recording Devices) Act 2023

302. The Garda Síochána (Recording Devices) Act 2023 is amended—

  • (a) in section 2—
  • (i) in the definition of “member of Garda personnel”, in paragraph (b), by the substitution of “garda staff within the meaning of the Act of 2024” for “the civilian staff of the Garda Síochána who was appointed under, or designated by order under, section 19 of the Act of 2005”,
  • (ii) in the definition of “member of the Garda Síochána”, by the substitution of “the Act of 2024” for “section 3(1) of the Act of 2005”, and
  • (iii) by the insertion of the following definition:

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

  • (b) in section 3(3), by the substitution of “section 1(2)” for “section 2”,
  • (c) in section 6(2), by the substitution of “section 261(3) of the Act of 2024” for “section 59(3) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015”,
  • (d) in section 7, by the insertion of the following subsection after subsection (2):
  • “(3) On and from the establishment day of the Authority (within the meaning of Part 4 of the Act of 2024), a reference in section 38 of the Act of 2005 to the Authority shall, for a period of 4 years after the date of the coming into operation of this section, be construed as a reference to the Authority (within the meaning of the Act of 2024).”,
  • (e) in section 28—
  • (i) in subsection (3)(c), by the substitution of “safety partnership” for “joint policing committee”,
  • (ii) by the substitution of the following subsection for subsection (7):
  • “(7) In this section, ‘safety partnership’ means a safety partnership within the meaning of Part 3 of the Act of 2024.”,

and

  • (iii) by the insertion of the following subsections after subsection (7):
  • “(8) Where, after the repeal of section 36 of the Act of 2005 by section 5 of the Act of 2024, a joint policing committee has not been dissolved pursuant to regulations made under section 114(1) of that second mentioned Act, a reference in this section to a safety partnership in respect of a local authority’s 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.

  • (9) Where, immediately before the repeal of section 36 of the Act of 2005 by section 5 of the Act of 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 coming into operation in accordance with that subsection as amended by paragraph (e)(i) of section 302 of the Act of 2024.”,

  • (f) in section 44(2), by the substitution of the following paragraph for paragraph (a):
  • “(a) a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, and”,
  • (g) in section 47(3)(b)—
  • (i) in subparagraph (ii), by the substitution of “An tÚdarás Póilíneachta agus Sábháilteachta Pobail” for “the Policing Authority”,
  • (ii) in subparagraph (iii), by the substitution of “the Police Ombudsman” for “the Garda Síochána Ombudsman Commission”, and
  • (iii) by the deletion of subparagraph (iv),

and

  • (h) in section 48—
  • (i) in subsection (1), by the substitution of “criminal, civil and relevant proceedings” for “criminal and civil proceedings and in disciplinary actions”, and
  • (ii) by the substitution of the following subsection for subsection (6):
  • “(6) In this section, ‘relevant proceedings’ means conduct proceedings within the meaning of the Act of 2024 or performance proceedings within the meaning of Part 6 of that Act.”

SCHEDULE 1 Repeals

Section 5

(1) Reference Number (2) Number and Year (3) Short Title of Act (4) Extent of Repeal
1. No. 24 of 2001 Children Act 2001 Sections 44 and 45
2. No. 20 of 2005 Garda Síochána Act 2005 All provisions
3. No. 29 of 2007 Criminal Justice Act 2007 Sections 1(6) and 41
4. No. 30 of 2014 Freedom of Information Act 2014 Sections 45(10) and (11)
5. No. 49 of 2015 Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 All provisions

SCHEDULE 2 Solemn Declaration by Members

Section 46

I do solemnly, sincerely and truly declare and affirm that—

  • • I will faithfully discharge the duties of a member of An Garda Síochána with fairness, integrity, diligence and impartiality, in a manner that protects and vindicates human rights, upholding the Constitution and the laws and according equal respect to all people,
  • • while I continue to be a member, I will to the best of my skill and knowledge discharge all my duties according to the law and I will conduct myself in accordance with the code of ethics issued under section 78, and
  • • I do not belong to, and will not while I remain a member form, belong to, or subscribe to, any political party or any secret society whatsoever.

SCHEDULE 3 Terms and Conditions of Civilian Staff Who Become Garda Staff

Section 54(8)

1.

Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who under section 54(5) becomes a member of garda staff shall not, while in the service of An Garda Síochána, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which he or she was entitled and the terms and conditions of service to which he or she was subject immediately before he or she became a member of garda staff.

2.

Until such time as the scale of pay and the terms and conditions of service of a person who became a member of garda staff are varied by the Garda Commissioner with the agreement of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, having consulted with any recognised trade union or staff association concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before the person became a member of garda staff shall continue to apply to him or her and may be applied or imposed by the Garda Commissioner while he or she is a member of garda staff and no such variation shall operate to worsen that scale of pay or those terms or conditions of service applicable to such person immediately before the person became a member of garda staff, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

SCHEDULE 4

Section 91(2)

PART 1 Agreement Between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-Operation, Done at Belfast on 29 April 2002

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland:

Having regard to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on 10 April 1998 (“the British-Irish Agreement”) and to the Multi-Party Agreement reached at Belfast on 10 April 1998 annexed to the aforesaid Agreement;

Having regard also to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Dublin on 8 March 1999 establishing a British-Irish Intergovernmental Conference;

Considering the report of the Independent Commission on Policing for Northern Ireland published in September 1999 (“the Patten Report”);

Taking into account the progress made within the European Union on improving police co-operation pursuant to the provisions of Title VI of the Treaty on European Union;

Recalling the discussions that took place between the two Governments at Weston Park in July 2001, the measures announced on 1 August 2001 and the Updated Implementation Plan for the Patten Report published in August 2001;

Noting the establishment of the new Policing Board for Northern Ireland;

Have agreed as follows:

Article 1

Eligibility to apply for posts

  • (1)
  • (a) The Government of the United Kingdom of Great Britain and Northern Ireland shall introduce the necessary administrative and legislative measures to enable members of the Garda Síochána to apply for posts at ranks of above Inspector level in the Police Service of Northern Ireland.
  • (b) When determining the eligibility of a member of the Garda Síochána to apply for such posts in the Police Service of Northern Ireland, appropriate recognition will be given to the rank, experience and qualifications that would be required for an equivalent rank in the Garda Síochána. An eligible applicant will be required to compete in a merit-based selection procedure with all other applicants.
  • (2)
  • (a) The Government of Ireland shall introduce the necessary administrative and legislative measures to enable members of the Police Service of Northern Ireland to apply for posts at ranks of above Inspector level in the Garda Síochána.
  • (b) When determining the eligibility of a member of the Police Service of Northern Ireland to apply for a post in the Garda Síochána, appropriate recognition will be given to the rank, experience and qualifications that would be required for an equivalent rank in the Police Service of Northern Ireland. An eligible applicant will be required to compete in a merit-based selection procedure with all other applicants.

Article 2

Secondment with Policing Powers

  • (1)
  • (a) The Government of the United Kingdom of Great Britain and Northern Ireland shall introduce the necessary administrative and legislative measures to enable members of the Garda Síochána to be seconded to the Police Service of Northern Ireland for periods not exceeding three years.
  • (b) For the duration of such secondments, the member in question shall have the same powers, duties, rights and obligations, including as appropriate the wearing of the uniform, as an attested member of the Police Service of Northern Ireland. For the duration of the secondment, the member shall not be subject to the direction and control of the Garda Commissioner and shall not exercise police powers within the jurisdiction of the Government of Ireland.
  • (2)
  • (a) The Government of Ireland shall introduce the necessary administrative and legislative measures to enable members of the Police Service of Northern Ireland to be seconded to the Garda Síochána for periods not exceeding three years.
  • (b) For the duration of such secondments, the member in question shall have the same powers, duties, rights and obligations, including as appropriate the wearing of the uniform, as an attested member of the Garda Síochána. For the duration of the secondment, the member shall not be subject to the direction and control of the Chief Constable of the Police Service of Northern Ireland and shall not exercise police powers within Northern Ireland.

Article 3

Police Protocols

  • (1) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, draw up written Protocols between them addressing detailed aspects of co-operation between them, including in particular the issues referred to in Articles 2, 3, 5, 6, 7, 8, 9 and 10 of this Agreement.
  • (2) Such Protocols shall be signed by the Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland or persons authorised to do so on their behalf. Copies of all such Protocols shall be forwarded to the Minister for Justice, Equality and Law Reform, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.
  • (3) Such Protocols shall not constitute international agreements and shall not have binding effect on either Government.

Article 4

Annual Conference

An annual conference shall be convened between the Police Service of Northern Ireland and the Garda Síochána. It shall be hosted by each service on an alternating basis and the conference topics shall be decided by mutual arrangement between the two services. The costs of the conference shall be met by the host service and each service shall meet their own travel costs in attending the conference.

Article 5

Personnel Exchanges

  • (1) A programme shall be introduced to facilitate members of the Police Service of Northern Ireland being placed in the Garda Síochána, and members of the Garda Síochána being placed in the Police Service of Northern Ireland for periods not exceeding one year.
  • (2) The purpose of these placements will be to further enhance links and to transfer experience and expertise, including in the area of training.
  • (3) Members of the Garda Síochána will, for the duration of their placement, report to and work with the Police Service of Northern Ireland. However the member placed will remain a full member of the Garda Síochána subject to the overall direction and control of the Garda Commissioner and shall not exercise any police powers in Northern Ireland.
  • (4) Members of the Police Service of Northern Ireland will, for the duration of their placement, report to and work with the Garda Síochána. However the member placed will remain a full member of the Police Service of Northern Ireland subject to the overall direction and control of the Chief Constable and shall not exercise any police powers in the jurisdiction of the Government of Ireland.

Article 6

Liaison

  • (1) Officers in both services shall be designated as liaison officers as considered appropriate to enhance co-operation between the Garda Síochána and the Police Service of Northern Ireland.
  • (2) The Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland shall, in consultation with the respective Governments, explore other methods of enhancing liaison including the possible exchange of liaison officers.

Article 7

Training

The Police Service of Northern Ireland and the Garda Síochána shall enhance structures for co-operation in the area of training.

Article 8

Disaster Planning

The Police Service of Northern Ireland and the Garda Síochána shall, in consultation with other authorities responsible for the emergency services in both jurisdictions, work together in promoting improved joint planning.

Article 9

Joint Investigations

  • (1) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, make full use of existing arrangements for facilitating joint investigations and additional arrangements that are put in place in the context of European Union developments.
  • (2) An expert group shall be established by both Governments to review the existing arrangements and to make recommendations on legal and administrative measures that could be taken to facilitate further the operation of joint Police Service of Northern Ireland and Garda Síochána investigations.

Article 10

Communications

  • (1) The Police Service of Northern Ireland and the Garda Síochána shall review communication links on an ongoing basis with a view to establishing and enhancing fast, effective and reliable communications.
  • (2) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, consult with one another in the context of the procurement and development of their communications and information technology systems, and shall take into account the desirability of achieving greater compatibility between their systems.

Article 11

Relationship with other international agreements

This Agreement shall not affect the rights and obligations of the Parties under other international agreements.

Article 12

Entry into force

Each Government shall notify the other in writing of the completion, so far as it is concerned, of the requirements for entry into force of the Agreement. This Agreement shall enter into force on the date of the receipt of the later of the two notifications.

In witness whereof the undersigned, being duly authorised thereto by the respective Governments, have signed this Agreement.

Done in two originals at Belfast on the Twenty-ninth day of April 2002.

For the Government of Ireland: JOHN O’DONOGHUE

For the Government of the United Kingdom of Great Britain and Northern Ireland: JOHN REID

PART 2 Amendment to the Agreement Between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Cooperation

Dermot Ahern TD

Department for Justice, Equality and Law Reform

94 St Stephen’s Green Dublin 2

8 April 2010

Dear Dermot

INTERTOVERNMENTAL AGREEMENT ON POLICE CO-OPERATION

I have the honour to refer to the Agreement between our two Governments on Police Co-operation, signed in 2002, following talks at Weston Park.

I further have the honour to refer to recent discussions between our two Governments confirming that the continued operation of the Agreement is an important expression of co-operation between our two Governments, who have introduced the necessary legislation to allow for lateral entry and secondments of police officers between the forces. The Agreement takes account of the framework within which the PSNI and An Garda Síochána might agree operational protocols on subjects specified in the Agreement, viz secondments, exchanges, liaison officers, training, disaster planning, joint investigations, and communications.

Having regard to the above discussions, I have the honour to propose that the Agreement shall be amended as follows:

Article 3 Police Protocols:

  • (2) Such Protocols shall be signed by the Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland or persons authorised to do so on their behalf. Copies of all such Protocols shall be forwarded to the Minister for Justice, Equality and Law Reform, the Department of Justice in Northern Ireland, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.

If the foregoing proposals are acceptable to your Government, I have the honour to propose that this letter and your reply to that effect shall be regarded as constituting an Agreement between our two Governments which shall enter into force immediately on the date of your reply.

Yours

The RT Hon Paul Goggins MP

Minister of State for Northern Ireland

RT Hon Paul Goggins MP

Minister of State for Northern Ireland

Castle Buildings

Belfast BT4 3SG

Northern Ireland

Dear Paul

I have the honour to acknowledge your letter of 8 April 2010 which reads as follows:

“I have the honour to refer to the Agreement between our two Governments on Police Co-operation, signed in 2002, following talks at Weston Park.

I further have the honour to refer to recent discussions between our two Governments confirming that the continued operation of the Agreement is an important expression of co-operation between our two Governments, who have introduced the necessary legislation to allow for lateral entry and secondments of police officers between the forces. The Agreement takes account of the framework within which the PSNI and An Garda Síochána might agree operational protocols on subjects specified in the Agreement, viz secondments, exchanges, liaison officers, training, disaster planning, joint investigations, and communications.

Having regard to the above discussions, I have the honour to propose that the Agreement shall be amended as follows:

Article 3 Police Protocols:

  • (2) Such Protocols shall be signed by the Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland or persons authorised to do so on their behalf. Copies of all such Protocols shall be forwarded to the Minister for Justice, Equality and Law Reform, the Department of Justice in Northern Ireland, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.

If the foregoing proposals are acceptable to your Government, I have the honour to propose that this letter and your reply to that effect shall be regarded as constituting an Agreement between our two Governments which shall enter into force immediately on the date of your reply.”

In reply, I have the honour to inform you that the foregoing proposals are acceptable to the Government of Ireland, who will regard your letter and this reply as constituting an Agreement between our two Governments which shall enter into force on today’s date.

Dermot Ahern TD

Minister For Justice Equality & Law Reform

19 April 2010

SCHEDULE 5 Appointment as Police Ombudsman or Deputy Police Ombudsman of Person Holding Judicial Office

Section 171(9)

Supreme Court judge or former Supreme Court judge appointed as Police Ombudsman or Deputy Police Ombudsman

1.

(1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former Chief Justice of the Supreme Court, the proviso to section 14(1)(a) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former Chief Justice who is appointed to be a Commissioner (within the meaning of that Act).

Court of Appeal judge or former President of Court of Appeal appointed as Police Ombudsman or Deputy Police Ombudsman

2.

(1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former President of the Court of Appeal, the proviso to section 14(1)(aa) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a Commissioner (within the meaning of that Act).
  • (3) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Court of Appeal, he or she may, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D of the Courts (Supplemental Provisions) Act 1961.

High Court judge or President or former President of High Court appointed as Police Ombudsman or Deputy Police Ombudsman

3.

(1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former President of the High Court, the proviso to section 14(1)(b) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former President of the High Court who is appointed to be a Commissioner (within the meaning of that Act).
  • (3) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the High Court, he or she may, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10(5) of the Courts (Supplemental Provisions) Act 1961.

Circuit Court judge or President of the Circuit Court appointed as Police Ombudsman or Deputy Police Ombudsman

4.

(1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, an ordinary judge of the Circuit Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Circuit Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Circuit Court, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, another judge may be appointed to the role of President of the Circuit Court and exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Circuit Court under section 10 of the Courts of Justice Act 1947.

SCHEDULE 6 Appointment as Independent Examiner of Person Holding Judicial Office

Section 233(8)

Supreme Court judge or former Supreme Court judge appointed as Independent Examiner

1.

(1) Where a person appointed as the Independent Examiner is, when so appointed, an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Independent Examiner is a former Chief Justice of the Supreme Court, the proviso to section 14(1)(a) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former Chief Justice who is appointed to be a Commissioner (within the meaning of that Act).

Court of Appeal judge or former President of the Court of Appeal appointed as Independent Examiner

2.

(1) Where a person appointed as the Independent Examiner is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Independent Examiner is a former President of the Court of Appeal, the proviso to section 14(1)(aa) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a Commissioner (within the meaning of that Act).
  • (3) Where a person appointed as the Independent Examiner is, when so appointed, the President of the Court of Appeal, he or she may, for so long as he or she continues to be the Independent Examiner, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D of the Courts (Supplemental Provisions) Act 1961.

High Court judge or President or former President of High Court appointed as Independent Examiner

3.

(1) Where a person appointed as the Independent Examiner is, when so appointed, the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

  • (2) Where a person appointed as the Independent Examiner is a former President of the High Court, the proviso to section 14(1)(b) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former President of the High Court who is appointed to be a Commissioner (within the meaning of that Act).
  • (3) Where a person appointed as the Independent Examiner is, when so appointed, the President of the High Court, he or she may, for so long as he or she continues to be the Independent Examiner, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10(5) of the Courts (Supplemental Provisions) Act 1961.

SCHEDULE 7 Regulations and Orders made Under or Continued Under an Enactment Repealed by Section 5 Which are not to be Continued in Force Under this Act

Section 261

(1) Reference Number (2) Number and Year (3) Title (4) Extent of revocation
1. 04/02/1925 Garda Síochána Reward Fund Regulations 1925 Whole of statutory instrument
2. 10/02/1925 Garda Síochána Reward Fund (Administration) Regulations 1925 Whole of statutory instrument
3. S.I. No. 441 of 1994 Garda Síochána Pay Order 1994 Whole of statutory instrument
4. S.I. No. 214 of 2007 Garda Síochána (Discipline) Regulations Whole of statutory instrument other than in so far as it applies to disciplinary proceedings (within the meaning of the statutory instrument) in relation to a member which were commenced but not concluded before the coming into operation of section 261
5. S.I. No. 640 of 2016 Garda Síochána Act 2005 (Section 52) Regulations 2016 Whole of statutory instrument
6. S.I. No. 641 of 2016 Garda Síochána Act 2005 (Appointments to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent) Regulations 2016 Whole of statutory instrument
7. S.I. No. 28 of 2018 Garda Síochána Act 2005 (Retirement) Regulations 2018 Whole of statutory instrument
8. S.I. No. 287 of 2020 Garda Síochána (Ranks) Regulations 2020 Whole of statutory instrument

Footnotes

1

OJ No. L119, 4.5.2016, p. 1

2

OJ No. L119, 4.5.2016, p. 1

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.