Garda SÃ­ochÃ¡na (Policing Authority and Miscellaneous Provisions) Act 2015
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) This Act may be cited as the Garda SÃ­ochÃ¡na (Policing Authority and Miscellaneous Provisions) Act 2015.
(2) This Act shall be included in the collective citation of the Garda SÃ­ochÃ¡na Acts 2005 to 2015 and shall be construed together with those Acts.
(3) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
num: 2
paragraphs: In this Act—
“Act of 2015” means the Garda SÃ­ochÃ¡na (Amendment) Act 2015 ;
“Principal Act” means the Garda SÃ­ochÃ¡na Act 2005 ;
“Minister” means the Minister for Justice and Equality.
num: 3
paragraphs: Section 3(1) of the Principal Act is amended by the insertion of the following definitions:
‘Authority’ means the Policing Authority established by section 62B;
‘Chief Executive’ means the chief executive officer of the Authority appointed under section 62P;
‘committee’ means a committee of the Authority established under section 62K;
‘establishment day of the Authority’ means the day appointed under section 62A;
‘local authority’ has the meaning it has in the Local Government Act 2001 ;
‘policing principles’ shall be read in accordance with section 3B;
‘policing services’ means the functions of the Garda SÃ­ochÃ¡na referred to in section 7 other than the provision of security services;
‘security services’ shall be read in accordance with section 3A;
‘Service’ means the Public Appointments Service.”.
num: 4
paragraphs: The Principal Act is amended by the insertion of the following section after section 3:
“3A. (1) In this Act ‘security services’, subject to subsection (2), means the functions of the Garda SÃ­ochÃ¡na referred to in section 7 that are concerned with—
(a) protecting the security of the State including, but not limited to, the following:
(i) preventing, detecting and investigating offences under the Offences against the State Acts 1939 to 1998, the Criminal Law Act 1976 , the Criminal Justice (Terrorist Offences) Act 2005 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ;
(ii) protecting the State from—
(I) espionage,
(II) sabotage,
(III) unlawful acts that subvert or undermine, or are intended to subvert or undermine, parliamentary democracy or the institutions of the State, and
(IV) acts of foreign interference that are, or are intended to be, detrimental to the interests of the State and are clandestine or deceptive or involve a threat to any person,
whether directed from, or committed or intended to be committed within, the State or not,
(b) identifying foreign capabilities, intentions or activities within or relating to the State that impact on the international well-being or economic well-being of the State, and
(c) co-operating with authorities in other states and international organisations aimed at preserving international peace, public order and security.
(2) The reference in subsection (1) to the functions of the Garda SÃ­ochÃ¡na referred to in section 7 that are concerned with protecting the security of the State does not include lawful advocacy, protest or dissent by any person.
(3) Where a question or dispute arises as to whether a particular matter relates to policing services or security services, the question or dispute shall be submitted to the Minister for determination.
(4) The determination by the Minister of the question or dispute referred to him or her under subsection (3) shall be final.”.
num: 5
paragraphs: The Principal Act is amended by the insertion of the following section after section 3A (inserted by section 4 ):
“3B. In this Act ‘policing principles’ means—
(a) the principle that policing services are to be provided—
(i) independently and impartially,
(ii) in a manner that respects human rights, and
(iii) in a manner that supports the proper and effective administration of justice,
and
(b) the principle that effective and efficient policing is dependent on securing the confidence, support and co-operation of local communities and engaging with those communities.”.
num: 6
paragraphs: Section 5 of the Principal Act is amended by the insertion of “and the Authority” after “expenses incurred in respect of the Garda SÃ­ochÃ¡na”.
num: 7
paragraphs: The enactments specified in the Schedule are repealed to the extent specified in column (3) of th at Schedule.
num: 8
paragraphs: (1) The Principal Act is amended by the substitution of the following section for section 9:
“9. (1) Subject to this section, the appointment of a person to be the Commissioner of the Garda SÃ­ochÃ¡na shall, upon the nomination of the Authority, be made by the Government.
(2) The Authority shall not nominate a person under subsection (1) unless it has, with the prior approval in writing of the Government, invited the Service to undertake a selection competition for that purpose and the Service has undertaken such a competition.
(3) The Authority shall, with the approval of the Minister, agree with the Service the requirements relating to knowledge, ability and suitability for appointment as the Garda Commissioner for the purposes of a selection competition under this section.
(4) A person shall not be nominated by the Authority under subsection (1) unless it is satisfied that the person is suitable for appointment as the Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions assigned to the Garda Commissioner by or under this Act.
(5) The Service shall provide the Authority with particulars of the experience, qualifications, training and expertise of a person whom it recommends for nomination by the Authority under subsection (1) for appointment as the Garda Commissioner.
(6) Subject to subsection (7), where the Authority nominates a person for appointment as the Garda Commissioner under subsection (1), the Government shall accept the nomination.
(7) (a) In exceptional circumstances, where the Government, for substantial and stated reasons, are unable to accept the nomination by the Authority of a particular person for appointment as the Garda Commissioner, they shall inform the Authority of that fact and the reasons for it and request the Authority to nominate another person for appointment.
(b) The Authority shall—
(i) consider the Government’s reasons provided in accordance with paragraph (a), and
(ii) unless the Authority disagrees with those reasons and wishes to make representations to the Government in that behalf,
nominate another person for appointment.
(8) A person who holds the office of Garda Commissioner may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.
(9) The Government shall, as soon as may be, inform the Authority of the resignation of a person under subsection (8).”.
(2) Subject to section 11 of the Principal Act (as amended by section 10 ), the person who, on the commencement of this section, holds the office of Garda Commissioner continues in office in accordance with the terms and conditions of his or her appointment.
num: 9
paragraphs: (1) The Principal Act is amended by the substitution of the following section for section 10:
“10. (1) The Government may determine the number of persons who may be appointed to the rank of Deputy Garda Commissioner and, subject to this section, the appointment of a person to that rank shall, upon the nomination of the Authority, be made by the Government.
(2) The Authority shall not nominate a person under subsection (1) unless it has, with the prior approval in writing of the Government, invited the Service to undertake a selection competition for that purpose and the Service has undertaken such a competition.
(3) The Authority shall, with the approval of the Minister, agree with the Service the requirements relating to knowledge, ability and suitability for appointment to the rank of Deputy Garda Commissioner for the purposes of a selection competition under this section.
(4) A person shall not be nominated by the Authority under subsection (1) unless it is satisfied that the person is suitable for appointment to the rank of Deputy Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions that may be assigned to a member of that rank.
(5) The Service shall provide the Authority with particulars of the experience, qualifications, training and expertise of a person whom it recommends for nomination by the Authority under subsection (1) for appointment to the rank of Deputy Garda Commissioner.
(6) Subject to subsection (7), where the Authority nominates a person for appointment to the rank of Deputy Garda Commissioner under subsection (1), the Government shall accept the nomination.
(7) (a) In exceptional circumstances, where the Government, for substantial and stated reasons, are unable to accept the nomination by the Authority of a particular person for appointment to the rank of Deputy Garda Commissioner, they shall inform the Authority of that fact and the reasons for it and request the Authority to nominate another person for appointment.
(b) The Authority shall—
(i) consider the Government’s reasons provided in accordance with paragraph (a), and
(ii) unless the Authority disagrees with those reasons and wishes to make representations to the Government in that behalf,
nominate another person for appointment.
(8) A person who holds the office of Deputy Garda Commissioner may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.
(9) The Government shall, as soon as may be, inform the Authority of the resignation of a person under subsection (8).”.
(2) Subject to section 11 of the Principal Act (as amended by section 10 ), a person who, on the commencement of this section, holds the office of Deputy Garda Commissioner continues in office in accordance with the terms and conditions of his or her appointment.
num: 10
paragraphs: (1) The Principal Act is amended by the substitution of the following section for section 11:
“11. (1) Subject to section 12, a person who holds the office of Garda Commissioner or Deputy Garda Commissioner may be removed from office by the Government, but only for stated reasons, including because—
(a) the person has failed to perform the functions of the office with due diligence and effectiveness or, in the case of the Garda Commissioner, has failed to have regard to any of the matters specified in section 26(2),
(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or
(c) the removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda SÃ­ochÃ¡na.
(2) The Authority may, for the purposes of subsection (1), recommend to the Government the removal from office of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner if the reasons for removal relate to policing services, and the Government shall consider any such recommendation.
(3) Subject to section 13A, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Authority, but only for stated reasons related solely to policing services, including because—
(a) the person has failed to perform the functions of the office relating to policing services with due diligence and effectiveness,
(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office relating to policing services, or
(c) the removal of the person from office would, in the opinion of the Authority, be in the best interests of the Garda SÃ­ochÃ¡na.
(4) Subject to section 12, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Government in circumstances other than those to which subsection (3) relates, but only for stated reasons, including because—
(a) the person has failed to perform the functions of the office with due diligence and effectiveness,
(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or
(c) the removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda SÃ­ochÃ¡na.
(5) On notifying under section 12(1)(a) or 13A(1)(a), as may be appropriate, a person who holds the office of Garda Commissioner, Deputy Garda Commissioner, Assistant Garda Commissioner, chief superintendent or superintendent that the Government or the Authority, as the case may be, intends to consider removing him or her from office, the Government or the Authority, as the case may be, may immediately suspend the person from duty.
(6) A suspension from duty under subsection (5) continues until the Government or the Authority, as the case may be, makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 12 or 13A, as may be appropriate, in making that decision.
(7) Subject to subsection (8), the Government shall, as soon as may be, inform the Authority of a proposal to remove a person from office under subsection (1) or (4) and any related suspension from duty under subsection (5).
(8) The Government shall consult with the Authority before the removal of a person from office under—
(a) subsection (1), if the reasons for removal relate to policing services, or
(b) subsection (4), if the reasons for removal include reasons relating to policing services.
(9) The Authority shall, as soon as may be, inform the Government of a proposal to remove a person from office under subsection (3) and any related suspension from duty under subsection (5).”.
(2) If any steps have been taken before the commencement of this section and sections 11 to 13 to remove from office a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent, sections 11 to 13 of the Principal Act shall apply to the removal of the person from office as if the amendments of the Principal Act in subsection (1) and sections 11 to 13 had not been made.
(3) After the commencement of this section and sections 11 to 13 , sections 11 (inserted by this section), 12 (as amended by section 11 ), 13(inserted by section 12 ) and 13A (inserted by section 13 ) of the Principal Act shall, other than in the case of persons to whom subsection (2) applies, apply to the removal from office of a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent even if the reasons for the removal relate to actions taken, omissions made or conduct that occurred before that commencement.
num: 11
paragraphs: Section 12 of the Principal Act is amended—
(a) by the substitution of the following subsections for subsection (1):
“(1) Before considering the removal of a person from office under subsection (1) or (4) of section 11, the Government shall—
(a) notify the person that the Government intends to consider the matter and include in the notification a statement of their reasons for doing so, and
(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.
(1A) The Government shall inform the Authority of a notification to a person under subsection (1)(a) if the reasons for the removal from office of the person—
(a) in the case of a removal under section 11(1), relate either solely or partially to policing services, or
(b) in the case of a removal under section 11(4), relate partially to policing services.”,
(b) by the insertion of the following subsection after subsection (5):
“(5A) A statement or admission made by a person pursuant to a direction under subsection (3) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (5)).”,
(c) in subsection (6), by the insertion of the following paragraph after paragraph (a):
“(aa) in a case where the reasons for the proposed removal from office of the person concerned relate either solely or partially to policing services, inform the Authority of the findings of the inquiry in so far as they relate to policing services,”,
and
(d) in subsection (7), by the substitution of “removed from office under subsection (1) or (4) of section 11” for “removed from office under section 11”.
num: 12
paragraphs: (1) The Principal Act is amended by the substitution of the following section for section 13:
“13. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the number of persons who may be appointed to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent in the Garda SÃ­ochÃ¡na and the Authority may, in accordance with the regulations and having undertaken a selection competition for that purpose, appoint a person to any of those ranks.
(2) A person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may resign from office by notice in writing addressed to the Authority and the resignation shall take effect on the date the Authority receives the notice or, if a date is specified in the notice and the Authority agrees to that date, on that date.”.
(2) Subject to subsections (3) to (9) of section 11 of the Principal Act (as amended by section 10 ), a person who, on the commencement of this section, holds the office of Assistant Garda Commissioner, chief superintendent or superintendent continues in office in accordance with the terms and conditions of his or her appointment.
num: 13
paragraphs: The Principal Act is amended by the insertion of the following section after section 13:
“13A. (1) Before considering the removal of a person from office under section 11(3), the Authority shall—
(a) notify the person that the Authority intends to consider the matter and include in the notification a statement of the reasons for doing so, and
(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.
(2) The Authority shall inform the Government of a notification to a person under subsection (1)(a).
(3) The Authority may, if it considers it necessary or appropriate to do so, appoint a person to—
(a) hold an inquiry into any matter giving rise to a notification under subsection (1), and
(b) report to the Authority on the findings of the inquiry.
(4) A person appointed under this section to hold an inquiry may do one or more of the following:
(a) direct any person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;
(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person’s power or control;
(c) summon witnesses to attend the inquiry;
(d) direct a witness to answer a question put to him or her at the inquiry;
(e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;
(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.
(5) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (4), the High Court may, on application by the person appointed under this section—
(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and
(b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.
(6) A person—
(a) to whom a notice is delivered under subsection (4) and who, without lawful excuse, refuses or fails to comply with a direction under paragraph (a) or (b) of that subsection,
(b) who fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (4)(c),
(c) who refuses to answer a question that the person conducting the inquiry may lawfully direct him or her to answer, or
(d) who does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,
is guilty of an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or both.
(7) A statement or admission made by a person pursuant to a direction under subsection (4) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (6)).
(8) If an inquiry is held, the Authority shall—
(a) consider the report on the findings of the inquiry,
(b) make a copy of the report available to the person whose removal from office is the subject of the report, and
(c) give that person an opportunity to make representations relating to the report.
(9) As soon as practicable after a person is removed from office under section 11(3), the Authority shall inform the Minister of the removal of the person from office and the reasons for it and the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.”.
num: 14
paragraphs: (1) Section 14(2)(d) of the Principal Act is amended by the substitution of “the Authority” for “the Government”.
(2) If any steps have been taken by the Garda Commissioner before the commencement of this section to dismiss from the Garda SÃ­ochÃ¡na a member not above the rank of inspector, section 14 of the Principal Act shall apply to the dismissal of the person as if the amendment of that section in subsection (1) had not been made.
(3) After the commencement of this section, section 14 (as amended by subsection (1)) of the Principal Act shall, other than in the case of persons to whom subsection (2) applies, apply to the dismissal from the Garda SÃ­ochÃ¡na of a member not above the rank of inspector even if the conduct of the member to which the dismissal relates occurred before that commencement.
num: 15
paragraphs: Section 15 of the Principal Act is amended—
(a) in subsection (4) (a), by the substitution of “the Authority” for “the Minister”, and
(b) in subsection (5), by the insertion of “, following consultation with the Authority,” after “Garda Commissioner”.
num: 16
paragraphs: The Principal Act is amended by the substitution of the following section for section 17:
“17. (1) The Authority shall, within 12 months of the establishment day of the Authority, establish a code of ethics that includes—
(a) standards of conduct and practice for members, and
(b) provisions to encourage and facilitate the reporting by members of wrongdoing in the Garda SÃ­ochÃ¡na.
(2) The Authority shall, before establishing a code of ethics under this section, consult with the following about the content of the code:
(a) the Minister;
(b) the Minister for Public Expenditure and Reform;
(c) the Garda Commissioner;
(d) the representative associations established under section 18 of this Act or section 13 of the Garda SÃ­ochÃ¡na Act 1924 ;
(e) any recognised trade union or staff association representing members of the civilian staff of the Garda SÃ­ochÃ¡na;
(f) the Irish Human Rights and Equality Commission;
(g) the Standards in Public Office Commission;
(h) the Ombudsman Commission;
(i) any other person or body appearing to the Authority to have an interest in the matter.
(3) In preparing a code of ethics under this section, the Authority shall have regard to—
(a) the policing principles,
(b) the standards, practices and procedures applicable to the conduct of police officers in other Member States of the European Union, and
(c) any relevant recommendations of the Council of Europe.
(4) A code of ethics, or specified provisions of such a code, established under this section may apply with such modifications as may be specified therein to members of the civilian staff of the Garda SÃ­ochÃ¡na.
(5) The Authority may, in like manner to the establishment of a code of ethics under this section, amend or revoke such a code.
(6) Whenever the Authority establishes, amends or revokes a code of ethics under this section, the Authority shall provide the Minister with a copy of the code as so established, amended or revoked and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.
(7) The Authority shall publish a code of ethics established under this section in such manner as it considers appropriate.
(8) The Garda Commissioner shall take such steps as are necessary to ensure that all members have read and understood a code of ethics established under this section and that a record is kept of the steps so taken in relation to each member.”.
num: 17
paragraphs: Section 19 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “Subject to subsection (2A), the Garda Commissioner may appoint” for “The Garda Commissioner may appoint” and the substitution of “as may be approved by the Authority with the consent of the Minister and” for “as may be approved by the Minister with the consent of”,
(b) in subsection (2), by the substitution of “as may be approved by the Authority with the consent of the Minister and” for “as may be approved by the Minister with the consent of”, and
(c) by the insertion of the following subsection after subsection (2) :
“(2A) The civilian staff of the Garda SÃ­ochÃ¡na of grades that are equivalent to or above that of chief superintendent in the Garda SÃ­ochÃ¡na shall be appointed by the Authority.”.
num: 18
paragraphs: The Principal Act is amended by the substitution of the following sections for section 20:
“Setting of priorities by Authority for policing services
num: 20
paragraphs: (1) The Authority shall, in accordance with this section and with the approval of the Minister—
(a) determine, and from time to time revise, priorities for the Garda SÃ­ochÃ¡na in performing its functions relating to policing services, and
(b) establish, and from time to time revise, levels of performance (‘performance targets’) to be aimed at in seeking to achieve the objective of each priority referred to in paragraph (a).
(2) The Authority shall consult with the Garda Commissioner before determining or revising priorities or establishing or revising performance targets under this section.
(3) Where the Minister approves the determination or revision of priorities or the establishment or revision of performance targets, as the case may be, he or she shall convey that approval in writing.
(4) As soon as practicable after the determination or revision of priorities and the establishment or revision of performance targets, the Authority shall supply the Minister and the Garda Commissioner with a copy of the determined priorities, the established performance targets and any revisions to those priorities or performance targets.
(5) As soon as practicable after the Minister receives a copy of the determined priorities, the established performance targets or any revisions to those priorities or performance targets under subsection (4), the Minister shall cause a copy of them to be laid before each House of the Oireachtas.
(6) The Garda Commissioner shall—
(a) inform the Authority of the measures taken to achieve the objectives of the priorities determined and performance targets established under this section and of the outcome of those measures, and
(b) supply that information within the time specified by the Authority or, if no such time is specified, in the annual report submitted to the Authority under section 46.
Setting of priorities by Minister for security services
20A. (1) The Minister may—
(a) determine, and from time to time revise, priorities for the Garda SÃ­ochÃ¡na in performing its functions relating to security services, and
(b) establish, and from time to time revise, levels of performance (‘performance targets’) to be aimed at in seeking to achieve the objective of each priority referred to in paragraph (a).
(2) The Minister shall—
(a) consult with the Garda Commissioner before determining or revising priorities or establishing or revising performance targets, and
(b) supply the Garda Commissioner with a copy of the determined priorities, the established performance targets and any revisions to those priorities or performance targets.
(3) Subject to subsection (4), as soon as practicable after the determination or revision of priorities and the establishment or revision of performance targets, the Minister shall cause a copy of the priorities or performance targets or revisions thereto, as the case may be, to be laid before each House of the Oireachtas.
(4) The Minister may exclude from the copy of the priorities or performance targets or revisions thereto, as the case may be, to be laid before each House of the Oireachtas any matter that, in his or her opinion—
(a) would be prejudicial to the interests of national security, or
(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.
(5) The Garda Commissioner shall—
(a) inform the Minister of the measures taken to achieve the objectives of the priorities determined and performance targets established under this section and of the outcome of those measures, and
(b) supply that information within the time specified by the Minister.”.
num: 19
paragraphs: Section 21 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) Subject to subsection (6) —
(a) not later than 6 months after the establishment day of the Authority, and
(b) not later than 3 months before the expiry of the period to which the previous strategy statement relates,
the Garda Commissioner shall submit to the Authority for its approval (with the consent of the Minister) a strategy statement for the Garda SÃ­ochÃ¡na and for policing services for the following 3 years.”,
(b) in subsection (2), by the deletion of “must be prepared in such form and manner as the Minister may direct and”,
(c) in subsection (3) —
(i) by the substitution of the following paragraph for paragraph (b):
“(b) the priorities determined by the Authority under section 20 relating to policing services and any priorities that may be determined by the Minister under section 20A relating to security services;”,
(ii) in paragraph (c), by the substitution of “relates;” for “relates, and”,
(iii) in paragraph (d), by the substitution of “efficient use of those resources;” for “efficient use of those resources.”, and
(iv) by the addition of the following paragraph:
“(e) the policing principles.”,
(d) in subsection (4), by—
(i) the substitution of “The Authority shall, with the consent of the Minister, approve” for “The Minister shall approve”, and
(ii) the substitution of the following paragraph for paragraph (b):
“(b) with such amendments as the Authority with the consent of the Minister, after consulting with the Garda Commissioner, may determine.”,
(e) by the substitution of the following subsection for subsection (5):
“(5) As soon as practicable after the approval of the strategy statement under subsection (4), the Authority shall send a copy of the approved strategy statement to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.”,
and
(f) in subsection (6), by the substitution of “The Authority” for “The Minister”.
num: 20
paragraphs: Section 22 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (1) :
“(1) The Garda Commissioner shall each year prepare a policing plan setting out the proposed arrangements for policing services for the following year.”,
(b) in subsection (2) —
(i) in paragraph (e), by the substitution of “Government policy;” for “Government policy.”, and
(ii) by the addition of the following paragraph:
“(f) the policing principles.”,
(c) in subsection (4), by the substitution of “the Authority” for “the Minister”,
(d) in subsection (5) —
(i) by the substitution of “The Authority shall, with the consent of the Minister, approve” for “The Minister shall approve”, and
(ii) by the substitution of the following paragraph for paragraph (b):
“(b) with such amendments as the Authority with the consent of the Minister, after consulting with the Garda Commissioner, may determine.”,
and
(e) by the substitution of the following subsection for subsection (6):
“(6) As soon as practicable after the approval of the policing plan under subsection (5), the Authority shall send a copy of the approved policing plan to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.”.
num: 21
paragraphs: Section 23 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “the Authority” for “the Minister” and the insertion of “for policing services” after “resources available to the Garda SÃ­ochÃ¡na”, and
(b) in subsection (4), by the substitution of “after receiving the report, the Authority shall send a copy of the report to the Minister and the Minister shall” for “after receiving the report, the Minister shall”.
num: 22
paragraphs: Section 24(2) of the Principal Act is amended by the substitution of “the Authority” for “the Minister”.
num: 23
paragraphs: Section 25 of the Principal Act is amended—
(a) by the insertion of the following subsections after subsection (1):
“(1A) The Authority may recommend to the Minister that a directive concerning a specified matter relating to policing services be issued under subsection (1).
(1B) Following the approval of the Government, the Minister may issue to the Authority written directives concerning any matter relating to policing services insofar as the matter concerned relates to the functions of the Authority under this Act.”,
(b) by the substitution of the following subsection for subsection (2):
“(2) The Garda Commissioner and the Authority shall, in performing their respective functions under this Act, comply with any directive issued to the Commissioner or the Authority, as the case may be, under this section.”,
and
(c) by the addition of the following subsections:
“(6) The Authority shall inform the Minister of the measures taken by the Authority to comply with a directive issued to it under this section and supply the information within the time specified by the Minister.
(7) The Minister shall supply the Authority with the information supplied to him or her by the Garda Commissioner under subsection (5) regarding the measures taken by the Garda SÃ­ochÃ¡na to comply with a directive issued to the Commissioner under this section if and insofar as the directive and that information relate to policing services.”.
num: 24
paragraphs: Section 26 of the Principal Act is amended—
(a) in subsection (1), by the insertion of the following paragraph after paragraph (c):
“(ca) to assist and co-operate with the Authority in order to facilitate the performance by the Authority of its functions under this Act;”,
and
(b) in subsection (2) —
(i) in paragraph (b), by the substitution of “under sections 20 and 20A” for “under section 20”, and
(ii) by the substitution of the following paragraphs for paragraph (f):
“(f) any directive issued to him or her under section 25;
(g) the policing principles.”.
num: 25
paragraphs: Section 27 of the Principal Act is amended—
(a) in subsection (1), by—
(i) the insertion of “and the Authority, having regard to the respective functions of the Commissioner and the Authority under this Act,” after “The Garda Commissioner”, and
(ii) the substitution of “matters concerning policing services” for “matters concerning policing and the state of crime”,
and
(b) in subsection (2), by the substitution of “the Authority” for “the Minister” in each place where it occurs.
num: 26
paragraphs: Section 32 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) During any absence of the Garda Commissioner or other circumstance referred to in paragraph (a) or (b) of subsection (1), the Minister may authorise an Assistant Garda Commissioner to perform the functions of the Garda Commissioner—
(a) where the offices at the rank of Deputy Garda Commissioner are vacant, or
(b) during any absence, incapacity or suspension from duty of all officers at the rank of Deputy Garda Commissioner.”,
and
(b) by the addition of the following subsections:
“(3) The Minister shall notify the Authority of an authorisation given by him or her under subsection (1) or (2).
(4) Where a Deputy Garda Commissioner or an Assistant Garda Commissioner is authorised under this section to perform the functions of the Garda Commissioner, the provisions of section 11 relating to the removal from office of the Garda Commissioner (and not those relating to a Deputy Garda Commissioner or an Assistant Garda Commissioner, as the case may be) shall apply to such a Deputy Garda Commissioner or Assistant Garda Commissioner if the reasons for his or her removal from office relate to the performance of those functions during the period of his or her authorisation under this section.”.
num: 27
paragraphs: Section 33(3) of the Principal Act is amended by the addition of “and continued to be such an area by section 7 (1) of the Gaeltacht Act 2012 ” after “ section 2 of the Ministers and Secretaries (Amendment) Act 1956 ”.
num: 28
paragraphs: Section 34 of the Principal Act is amended by the deletion of “, ‘local authority’ ”.
num: 29
paragraphs: (1) Section 35 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) The Authority shall, after consulting with the Minister and the Minister for the Environment, Community and Local Government, issue to local authorities and the Garda Commissioner guidelines concerning the establishment and maintenance of joint policing committees by local authorities and the Garda Commissioner.”,
(b) in subsection (2) —
(i) in paragraph (b) (iii), by the substitution of “members of the Houses of the Oireachtas” for “members of the Oireachtas”,
(ii) in paragraph (e), by the substitution of “members of the Houses of the Oireachtas” for “members of the Oireachtas”,
(iii) in paragraph (k), by the substitution of “any subcommittees,” for “any subcommittees, and”, and
(iv) by the substitution of the following paragraphs for paragraph (l):
“(l) the establishment and operation by the committee as it considers necessary of local policing fora within neighbourhoods of the administrative area of the local authority concerned to discuss and make recommendations to the committee concerning matters that the committee is to keep under review under section 36(2)(a) or on which the committee is to advise under section 36(2) (b), insofar as those matters affect their neighbourhoods,
(m) the co-operation of, and consultation by, the committee with such other public authorities, bodies or persons, including local policing fora referred to in paragraph (l), as may be required by the committee in the performance of its functions, and
(n) such other matters as the Authority considers appropriate.”,
(c) by the substitution of the following subsections for subsections (4) and (5):
“(4) The Authority may, after consulting with the Minister and the Minister for the Environment, Community and Local Government—
(a) revise any guidelines issued under this section, or
(b) withdraw those guidelines and issue new guidelines.
(5) The Authority shall supply a copy of guidelines issued under this section, and of any revisions to them, to the Minister as soon as practicable after the guidelines are issued or revised and the Minister shall cause a copy of such guidelines, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.”,
and
(d) by the addition of the following subsection:
“(6) The Authority may convene meetings of the chairpersons, and such other members as the Authority considers appropriate, of joint policing committees for the purpose of coordinating, or otherwise facilitating, the performance by such committees of the functions assigned to them.”.
(2) Guidelines issued by the Minister under section 35 of the Principal Act before the commencement of this section continue in force until they are replaced by guidelines issued under that section of the Principal Act as it is amended by subsection (1).
num: 30
paragraphs: (1) Section 36 of the Principal Act is amended—
(a) in subsection (2) —
(i) by the deletion of paragraph (d), and
(ii) in paragraph (e), by the substitution of “local policing fora established in accordance with guidelines issued under section 35” for “local policing fora established under paragraph (d) or otherwise”,
(b) by the deletion of subsection (3), and
(c) in subsection (5)(b), by the insertion of “the Authority,” after “supply a copy of the report to”.
(2) Local policing fora that were established and in operation under section 36(2)(d) of the Principal Act or otherwise immediately before the commencement of this section may continue in operation after that commencement but, if they do so, they shall operate in accordance with guidelines issued under section 35 of that Act.
num: 31
paragraphs: Section 38 of the Principal Act is amended—
(a) in subsection (5), by the substitution of “The Authority shall, by order, made with the approval of the Government” for “The Government shall, by order”,
(b) in subsection (8)(b), by the substitution of “the consent of the Authority” for “the Minister’s consent”,
(c) in subsection (11), by the substitution of “The Authority, with the consent of the Minister” for “The Minister”, and
(d) by the substitution of the following subsection for subsection (12):
“(12) The Authority shall supply a copy of any guidelines issued under this section, and of any revisions to them, to the Minister as soon as practicable after the guidelines are issued or revised and the Minister shall cause a copy of any such guidelines, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.”.
num: 32
paragraphs: Section 40 of the Principal Act is amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) Notwithstanding subsection (1), the Garda Commissioner shall report to the Authority with regard to policing services in order to facilitate the performance by the Authority of its functions under this Act.”,
(b) in subsection (2), by the deletion after “statements made by members” of “of the Garda SÃ­ochÃ¡na”, and
(c) by the insertion of the following subsection after subsection (2):
“(2A) The Garda Commissioner’s duty under subsection (1A) includes the duty to provide, on request by the Authority, any document relating to policing services in the power or control of the Garda SÃ­ochÃ¡na.”.
num: 33
paragraphs: Section 41 of the Principal Act is amended by the insertion of the following subsection after subsection (3):
“(3A) If and insofar as a report under subsection (2) relates to matters concerning policing services, the Minister shall inform the Authority of those matters.”.
num: 34
paragraphs: The Principal Act is amended by the insertion of the following section after section 41:
“41A. (1) The Garda Commissioner shall keep the Authority fully informed of the following:
(a) matters relevant to the functions of the Authority under this Act;
(b) any other matters that, in the opinion of the Commissioner, should be brought to the attention of the Authority having regard to its functions under this Act.
(2) Whenever required by the Authority, the Garda Commissioner shall submit to the Authority a report on any matters connected with policing services or the performance of the functions of the Commissioner relating to such services that may be specified in the requirement.
(3) A report under subsection (2) shall—
(a) address the matters of general or specific concern that are specified in the Authority’s requirement, and
(b) be made in the form and within the period specified in that requirement.
(4) The Authority may publish all or a part of a report submitted under this section.”.
num: 35
paragraphs: Section 42 (inserted by section 42 of the Criminal Justice Act 2007 ) of the Principal Act is amended—
(a) by the substitution of the following subsections for subsection (1):
“(1) The Minister may, with respect to any matter considered by him or her to be of public concern, on his or her own initiative or, in the case of a matter relating to policing services, either—
(a) having consulted with the Authority, or
(b) on the request of the Authority, where the Authority is satisfied that an inquiry should be ordered,
by order appoint a person to—
(i) inquire into any aspect of the administration, operation, practice or procedure of the Garda SÃ­ochÃ¡na, or the conduct of its members, and
(ii) make a report to the Minister on the conclusion of the inquiry.
(1A) If, following a request under paragraph (b) of subsection (1) from the Authority to do so, the Minister does not make an order under that subsection, the Minister shall inform the Authority of his or her reasons for not doing so.”,
(b) by the substitution of the following subsections for subsection (3):
“(3) The Minister shall, subject to subsection (3A), specify the terms of reference of the inquiry in the order under subsection (1) and may, by order, made at any time before the submission of the final report, amend those terms of reference for the purpose of clarifying, limiting or extending the scope of the inquiry.
(3A) Where the matter the subject of the inquiry relates to policing services, the Minister shall consult with the Authority before specifying or amending, as the case may be, the terms of reference of the inquiry.”,
(c) in subsection (4) —
(i) in paragraph (a), by the insertion of “a member of the Authority nominated for that purpose by the Authority,” after “member of the Garda SÃ­ochÃ¡na,”, and
(ii) in paragraph (b), by the insertion of “, member of the Authority” after “the member”,
(d) in subsection (5), by the insertion of “, the member of the Authority” after “member”,
(e) by the substitution of the following subsection for subsection (6) :
“(6) Where the member, member of the Authority or other person fails to comply with a requirement under subsection (4), the High Court may, on application by the appointed person and on notice to the member, member of the Authority or other person, as may be appropriate—
(a) order the member, member of the Authority or person to comply with the requirement, and
(b) include in the order any other provision it considers necessary to enable the order to have full effect.”,
and
(f) in subsection (7), by the insertion of “, member of the Authority” after “member”.
num: 36
paragraphs: (1) Section 44 of the Principal Act is amended—
(a) in subsection (2), by the insertion of “the Authority” for “the Minister”,
(b) in subsection (3), by the substitution of “The Authority” for “The Minister”,
(c) by the substitution of the following subsection for subsection (4) :
“(4) The members of the audit committee hold office for the period that may be determined by the Authority, but a member—
(a) may resign from the committee by letter addressed to the Authority, or
(b) may at any time be removed from office by the Authority for stated reasons.”,
and
(d) in subsection (5), by the substitution of “determined by the Authority with the consent of the Minister” for “determined by the Minister”.
(2) Where, immediately before the commencement of this section, a person stands appointed by the Minister under section 44 of the Principal Act as a member of the audit committee of the Garda SÃ­ochÃ¡na referred to in that section, the person shall continue to act for the remainder of the period for which he or she was so appointed, and on such terms and conditions as he or she was so appointed, as if he or she were appointed under that section of the Principal Act as it is amended by subsection (1).
num: 37
paragraphs: Section 45 of the Principal Act is amended—
(a) in subsection (1) —
(i) in paragraph (a), by the substitution of “governance and financial matters” for “financial matters”, and
(ii) in paragraph (c), by the substitution of “the Authority and the Minister” for “the Minister”,
and
(b) in subsection (2)(a), by the substitution of “Government guidelines on governance and financial issues” for “Government guidelines on financial issues”.
num: 38
paragraphs: Section 46 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “the Authority” for “the Minister” in both places where it occurs and the substitution of “policing services” for “the policing of the State”,
(b) in subsection (2), by the insertion of “relating to policing services” after “an account of the following”, and
(c) by the insertion of the following subsection after subsection (2):
“(2A) As soon as practicable and not later than 30 days after receiving the report, the Authority shall supply a copy of it to the Minister.”.
num: 39
paragraphs: Section 52(1) of the Principal Act is amended by the substitution of “The Authority, with the approval of the Government,” for “The Government” and the insertion of “not above Assistant Garda Commissioner and” before “not below superintendent”.
num: 40
paragraphs: Section 53 of the Principal Act is amended—
(a) in subsection (1) (b), by the substitution of “the Authority” for “the Government” and the insertion of “not above that of Assistant Garda Commissioner and” before “not below that of superintendent”,
(b) by the substitution of the following subsection for subsection (2):
“(2) Subject to subsection (3), the Authority may comply with a request under subsection (1)(b) but may do so only with the approval of the Government.”,
(c) in subsection (6), by the substitution of “the Authority, with the approval of the Government,” for “the Government”, and
(d) by the addition of the following subsection:
“(7) The Government may terminate an appointment approved by them under subsection (2).”.
num: 41
paragraphs: (1) Section 55 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “the Garda Commissioner, the Authority or the Government, as may be appropriate” for “the Garda Commissioner or the Government, as appropriate”, and
(b) in subsection (3), by the substitution of “the Garda Commissioner, the Authority or the Government” for “the Garda Commissioner or the Government”.
(2) If any steps have been taken before the commencement of this section to discipline a member of the Garda SÃ­ochÃ¡na under section 55 of the Principal Act, that section shall apply to any disciplinary action in relation to the member as if the amendments of it in subsection (1) had not been made.
(3) After the commencement of this section, section 55 of the Principal Act (as amended by subsection (1)) shall, other than in the case of members of the Garda SiochÃ¡na to whom subsection (2) applies, apply to disciplinary action in relation to a member of the Garda SÃ­ochÃ¡na even if the act done or omission made concerned, the doing or omission of which by a member of the Police Service of Northern Ireland would constitute a breach of discipline (within the meaning of that section), occurred before that commencement.
num: 42
paragraphs: Section 56(4) of the Principal Act is amended by the substitution of “the Authority and the Minister” for “the Minister”.
num: 43
paragraphs: Section 62 of the Principal Act is amended—
(a) in subsection (4), by the substitution of the following paragraph for paragraph (c):
“(c) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act,”,
and
(b) in subsection (8), by the substitution of “ section 2 (1) of the Freedom of Information Act 2014 ” for “ section 2 (1) of the Freedom of Information Act 1997 ”.
num: 44
paragraphs: The Principal Act is amended by the insertion of the following Part after Part 2:
“PART 2A
Establishment and Functions of Policing Authority
Establishment day of Authority
62A. The Minister shall, by order, appoint a day to be the establishment day of the Authority.
Establishment of Authority
62B. (1) On the establishment day of the Authority, a body to be known as an tÃdarÃ¡s PÃ³ilÃ­neachta or, in the English language, the Policing Authority stands established to perform the functions assigned to it by this Act.
(2) The Authority shall be a body corporate with perpetual succession and an official seal and may sue, or may be sued, in its corporate name.
(3) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of property other than land or an interest in land.
(4) The official seal of the Authority shall be authenticated by the signature of—
(a) a member of the Authority, and
(b) the Chief Executive or other member of the staff of the Authority authorised by the Authority to act in that behalf.
(5) Judicial notice shall be taken of the seal of the Authority and every document purporting—
(a) to be an instrument made by the Authority, and
(b) to be sealed with the seal of the Authority authenticated in accordance with subsection (4),
shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.
(6) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority to act in that behalf.
(7) Subject to this Act, the Authority shall be independent in the performance of its functions.
Membership of Authority
62C. (1) Subject to this section, the Authority shall comprise 9 members who are to be appointed by the Government:
(a) a chairperson;
(b) 8 ordinary members.
(2) In appointing the members of the Authority, the Government shall have regard to the objective of there being no fewer than 4 members who are women and no fewer than 4 members who are men.
(3) The Government may, before the establishment day of the Authority, designate a person to be appointed as the first chairperson of the Authority.
(4) If, immediately before the establishment day of the Authority, a person stands designated under subsection (3), the person shall, on that day, stand appointed as the first chairperson of the Authority.
(5) The Government may, before the establishment day of the Authority, designate persons to be appointed as the first ordinary members of the Authority.
(6) If, immediately before the establishment day of the Authority, a person stands designated under subsection (5), the person shall, on that day, stand appointed as an ordinary member of the Authority.
(7) Except for the first appointed members of the Authority and subject to section 62E(5), a person shall not be appointed as a member of the Authority unless a resolution has been passed by each House of the Oireachtas recommending his or her appointment.
(8) Except for the first appointed ordinary members of the Authority and subject to section 62E(5), the Government shall appoint the ordinary members of the Authority from among such persons as are recommended by the Service in accordance with section 62D for appointment as such ordinary members.
Recommendations for appointment of ordinary members of Authority
62D. (1) The Government shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government persons who are suitable for appointment as ordinary members of the Authority.
(2) Subject to subsection (3), the Minister shall agree with the Service the selection criteria and process that are to apply to the selection competition.
(3) In making recommendations of persons who are suitable for appointment as ordinary members of the Authority under this section, the Service shall have regard to the desirability of the members of the Authority possessing knowledge of, and experience in, matters connected with the following:
(a) policing matters;
(b) human rights and equality matters;
(c) public sector administration;
(d) board management and corporate governance;
(e) work undertaken by voluntary or other groups or bodies with local communities, in particular, for the purpose of promoting safety in the community, the prevention of crime or promoting awareness of other issues that are relevant to policing services.
(4) Subject to subsection (3), a person shall not be recommended by the Service under this section unless the Service is satisfied that the person is suitable for appointment as an ordinary member of the Authority by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions of the Authority under this Act.
(5) The Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person whom it recommends under this section as suitable for appointment as an ordinary member of the Authority.
(6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the ordinary membership of the Authority.
Terms and conditions of appointment of members of Authority
62E. (1) Subject to subsection (2), a member of the Authority shall hold office, unless the member sooner dies, resigns, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the Government shall determine.
(2) Such four of the ordinary members of the Authority that is first constituted under this Act as are determined by the Government shall hold office for a period of 3 years from the date of their respective appointments as such ordinary members.
(3) A member of the Authority holds office on such terms and conditions as may be determined by the Government at the time of appointment or reappointment.
(4) Subject to subsection (6), a member of the Authority whose term of office expires by the effluxion of time shall be eligible for reappointment as a member of the Authority.
(5) Where it is proposed to reappoint a person as a member of the Authority, it shall not be necessary for the person—
(a) to participate in a selection competition undertaken by the Service under section 62D or to be recommended for reappointment by the Service, or
(b) to be recommended for reappointment following the passing of a resolution of each House of the Oireachtas.
(6) A person who is reappointed as a member of the Authority in accordance with subsection (4) shall not hold office for periods the aggregate of which exceeds 8 years.
(7) A member of the Authority may resign from office by notice in writing addressed to the Minister and the resignation takes effect on the date the Minister receives the notice or, if a date is specified in the notice and the Government agrees to that date, on that date.
(8) Subject to section 62J(5), the Authority may act notwithstanding one or more vacancies in its membership.
Ineligibility for appointment, disqualification for office of member of Authority or committee, cessation of membership, etc.
62F. (1) A person is not eligible to be recommended for or appointed as a member of the Authority or a committee if he or she is—
(a) a member of either House of the Oireachtas,
(b) entitled under the rules of procedure of the European Parliament to sit in that Parliament,
(c) a member of a local authority,
(d) a member of the Garda SÃ­ochÃ¡na or a member of the civilian staff of the Garda SÃ­ochÃ¡na,
(e) a member of the Ombudsman Commission, or
(f) a member of the Garda SÃ­ochÃ¡na Inspectorate.
(2) A person shall be disqualified for holding and shall cease to hold office as a member of the Authority or a committee if he or she—
(a) is adjudicated bankrupt,
(b) makes a composition or arrangement with his or her creditors,
(c) is convicted on indictment of an offence,
(d) is convicted of an offence involving fraud or dishonesty,
(e) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or
(f) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act.
(3) Where a member of the Authority or a committee is—
(a) nominated as a member of Seanad Ãireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,
num: 45
paragraphs: Section 67(1) of the Principal Act is amended by—
(a) in paragraph (a) by the substitution of “members of the Garda SÃ­ochÃ¡na,” for “members of the Garda SÃ­ochÃ¡na, and”, and
(b) the substitution of the following paragraphs for paragraph (b):
“(b) to promote and encourage the use of mediation and other informal means of resolving complaints that are suitable for resolution by such means, and
(c) to promote public confidence in the process for resolving complaints referred to in paragraph (a).”.
num: 46
paragraphs: Section 81 of the Principal Act is amended—
(a) in subsection (2)(d), by the substitution of “personal information (within the meaning of section 2 (1) of the Freedom of Information Act 2014 )” for “personal information (as defined in the Freedom of Information Act 1997 )”, and
(b) in subsection (4), by the substitution of the following paragraph for paragraph (d):
“(d) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act,”.
num: 47
paragraphs: (1) Section 90 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “Ombudsman Commission shall, following consultation with the Garda Commissioner, issue guidelines” for “Ombudsman Commission may issue guidelines”, and
(b) in subsection (7), by the substitution of “Ombudsman Commission may, following consultation with the Garda Commissioner, revise any guidelines issued under this section or withdraw those guidelines” for “Ombudsman Commission may revise any guidelines issued under this section or may withdraw those guidelines”.
(2) Guidelines issued by the Garda SÃ­ochÃ¡na Ombudsman Commission under section 90 of the Principal Act before the commencement of this section continue in force until they are replaced by guidelines issued under that section of the Principal Act as it is amended by subsection (1).
num: 48
paragraphs: Section 102 (as amended by section 6 of the Act of 2015) of the Principal Act is amended—
(a) by the insertion of the following subsection after subsection (4):
“(4A) The Authority may, if it appears to it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter relating to policing services that gives rise to a concern that a member of the Garda SÃ­ochÃ¡na may have done anything referred to in subsection (4), and the Commission shall investigate that matter.”,
(b) in subsection (5A), by the substitution of “subsection (4), (4A) or (5) ” for “subsection (4) or (5) ”,
(c) in subsection (6), by the substitution of “subsection (4), (4A) or (5) ” for “subsection (4)or (5) ”, and
(d) by the addition of the following subsection after subsection (6):
“(7) Notwithstanding subsections (4A) and (5) —
(a) the Authority may refer to the Ombudsman Commission any matter relating to policing services, and
(b) the Minister may refer to the Ombudsman Commission any matter,
that gives rise to a cause for concern that a member of the Garda SÃ­ochÃ¡na may have done anything referred to in subsection (4) for the Commission to consider whether the matter is one that it should investigate under that subsection.”.
num: 49
paragraphs: Section 102B (inserted by section 7 of the Act of 2015) of the Principal Act is amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) The Authority may, if it appears to it desirable in the public interest to do so and subject to the consent of the Minister, request the Ombudsman Commission to investigate any matter that gives rise to a concern that the Garda Commissioner may, in the performance of his or her functions relating to policing services, have done anything referred to in subsection (1), and the Commission shall investigate that matter.”,
(b) in subsection (3), by the substitution of “any matter under subsection (1) ” for “any matter under subsection (2) ”,
(c) by the insertion of the following subsection after subsection (3):
“(3A) If the Minister refuses to consent to the Authority making a request for an investigation by the Ombudsman Commission under subsection (1A), he or she shall inform the Authority of his or her reasons for the refusal.”,
(d) by the insertion of the following subsections after subsection (3A) (inserted by paragraph (c)):
“(3B) The Minister shall issue a directive to a Deputy Garda Commissioner or an Assistant Garda Commissioner requiring him or her to take any lawful measures that appear to him or her to be necessary or expedient for the purposes of—
(i) preserving evidence relating to the conduct of the Garda Commissioner that is the subject of an investigation of a matter under subsection (1), (1A) or (2), and
(ii) facilitating the Ombudsman Commission to obtain that evidence.
(3C) A Deputy Garda Commissioner or an Assistant Garda Commissioner to whom a directive is issued under subsection (3B) shall comply with the directive.”,
(e) in subsection (4), by the substitution of “a matter under subsection (1), (1A) or (2)” for “a matter under subsection (1) or (2)” in both places where it occurs, and
(f) in subsection (5), by the substitution of “an investigation under subsection (1), (1A) or (2)” for “an investigation under subsection (1) or (2)”.
num: 50
paragraphs: Section 103(1) of the Principal Act is amended by the substitution of the following paragraph for paragraph (c) (inserted by section 8(b) of the Act of 2015):
“(c) if the investigation is one to which section 102B applies—
(i) the Garda Commissioner,
(ii) the Authority,
(iii) the Minister, and
(iv) any other person that the Commission considers has a sufficient interest in the matter.”.
num: 51
paragraphs: Section 104 of the Principal Act is amended by the substitution of “within 18 months from the date of the offence” for “within 12 months from the date of the offence”.
num: 52
paragraphs: The Principal Act is amended by the substitution of the following section for section 106 (as amended by section 10 of the Act of 2015):
“106. (1) For the purpose of preventing complaints arising in relation to a practice, policy or procedure of the Garda SÃ­ochÃ¡na or of reducing the incidence of such complaints, the Ombudsman Commission—
(a) may, if it considers it appropriate to do so, or
(b) shall, if so requested by—
(i) the Minister within such period as he or she may specify in the request, or
(ii) the Authority, in respect of any matter relating to policing services, within such period as it may specify in the request,
examine the practice, policy or procedure.
(2) The Minister shall notify the Authority of a request made by him or her under subsection (1)(b).
(3) The Authority shall notify the Minister of a request made by it under subsection (1)(b).
(4) The Ombudsman Commission shall, before commencing an examination of a practice, policy or procedure under subsection (1), inform the Garda Commissioner in writing of—
(a) if appropriate, the nature of a request from the Minister under subsection (1)(b)(i) or the Authority under subsection (1)(b)(ii), as the case may be,
(b) the specific practice, policy or procedure to be examined under subsection (1), and
(c) the reasons for the examination.
(5) The Ombudsman Commission shall—
(a) report to—
(i) the Minister as soon as practicable or, if appropriate, within such period as the Minister specifies in his or her request under subsection (1)(b) (i), or
(ii) the Authority as soon as practicable or, if appropriate, within such period as the Authority specifies in its request under subsection (1)(b) (ii),
as the case may be, on the results of the examination,
(b) include in the report any recommendations of the Commission for achieving the purpose referred to in subsection (1) in relation to the practice, policy or procedure examined, and
(c) provide the Garda Commissioner with a copy of the report.
(6) The Authority shall, as soon as practicable, provide the Minister with a copy of any report received by it under subsection (5)(a).
(7) The Minister may, if he or she considers it appropriate to do so having regard to the functions of the Authority under this Act, provide the Authority with a copy of any report received by him or her under subsection (5)(a).
(8) Subject to subsection (9), the Minister shall cause copies of any reports received by him or her under subsection (5) or (6) to be laid before the Houses of the Oireachtas.
(9) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas under subsection (8) any matter which, in his or her opinion—
(a) would be prejudicial to the interests of national security, or
(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.”.
num: 53
paragraphs: Section 117 of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (2) (as amended by section 11 of the Act of 2015):
“(2) The functions of the Inspectorate are—
(a) in furtherance of its objective to carry out, if it considers it appropriate to do so or at the request of—
(i) the Authority in respect of a matter relating to policing services, or
(ii) the Minister,
inspections or inquiries in relation to any particular aspects of the operation and administration of the Garda SÃ­ochÃ¡na,
(b) to submit to the Authority or the Minister, as the case may be—
(i) a report on those inspections or inquiries, and
(ii) if required by—
(I) the Authority in relation to policing services, or
(II) the Minister,
as the case may be, a report on the operation and administration of the Garda SÃ­ochÃ¡na during a specified period and on any significant developments in that regard during that period,
and
(c) to provide advice to the Authority and the Minister with regard to best policing practice.”,
(b) by the insertion of the following subsections after subsection (3):
“(3A) The Authority shall notify the Minister of a request made by it under subsection (2)(a) and shall, as soon as practicable, provide the Minister with a copy of any report received by it under subsection (2)(b).
(3B) The Minister shall notify the Authority of a request made by him or her under subsection (2)(a) and may, if he or she considers it appropriate having regard to the functions of the Authority under this Act, provide the Authority with a copy of any report received by him or her under subsection (2)(b).”,
and
(c) in subsection (4), by the substitution of “subsection (2)(b) or (3A)” for “subsection (2)(b)”.
num: 54
paragraphs: The Principal Act is amended by the insertion of the following section after section 117:
“117A.(1) The Minister or the Authority, as may be appropriate, may monitor and assess the measures taken by the Garda SÃ­ochÃ¡na in relation to the recommendations contained in a report prepared by the Garda SÃ­ochÃ¡na Inspectorate and submitted to the Minister or the Authority under section 117(2) (b).
(2) Without prejudice to subsection (1), the Minister may request the Authority to monitor and assess the measures taken by the Garda SÃ­ochÃ¡na in relation to such of the recommendations contained in a report prepared by the Garda SÃ­ochÃ¡na Inspectorate, and submitted to the Minister or the Authority under section 117(2) (b), as the Minister may specify in the request.
(3) The Garda Commissioner shall supply the Minister and the Authority with such information and documents as the Minister or the Authority, as the case may be, may require for the purposes of this section.
(4) The Authority shall, as soon as practicable after a request to it under subsection (2), submit to the Minister a report on the matter the subject of the request and may include in the report any other matter connected with the subject matter of the request that it considers should be brought to the attention of the Minister.”.
num: 55
paragraphs: Section 121(2) of the Principal Act is amended by the insertion of the following paragraph after paragraph (a):
“(aa) the Authority;”.
num: 56
paragraphs: Section 122 of the Principal Act is amended by—
(a) in subsection (1), the insertion of “and the Authority” after “after consulting with the Garda Commissioner”, and
(b) the deletion of subsections (2) and (3).
num: 57
paragraphs: Section 123 of the Principal Act is amended—
(a) in subsection (1), by the insertion of “and the Authority” after “after consulting with the Garda Commissioner”,
(b) by the deletion of subsection (2) (b), and
(c) in subsection (4) —
(i) in paragraph (d), by the insertion of “a board, the Garda Commissioner, the Authority or the Government” for “a board, the Garda Commissioner or the Government”, and
(ii) in paragraph (e), by the insertion of “a board, the Garda Commissioner or the Authority” for “a board or the Garda Commissioner”.
num: 58
paragraphs: Section 125(1) of the Principal Act is amended by the insertion of “and the Authority” after “after consulting with the Garda Commissioner”.
num: 59
paragraphs: (1) The regulations continued or made under the Principal Act before it was amended by this Act continue in force until they are revoked by the Minister under section 128 of the Principal Act or this section, as may be appropriate, or other regulations are made in their place under Part 6 of the Principal Act (as amended by this Part).
(2) The Minister may, with the approval of the Government, amend or revoke regulations continued in force under subsection (1) .
(3) An order made under subsection (5) of section 38 of the Principal Act before it was amended by section 31 continues in force until it is revoked by the Authority by order made with the approval of the Government or another order is made under that subsection of that section of the Principal Act in its place.
num: 60
paragraphs: Section 18A (inserted by section 132 of the Principal Act) of the Comptroller and Auditor General (Amendment) Act 1993 is amended by the substitution of “Garda SÃ­ochÃ¡na and the Policing Authority as though they were Departments” for “Garda SÃ­ochÃ¡na as though it were a Department”.
num: 61
paragraphs: (1) The Minister shall, in consultation with the Minister for Public Expenditure and Reform, not later than 5 years after the establishment day of the Authority, review the operation of the amendments of the Principal Act made by this Act insofar as those amendments relate to the Authority.
(2) A review under subsection (1) shall be completed not later than one year after its commencement.
(3) Having completed the review, the Minister shall, in consultation with the Minister for Public Expenditure and Reform, prepare a report setting out such findings as the Minister considers appropriate consequent on such review.
(4) The Minister shall cause a copy of a report prepared under subsection (3) to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.