Policing, Security and Community Safety Act 2024

Policing, Security and Community Safety Act 2024 Permanent Page URL View by Section Amharc de réir Ailt View Full Act Amharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDF Oscail PDF Priontáil an tAcht Iomlán Previous Section Alt Roimhe Next Section An Chéad Alt Eile Priontáil an tAlt 2024 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 PART 1 Preliminary and General 1. Short title and commencement 2. Interpretation (General) 3. Security services 4. Policing principles 5. Repeals 6. Expenses PART 2 An Garda Síochána Chapter 1 Preliminary and General (Part 2) 7. Definitions (Part 2) 8. Continuation of An Garda Síochána 9. Function of An Garda Síochána 10. Prosecution of offences by members of An Garda Síochána Chapter 2 11. Establishment of Board 12. Functions of Board 13. Provision of information to Board by Garda Commissioner 14. Accountability of Board to Minister 15. Membership of Board 16. Recommendations for appointment as members of Board 17. Terms of appointment and conditions of office of members of Board 18. Ineligibility for appointment, disqualification from office of member of Board, committee of Board or audit committee, cessation of membership, etc. 19. Removal of member of Board 20. Removal of all members of Board 21. Establishment of committees of Board 22. Meetings and procedures of Board 23. Secretary to Board 24. Functions of Secretary to Board 25. Secretariat, premises and staff of Board Chapter 3 Garda Commissioner and Deputy Garda Commissioner 26. Appointment of Garda Commissioner 27. Appointment of Deputy Garda Commissioner 28. Power of Deputy Garda Commissioner to perform functions of Garda Commissioner 29. Resignation of Garda Commissioner or Deputy Garda Commissioner 30. Suspension from duty of Garda Commissioner or Deputy Garda Commissioner 31. Removal from office of Garda Commissioner or Deputy Garda Commissioner 32. Inquiry under section 31(3)(a) Chapter 4 Functions and duties of Garda Commissioner 33. Functions of Garda Commissioner 34. Independence and accountability of Garda Commissioner 35. Duty of Garda Commissioner to account to Government and Minister and to provide material to Attorney General 36. Duty of Garda Commissioner to provide information to Minister 37. Directives from Minister 38. Provision of material to State Claims Agency 39. Delegation of functions of Garda Commissioner 41. Power of Garda Commissioner to appoint consultants and advisers 42. Arrangements for obtaining views of public 43. Provision of services for certain events, etc. Chapter 5 Garda personnel 44. Garda personnel 45. Ranks, numbers in each rank, terms and conditions 46. Solemn declaration 47. Appointment of persons to rank of Assistant Garda Commissioner or chief superintendent 48. Suspension from duty, removal from office, of Assistant Garda Commissioner or chief superintendent 49. Inquiry under section 48(3)(a) 50. Appointment of persons to, suspension of persons from, ranks below rank of chief superintendent 51. Dismissal for reasons of public confidence of members below the rank of chief superintendent 52. Powers of persons appointed to rank of reserve garda 53. Admission of trainees 54. Appointment of members of garda staff 55. Superannuation (Part 2) 56. Direction and control of An Garda Síochána 57. Duty of members of garda personnel to account 58. Undertaking by members of garda staff 59. Representative associations 60. Proof of membership, rank or grade in An Garda Síochána Chapter 6 Governance and accountability of An Garda Síochána 61. Setting of priorities by Authority for policing services 62. Determination of priorities by Minister for security services 63. Strategic plan 64. Publication and implementation of strategic plan 65. Annual service plan 66. Amendment of annual service plan following approval under section 65 67. Implementation of annual service plan 68. Capital plan 69. Publication and implementation of capital plan 70. Annual report 71. Governance framework for An Garda Síochána 72. Accountability of Garda Commissioner for accounts of An Garda Síochána 73. Attendance of Garda Commissioner before other Oireachtas committees 74. Audit committee 75. Functions of audit committee 76. Provisions supplementary to section 75 77. Statistical information Chapter 7 Codes of ethics, standards of integrity, unauthorised disclosure of information 78. Code of ethics for members of garda personnel 79. Standards of integrity, codes of ethics for members of Board or committee, advisers or consultants, etc. 80. Confidentiality of certain information (Part 2) Chapter 8 Special inquiries relating to administration, operation, practice or procedure of An Garda Síochána or conduct of members of garda personnel 81. Interpretation (Part 2) (Chapter 8) 82. Special inquiries relating to administration, operation, practice or procedure of An Garda Síochána or conduct of members of garda personnel 83. Terms of reference of special inquiries 84. Timeframe of special inquiries 85. Powers of appointed person 86. Conduct of special inquiries 87. Rules and procedures of special inquiries 88. Reports of special inquiries 89. Appointment of replacement appointed person 90. Transitional provisions relating to special inquiries under Act of 2005 Chapter 9 International service and cooperation with police services, law enforcement agencies or other relevant person outside State 91. Interpretation (Part 2) (Chapter 9) 92. International service 93. Power to enter into agreements with other law enforcement agencies, relevant persons or bodies outside State 94. Secondment from Police Service of Northern Ireland to certain ranks of An Garda Síochána 95. Secondment from An Garda Síochána to Police Service of Northern Ireland 96. Breach of standards of professional behaviour by seconded members of An Garda Síochána 97. Breach of standards of professional behaviour by seconded members of Police Service of Northern Ireland Chapter 10 Offences of causing disaffection, impersonation 98. Causing disaffection 99. Offence of impersonating member of An Garda Síochána 100. Other offences relating to impersonation Chapter 11 Miscellaneous (Part 2) 102. Legal aid for members of An Garda Síochána PART 3 Community Safety 103. Definitions (Part 3) 104. Designation of public service body 105. Designation of committee of Government 106. National strategy for improving community safety 107. Steering Group 108. National Office 109. Director of National Office 110. Attendance of Director before Oireachtas committees 111. Staff of National Office 112. Superannuation (Part 3) 113. Provision of services to National Office 114. Regulations concerning safety partnerships 115. Regulations concerning area-based neighbourhood community safety fora 116. Functions of safety partnerships 117. Staffing of safety partnerships 118. Duties of public service bodies PART 4 Chapter 1 Definitions (Part 4) 119. Definitions (Part 4) Chapter 2 120. Establishment day of Authority 121. Establishment of Authority 122. Objective, functions and powers of Authority 123. Membership of Authority 124. Recommendations for appointment of ordinary members of Authority 125. Terms of appointment and conditions of office of members of Authority 126. Ineligibility for appointment, disqualification from office of member of Authority or committee of Authority, cessation of membership, etc. 127. Removal of member of Authority 128. Committees of Authority 129. Appointment of chief executive of Authority 130. Meetings and business of Authority 131. Staff of Authority 133. Duty of Garda Commissioner to facilitate performance by Authority of its functions 134. Duty of Director to assist Authority 135. Application of Freedom of Information Act 2014 to Authority Chapter 3 Governance and accountability of Authority 136. Governance framework for Authority 137. Strategy statement for Authority 138. Annual and other reports to Minister 139. Standards of integrity, codes of ethics for members of Authority or committee of Authority, advisors or consultants, etc. 140. Accountability for accounts of Authority 141. Attendance of chief executive of Authority before other Oireachtas committees Chapter 4 Inspections by Authority 142. Inspectors of policing services 143. Inspections by Authority 144. Prescribed inspection body 145. Joint Inspections 146. Inspection plan 147. Powers of inspector of policing services 148. Memorandum of understanding 149. Reports of inspections undertaken on Authority’s initiative 150. Reports of inspections undertaken at request of Minister 151. Monitoring and assessment of measures in relation to recommendations in inspection reports Chapter 5 Unauthorised disclosure of information 152. Confidentiality of information connected with inspection 153. Confidentiality of certain information (Part 4) Chapter 6 Dissolution of Policing Authority 154. Dissolution of Policing Authority 155. Transfer of staff of Policing Authority 156. Transfer of property of Policing Authority 157. Transfer of rights and liabilities, and continuation of leases, licenses and permissions granted by Policing Authority 159. Records of Policing Authority 160. Transitional provisions relating to Policing Authority 161. Liability for loss on part of Policing Authority occurring before establishment day of Authority 162. Final accounts and final annual report of Policing Authority Chapter 7 Dissolution of Garda Síochána Inspectorate 163. Dissolution of Garda Síochána Inspectorate 164. Transfer of member of Garda Síochána Inspectorate 166. Records of Garda Síochána Inspectorate 167. Transitional provisions relating to Garda Síochána Inspectorate 168. Liability for loss on part of Garda Síochána Inspectorate occurring before establishment day of Authority PART 5 Police Ombudsman Chapter 1 Preliminary and General (Part 5) 169. Definition (Part 5) 170. Continuation of Garda Síochána Ombudsman Commission as Fiosrú - Oifig an Ombudsman Póilíneachta Chapter 2 Appointment and functions of Police Ombudsman 171. Appointment of Police Ombudsman and Deputy Police Ombudsman 172. Disapplication in exceptional circumstances of section 171(4) 173. Objectives, functions and powers of Police Ombudsman 174. Terms of appointment and conditions of office of Police Ombudsman and Deputy Police Ombudsman 175. Power of Deputy Police Ombudsman to perform functions of Police Ombudsman 176. Officers of Police Ombudsman 177. Designated officers and senior designated officers 178. Appointment of chief executive officer of Police Ombudsman 179. Delegation of functions of Police Ombudsman 181. Special assistance 182. Power of Police Ombudsman to enter into agreements with law enforcement agencies or other relevant persons or bodies outside State Chapter 3 Governance and accountability of Police Ombudsman 183. Governance framework of Office of Police Ombudsman 184. Strategy statement of Office of Police Ombudsman 185. Annual reports and special reports by Police Ombudsman 186. Standards of integrity, codes of ethics for Police Ombudsman, Deputy Police Ombudsman, officers of the Police Ombudsman, advisers or consultants, etc. 187. Accountability for accounts of Office of Police Ombudsman 188. Attendance of relevant person before other Oireachtas committees 189. Immunity and indemnification Chapter 4 Miscellaneous (Part 5) 190. Qualified privilege for certain statements and publications 191. Confidentiality of information obtained by Police Ombudsman 192. Final accounts and final annual report of Garda Síochána Ombudsman Commission PART 6 Complaints, Investigations and Other Matters Chapter 1 Preliminary and General (Part 6) 193. Interpretation (Part 6) 194. Application of Part Chapter 2 Complaints, investigations and other matters 195. Complaints by members of public 196. Making, recording of complaints, etc. 197. Time limits for making complaints 198. Determination of admissibility of complaints 199. Admissible complaints 200. Categories of complaints suitable for resolution by An Garda Síochána 201. Establishment of arrangements for handling complaints suitable for resolution by An Garda Síochána 202. Application of arrangements for handling complaints suitable for resolution by An Garda Síochána 203. Matter concerning death of, or serious harm to, a person 204. Notification to Police Ombudsman of incident of concern 205. Investigation of matters in public interest 206. Protected disclosures relating to An Garda Síochána 207. Investigation of matters relating to Garda Commissioner by Police Ombudsman 208. Investigations 209. Powers equivalent to member of An Garda Síochána when undertaking investigation 211. Additional powers for purpose of undertaking investigations 212. Privileged legal material 213. Power to discontinue investigation 214. Referral by Police Ombudsman to Director of Public Prosecutions 215. Other referrals by Police Ombudsman following investigation 216. Duty to keep certain persons informed 217. Provision of information and documents to Police Ombudsman by Garda Commissioner Chapter 3 Miscellaneous (Part 6) 219. Duty to preserve evidence 220. Duty of members of garda personnel to account to designated officer 221. Extension of time limit for instituting summary proceedings for offences 222. Same act or omission may form basis for complaint or charge 223. Protocols 224. Review by Police Ombudsman 225. Judicial inquiry into conduct of Police Ombudsman, Deputy Police Ombudsman and policies, practices or procedures of Office of Police Ombudsman 226. Offence of providing false or misleading information 227. Jurisdiction to investigate offences under Part 228. Transitional provisions relating to complaints, investigations and other matters under Act of 2005 PART 7 Independent Examiner of Security Legislation Chapter 1 Preliminary and General (Part 7) 229. Definitions (Part 7) 230. Specification of security legislation Chapter 2 Establishment of office 231. Establishment day of office 232. Establishment of office Chapter 3 Independent Examiner 233. Appointment of Independent Examiner 234. Objectives, functions and powers of Independent Examiner 235. Terms and conditions of appointment of Independent Examiner 236. Power of Taoiseach to designate person to perform functions of Independent Examiner 237. Ineligibility for appointment and disqualification from office of Independent Examiner 238. Resignation of Independent Examiner 239. Removal of Independent Examiner 240. Provision of services and staff to Independent Examiner 242. Additional powers of Independent Examiner 243. Reviews and recommendations by Independent Examiner Chapter 4 244. Annual report of Independent Examiner 245. Special reports of Independent Examiner 246. Report on effectiveness of office and functions by Independent Examiner 247. Publication of reports by Independent Examiner 248. Response by Taoiseach to reports of Independent Examiner 249. Sensitive information Chapter 5 250. Confidentiality of sensitive information (Part 7) 251. Security of information PART 8 252. Regulations and orders 253. General power to make regulations 254. Regulations relating to management of An Garda Síochána 255. Regulations relating to establishment, maintenance and operation of regime of testing for controlled drugs and psychoactive substances 256. Performance Regulations 257. Conduct Regulations 258. Regulations relating to standards of professional behaviour 259. Regulations relating to fees for provision of vetting services 260. Regulations relating to matters concerning security of State 261. Continuation of certain regulations and orders PART 9 262. Dissolution of Garda Síochána Reward Fund 263. Exercise of special powers by security officers 264. Sharing of information for performance of functions PART 10 265. Amendment of Fisheries (Consolidation) Act 1959 266. Amendment of Coroners Act 1962 267. Amendment of Second Schedule to Ombudsman Act 1980 268. Amendment of section 98 of Postal and Telecommunications Services Act 1983 269. Amendment of Criminal Justice Act 1984 270. Amendment of Schedule to National Archives Act 1986 271. Amendment of Industrial Relations Act 1990 272. Amendment of Second Schedule to Electoral Act 1992 273. Amendment of section 18A of Comptroller and Auditor General (Amendment) Act 1993 274. Amendment of Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 275. Amendment of Schedule 13 to Taxes Consolidation Act 1997 276. Amendment of section 257C of Children Act 2001 277. Amendment of section 4 of Public Service Superannuation (Miscellaneous Provisions) Act 2004 278. Amendment of section 46 of Disability Act 2005 279. Amendment of section 38 of Act of 2005 280. Amendment of section 95A of Criminal Justice (Mutual Assistance) Act 2008 281. Amendment of Criminal Justice (Surveillance) Act 2009 282. Amendment of section 35 of Housing (Miscellaneous Provisions) Act 2009 283. Amendment of section 40A of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 284. Amendment of section 81 of Road Traffic Act 2010 285. Amendment of Communications (Retention of Data) Act 2011 286. Amendment of section 26 of Welfare of Greyhounds Act 2011 287. Amendment of section 6 of Europol Act 2012 288. Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012 289. Amendment of section 55 of Animal Health and Welfare Act 2013 290. Amendment of section 9 of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 291. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 292. Amendment of Freedom of Information Act 2014 293. Amendment of Schedule 2 to Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 294. Amendment of section 7 of Criminal Justice (Offences Relating to Information Systems) Act 2017 296. Amendment of Criminal Justice (Victims of Crime) Act 2017 297. Amendment of Criminal Justice (Corruption Offences) Act 2018 298. Amendment of section 3 of Criminal Justice (International Co-operation) Act 2019 299. Amendment of section 2 of Criminal Records (Exchange of Information) Act 2019 300. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 301. Amendment of Garda Síochána (Compensation) Act 2022 302. Amendment of Garda Síochána (Recording Devices) Act 2023 SCHEDULE 1 SCHEDULE 2 Solemn Declaration by Members SCHEDULE 3 Terms and Conditions of Civilian Staff who BecomeGarda Staff SCHEDULE 4 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 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 SCHEDULE 5 Appointment as Police Ombudsman or Deputy Police Ombudsman of Person Holding Judicial Office SCHEDULE 6 Appointment as Independent Examiner of Person Holding Judicial Office 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 Animal Health and Welfare Act 2013 (No. 15) Carer’s Leave Act 2001 (No. 19) Children Act 2001 (No. 24) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Commissions of Investigation Act 2004 (No. 23) Communications (Retention of Data) Act 2011 (No. 3) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Coroners Act 1962 (No. 9) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts of Justice Act 1947 (No. 20) Criminal Justice (Corruption Offences) Act 2018 (No. 9) Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) Criminal Justice (International Co-operation) Act 2019 (No. 27) Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20) Criminal Justice (Legal Aid) Act 1962 (No. 12) Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6) Criminal Justice (Mutual Assistance) Act 2008 (No. 7) Criminal Justice (Offences Relating to Information Systems) Act 2017 (No. 11) Criminal Justice (Psychoactive Substances) Act 2010 (No. 22) Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4) Criminal Justice (Surveillance) Act 2009 (No. 19) Criminal Justice (Terrorist Offences) Act 2005 (No. 2) Criminal Justice (Victims of Crime) Act 2017 (No. 28) Criminal Justice Act 1984 (No. 22) Criminal Justice Act 2007 (No. 29) Criminal Law Act 1976 (No. 32) Criminal Law Act 1997 (No. 14) Criminal Procedure Act 1967 (No. 12) Criminal Records (Exchange of Information) Act 2019 (No. 51) Data Protection Act 1988 (No. 25) Data Protection Act 2018 (No. 7) Disability Act 2005 (No. 14) Education and Training Boards Act 2013 (No. 11) Electoral Act 1992 (No. 23) Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Europol Act 2012 (No. 53) Fisheries (Consolidation) Act 1959 (No. 14) Freedom of Information Act 2014 (No. 30) Gaeltacht Act 2012 (No. 34) Garda Síochána (Compensation) Act 2022 (No. 33) Garda Síochána (Functions and Operational Areas) Act 2022 (No. 7) Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (No. 49) Garda Síochána (Recording Devices) Act 2023 (No. 32) Garda Síochána Act 1924 (No. 25) Garda Síochána Act 2005 (No. 20) Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33) Housing (Miscellaneous Provisions) Act 2009 (No. 22) Industrial Relations Act 1990 (No. 19) Inland Fisheries Act 2010 (No. 10) Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 (No. 10) Interpretation Act 2005 (No. 23) Irish Human Rights and Equality Commission Act 2014 (No. 25) Law Reform Commission Act 1975 (No. 3) Legal Services Regulation Act 2015 (No. 65) Local Government Act 2001 (No. 37) Ministers and Secretaries (Amendment) Act 1956 (No. 21) Ministers and Secretaries (Amendment) Act 2011 (No. 10) Misuse of Drugs Act 1977 (No. 12) National Archives Act 1986 (No. 11) (No. 26) National Treasury Management Agency (Amendment) Act 2000 (No. 39) National Treasury Management Agency (Amendment) Act 2014 (No. 23) National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47) Official Secrets Act 1963 (No. 1) Ombudsman Act 1980 (No. 26) Organisation of Working Time Act 1997 (No. 20) Parent’s Leave and Benefit Act 2019 (No. 35) Paternity Leave and Benefit Act 2016 (No. 11) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Police Forces Amalgamation Act 1925 (No. 7) Postal and Telecommunications Services Act 1983 (No. 24) Prisons Act 2007 (No. 10) Private Security Services Act 2004 (No. 12) Prosecution of Offences Act 1974 (No. 22) Protected Disclosures Act 2014 (No. 14) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7) Road Traffic Act 1961 (No. 24) Road Traffic Act 2010 (No. 25) Sex Offenders Act 2001 (No. 18) Standards in Public Office Act 2001 (No. 31) Taxes Consolidation Act 1997 (No. 39) Welfare of Greyhounds Act 2011 (No. 29) 2024 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 An 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 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 group to be known as An Grúpa Stiúrtha Náisiúnta um Shábháilteacht Pobail and to provide for its functions; to provide for the establishment of a body to be known as An Oifig Náisiúnta um Shábháilteacht Pobail 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 and to provide for its functions; to provide for the change of name of the body known as Coimisiún Ombudsman an Gharda Síochána Fiosrú - Oifig an Ombudsman Póilíneachta and to amend and extend its functions; to provide for the appointment of An tOmbudsman Póilíneachta An Leas-Ombudsman Póilíneachta oifig an Scrúdaitheora Neamhspleách um Reachtaíocht Slándála and to provide for its functions; to provide for the appointment of a person to be An Scrúdaitheoir Neamhspleách um Reachtaíocht Slándála Garda Síochána Act 2005 ; to amend certain enactments; and to provide for related matters. th February , 2024] Be it enacted by the Oireachtas as follows: