Functions & Duties

Policing Principles

The statutory policing principles are that policing services are to be provided independently and impartially, in a manner that respects human rights, and in a manner that supports the proper and effective administration of justice. The principle is that effective and efficient policing is dependent on securing the confidence, support and cooperation of local communities and engaging with them.

The objectives of the Garda Síochána are formally stated to be

preserving peace and order,
protecting life and property,
vindicating the human rights of individuals,
protecting the security of the State,
preventing crime,
bringing criminals to justice, including by directing and investigating crime,
regulating traffic and road safety.

The Gardai also have such other functions as are conferred by law including in relation to immigration and other matters.

Security Functions

The security services functions of An Garda Síochána are concerned with protecting the security of the State including but not limited to:

preventing terrorist-type offences;
protecting the State from sabotage,
espionage,
unlawful acts intended to undermine democracy in the institutions of the State;
clandestine or deceptive acts of foreign interests;
identifying foreign capabilities, intentions or activities within or relating to the State that impact on international well-being and economic operation of the State;
cooperating with authorities in other States and international organisations aimed at preserving international peace, public order and security.

Protecting security does not involve lawful advocacy, protest or dissent activities. Questions as to whether a particular matter relates to policing or security services may be referred to the Minister for resolution.

Prosecution

Members of The Garda Síochána may institute and prosecute cases in the District Court. The DPP may give directions regarding prosecutions by members of an Garda Síochána. They may be general or specific directions, including directions regarding specified types of offences in specified circumstances, and conduct the proceedings through a specified stage.

The DPP may assume the conduct of proceedings initiated by a member of an Garda Síochána or authorise the member to institute the proceedings without the consent of the DPP. If legislation provides, DPP consent is required.

Ethics & Intergrity

The members of Garda Síochána must take care that they discharge their duties with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and according to equal respect. They shall not, while in the Gardai, be a member of a political party or any secret society whatsoever.

The Department of Justice publishes regulations establishing a code of ethics, including standards of conduct and practice for members of the Garda Síochána. The code may be prepared in draft by the Commissioner subject to approval by the Minister.

Wrongs in the Course of Duty

When a member of a Garda Síochána commits a civil wrong in the course of his duty, the state is liable for damages as if he were an employee. The member of the Garda Síochána concerned need not be named, although he may be joined as a party to the proceedings. In this context, civil wrong includes a breach of civil wrongs or constitutional rights.

The Department may pay the legal costs of the member of Garda Síochána charged with an offence if the acts alleged to constitute the offence was done directly in the performance of the member’s functions and the Department is of the opinion that the financial circumstances would result in undue hardship.

Strategy Statement & Report

Every three years the Garda Commissioner is to submit for approval a strategy statement for the Garda Síochána and for policing for a three-year period. This must include a mission statement, medium-term objectives, strategies to achieve objectives, identification of issues of concern to the State and plans for managing those issues.

In preparing the strategy, the Garda Síochána is to have regard to government policy, priorities, available resources, and the need to ensure the most beneficial and effective use of resources. The Garda Commissioner is to prepare an annual policing plan setting out arrangements for the policing of the state for the following year, including any proposals to establish or dissolve a national unit of the Garda Síochána, alter divisional boundaries and open or close Garda Síochána stations. The plan is to be determined in accordance with the above priority statements, strategy statements, governmental directives, available resources and government policies.

At the end of every three-year period the Garda Commissioner is to submit a report containing a review of the effectiveness management and deployment of resources during the previous three-year period. The report may contain recommendations necessary for improving the management and deployment of resources. The report is to be laid before the Oireachtas.

The Garda Commissioner must make arrangements to obtain the views of the public on matters concerning policing and the state of crime. The Minister must approve the arrangements.

Offences re An Garda Siochana

It is an offence to induce or do anything calculated to induce a member of a Garda Síochána to withhold services or commit a breach of discipline. The offence is subject on summary conviction for a fine up to €3000 and 12 months imprisonment or a fine not exceeding €50,000 or imprisonment up to five years or both on conviction on indictment.

It is an offence to impersonate a member of an Garda Síochána or make any statement or do an act calculated whilst he did suggest that he is a member. The penalties are the same as above.

It is an offence to be in possession of any article of Garda uniform or equipment without having good cause. It is an offence to put on or wear any article of Garda uniform without reasonable excuse or any imitation of such article or uniform or for the purpose of doing or procuring to be done any act which he would not be entitled by law to do, procure to be done or assume the name, designation and description of any rank or of any member of a Garda Síochána.

It is an offence without lawful authority to have in one’s possession or use in connection with any trade or business or any purpose any article, equipment, or vehicle having a distinct badge or a crest resembling that of the Garda Síochána so as to be likely to deceive. The wearing of a uniform or dress in a performance in a theatre film or TV or with the prior approval of Garda Síochána is permitted.

Disclosure of Information

Any person who is a member of in Garda Síochána or of its civilian staff or engaged in contract by an Garda Síochána shall not disclose any information obtained in the course of carrying out his duties if he knows the disclosure of the information is likely to have a harmful effect.

Information likely to have a harmful effect would include

that facilitating the commission of an offence,
prejudicing the safekeeping of a person in custody,
preventing the detection or investigation of offence,
impeding the apprehension or prosecution of an offender,
prejudicing the Garda Síochána system of communication
resulting in the identification of a witness to criminal proceedings whose identity is not a matter of public knowledge.
resulting in the publication of information relating to a person who is a witness of such a nature that would be likely to discourage the person from giving evidence,
resulting in the publication of personal information which constitutes an unwarranted and serious infringement of a personal right to privacy,
reveals information provided in confidence by another state international organisation or police force,
adversely affects international relations, including those with Northern Ireland.

A person is presumed, for the purpose of the offence, to know that the disclosure of information is likely to have a harmful effect if a reasonable person would, in the circumstances, be aware that the disclosure could have this effect.

The provision does not prevent disclosure of information to the Department, DPP, Chief State Solicitor, CAB, Comptroller and Auditor General, Garda Ombudsman, the Garda Inspectorate, the Revenue Commissioners, the Courts, Tribunals as otherwise authorised by the law.

The disclosure of information above is subject to the above penalties.

Governance and Accountability of An Garda Síochána

The Policing, Security and Community Safety Act 2024 provides for the determination by the Policing and Community Safety Authority of priorities for An Garda Síochána in performing its functions relating to policing services (the “policing priorities”). The approval of the Minister is required as is prior consultation including with the Garda Commissioner, the National Office for Community Safety and others.

Provision is made for the policing priorities to be reviewed from time to time. The policing priorities are subject to laying and publication requirements. The 2024 Act restates in part section 20 of the Act of 2005 subject to amendments to align with the wider Bill.

The 2024 Act provides for the determination by the Minister of priorities (the “security priorities”) and related performance targets for An Garda Síochána in performing its functions relating to security services. Consultation is required including with the Garda Commissioner. The security priorities and performance targets are subject to laying and publication requirements. However, the Minister may exclude any matter from the copy to be laid where he or she is of the opinion that it would be prejudicial to the interests of the security of the State, or facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

The Garda Commissioner is required to inform the Minister of the measures taken, and outcomes of such measures, to achieve the performance targets. The Minister may review the security priorities and the performance targets as he or she thinks appropriate and make such revisions as he or she thinks fit. The 2024 Act restates in large part section 20A of the Act of 2005.

Strategic Plan

The 2024 Act requires the Garda Commissioner, at the request of the Board, to prepare every 3 years a strategic plan for An Garda Síochána for submission to the Minister for approval (with or without amendment) following its adoption by the Board. The Minister may issue directions in relation to the form and manner of the plan. The matters to which the plan is to relate are enumerated. The preparation is to be preceded by a consultation process.

The Garda Commissioner is required to have due regard to any views provided by the Policing and Community Safety Authority in accordance with its functions under Part 4 and other enumerated matters when preparing the plan. With the exception of the first such plan, a strategic plan will review and evaluate the performance by An Garda Síochána of its functions in the previous 3 years. The procedures to be followed by the Minister on receipt of a strategic plan for approval are set out. The procedures by which an approved plan may be amended by the Minister or the Board are also set out.

The 2024 Act contains provisions in relation to the laying and publication of the strategic plan. The Minister may exclude any matter from a copy of the strategic plan to be laid where he or she is of the opinion that it would be prejudicial to the interests of the security of the State, or facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person. Further provision is made for the Board, in consultation with the Garda Commissioner, to provide the Minister with reports on the implementation of the strategic plan as part of the annual report prepared .

Annual Service Plan

The 2024 Act requires the Garda Commissioner to prepare annually a service plan for An Garda Síochána (the “annual service plan”) for submission to the Minister for approval (with or without amendment) following its adoption by the Board. The Minister may issue directions in relation to the form and manner of the service plan.

The matters to which the service plan is to relate are enumerated. The timeline for the submission of the service plan to the Minister is linked to the publication of the Estimates for Public Services having regard to the requirement that the plan contain estimates of the financial resources required to meet each of the objectives set out in the plan.

The matters to which the Garda Commissioner is required to have regard when preparing the plan are enumerated and include any views provided by the Policing and Community Safety Authority in accordance with its functions under Part 4. The procedures to be followed by the Minister on receipt of a service plan for approval are set out. Provision is made in the event that the Board fails to adopt the plan. The plan as approved is subject to laying and publication requirements.

The Minister may exclude any matter from a copy of the service plan to be laid where he or she is of the opinion that it would be prejudicial to the interests of the security of the State, or facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

The 2024 Act provides for the amendment by the Garda Commissioner of an annual service plan that has been approved by the Minister under section 65, either at the direction of the Minister or at the Garda Commissioner’s own initiative. The amended plan is subject to laying and publication requirements.

The 2024 Act requires the Garda Commissioner to ensure that the services set out in an annual service plan are delivered in accordance with the plan in a manner that does not exceed the resources available to An Garda Síochána. The Garda Commissioner is required to inform the Board and the Minister of actions or proposed actions that would cause An Garda Síochána to exceed the resources available for the period of the plan.

Capital Plan

The 2024 Act deals with the preparation of a plan for capital expenditure (the “capital plan”) by the Garda Commissioner. The capital plan is to be submitted at the request of the Minister following consultation with the Minister for Public Expenditure and Reform, for the Minister’s approval (with or without amendment) following its adoption by the Board. The Minister may specify the form and manner of the capital plan.

The matters to which the Garda Commissioner is to have regard in preparing the plan are set out. The procedures to be followed by the Minister on receipt of a capital plan for approval are set out. Provision is made in the event that the Board fails to adopt the plan.

The 2024 Act provides for the publication and implementation of the capital plan prepared under section 68. The capital plan is subject to laying and publication requirements. The Minister may exclude any matter from a copy of the capital plan to be laid where he or she is of the opinion that it would be prejudicial to the interests of the security of the State, or facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

The Garda Commissioner is required to take steps to ensure that capital expenditure under a capital plan does not exceed the resources available to An Garda Síochána for the period of the plan. Where actions, or proposed actions, would cause An Garda Síochána to exceed such resources the Garda Commissioner is required to inform the Board and the Minister.

Annual Report

The 2024 Act provides for the preparation by the Garda Commissioner of an annual report for submission to the Minister within 4 months of the end of each year following its adoption by the Board. The annual report is subject to laying and publication requirements. However, the Minister may exclude any matter from a copy of an annual report to be laid where he or she is of the opinion that it would be prejudicial to the interests of the security of the State, or facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

The 2024 Act provides for the preparation by the Board of a governance framework for An Garda Síochána for approval by the Minister (with or without amendment). The Garda Commissioner is required to be consulted. The requirement reflects a standard corporate governance requirement for vote-holding bodies under the Corporate Governance Standard for the Civil Service.

It is to include information on the guiding governance principles applicable to An Garda Síochána in the performance of its functions, the managerial, organisation and governance structures in place, the processes and guidelines to ensure compliance with statutory obligations, its internal controls including in relation to internal audits, risk management, public procurement, financial reporting and protected disclosures. It is to be published and kept under periodic review and revised as appropriate.

Accounting & Responsibility

The 2024 Act provides that the Garda Commissioner is the accounting officer in relation to the appropriation accounts of An Garda Síochána. The standard terms under which the Garda Commissioner is required to appear before the Committee of Public Accounts are set out. The section continues the position that pertains under section 43 of the Act of 2005.

The 2024 Act sets out the standard terms under which the Garda Commissioner is required to appear before Oireachtas Committees, other than the Committee of Public Accounts, at their request to account for the general administration of An Garda Síochána.

The 2024 Act provides for the establishment by the Board of an audit committee comprised of members of the Board and other persons with expertise and experience relevant to the committee’s functions. It restates in large part section 44 of the Act of 2005 subject to amendments to reflect the establishment of the Board and to align with the wider Bill.

The 2024 Act sets out the functions of the audit committee which are: advising the Garda Commissioner on governance and financial matters relating to his or her functions and reporting at least once annually to the Garda Commissioner on such matters and on its activities in the previous year; advising the Board on financial matters relating to its functions and reporting at least once annually to the Board on such matters. The Garda Commissioner is required to support the work of the audit committee by providing it with audit reports and other information relevant to its functions. The 2024 Act restates in large part section 45 of the Act of 2005 subject to amendments to reflect the establishment and role of the Board and to align with the wider Bill.

The 2024 Act provides for the dissolution of the audit committee established under section 44 of the Act of 2005 and the necessary transitional provisions in respect of its work.

The 2024 Act requires the Garda Commissioner to compile and store statistical information concerning offences, criminal proceedings and the state of crime in the State and to periodically make such information available to the Minister and the Central Statistics Office. The 2024 Act restates section 47 of the Act of 2005.

Codes of Ethics

The 2024 Act requires the Policing and Community Safety Authority to issue a code of ethics setting out standards of conduct and practice for members of garda personnel and including provisions to encourage and facilitate such members to report wrongdoing within An Garda Síochána. The Authority is required to consult with specified parties and to have regard to certain matters before issuing a code.

The code is subject to laying and publication requirements. The Garda Commissioner is required to ensure that all members of garda personnel have read and understand the code. The section restates section 17 of the Act of 2005 subject to amendments to reflect the establishment of the Policing and Community Safety Authority and to align with the wider Bill. Provision is made for the code established under section 17 of the Act of 2005 to be treated as if it had been established under the 2024 Act.

The 2024 Act requires the Board to issue a code of ethics for advisers or consultants engaged under section 41, their employees or contractors, and members of the Board or a committee of the Board and the audit committee setting out the standards of integrity and conduct to be maintained when such persons are performing functions under the 2024 Act.

The 2024 Act deals with the confidentiality of information obtained by An Garda Síochána and provides for an offence of harmful disclosure of information by current and former members of garda personnel, members of the Board, a committee of the Board or the audit committee, and persons engaged by or under contract with An Garda Síochána and their employees. It restates in large part section 62 of the Act of 2005 subject to amendments to clarify elements of the offence and to align with the wider Bill.

Special Inquiries

This chapter develops the power to establish an inquiry contained in section 42 of the Act of 2005 in order to support the conduct of such inquiries in a timely, efficient and effective manner in the interests of all concerned. It takes account of the experience gained from the establishment of a number of such inquiries under section 42. It also makes changes to align with the wider Bill including, for example, by extending the potential remit of such inquiries to include garda staff in addition to members of An Garda Síochána.

The 2024 Act provides for the establishment by the Minister of an inquiry into any aspect of the administration, operation, practice or procedure of An Garda Síochána or the conduct of members of garda personnel. The threshold for the establishment is that the matter is one that the Minister considers to be of significant public concern.

Prior consultation is required with the Policing and Community Safety Authority which may also request the Minister to establish an inquiry into a matter relating to policing services. Provision is made for the appointment of a person to conduct an inquiry and the necessary skills and experience required. The appointed person will be independent in the exercise of his or her functions and on the conclusion of the inquiry is required to submit a final report to the Minister.

The 2024 Act provides that the Minister is to specify, following consultation where appropriate (including with the Policing and Community Safety Authority where the subject relates to policing services), the terms of references of an inquiry established under section 82. The Minister may, by order, amend such terms of reference before the final report is submitted.

Inquiries Procedure

The 2024 Act places a requirement on the Minister, when ordering an inquiry under section 82, to specify the time frame for the submission of the final report of the inquiry, following consultation with the person appointed to undertake it (the “appointed person”). The Minister may, in specified circumstances, extend the time frame.

The 2024 Act enumerates the powers of an appointed person including: directing a person to provide any information, document or thing relevant to the inquiry, summoning witnesses to the inquiry, directing witnesses to answer questions, and administering oaths and affirmations to, and examining, witnesses. The consequences of a delay or a failure to comply with a direction of the appointed person are also set out.

The 2024 Act makes it clear that inquiries are to be inquisitorial in nature. An appointed person is required to conduct the inquiry in a manner that is as informal as practicable and consistent with fair procedures. Inquiries are to be conducted in private other than where, in the opinion of the appointed person, it would be desirable in the interests of the inquiry and fair procedures to conduct all or part of it in public.

The 2024 Act provides for the prescription by the Minister of rules or procedures for the conduct of inquiries so that inquiries may be undertaken in a timely, efficient and effective manner and in accordance with fair procedures. The rules prescribed by the Minister may, following consultation with the Minister for Public Expenditure and Reform, include rules relating to the payment of the reasonable legal costs and expenses of witnesses. The appointed person is required to provide witnesses with a copy of any prescribed rules before witnesses give evidence.

The 2024 Act places an obligation on an appointed person to prepare an interim report prior to the final report where requested to do so by the Minister. The Minister may, following consultation with an appointed person, publish all or part of an interim or final report.

The 2024 Act provides for the appointment by the Minister of a replacement person to undertake an inquiry where the appointed person is not in a position to continue to conduct an inquiry or to submit his or her final report within the specified timeframe or extended timeframe.

International Service and Cooperation

The 2024 Act provides for the assignment of members of An Garda Síochána on international service and reflects the nature and scope of Garda overseas service. The assignment of eligible members to perform duties of a police character with an international organisation such as the UN is a matter for the Government whereas the Garda Commissioner may assign eligible members to perform liaison duties and other overseas duties. The necessary transitional provision is made for members serving overseas at the time of the coming into operation of the 2024 Act.

The 2024 Act allows the Garda Commissioner, with the consent of the Government, to enter into an agreement with a police service or other law enforcement agency outside the State, or a body or person outside the State with functions equivalent to the Police Ombudsman, the Policing and Community Safety Authority, a coroner, a commission of investigation, a tribunal of inquiry or the Criminal Assets Bureau. Such agreements may provide for cooperation between the parties, information sharing and the secondment of personnel and other appropriate matters. It restates in large part section 28 and 28A of the Act of 2005. The necessary transitional provision is made for any pre-existing agreements made pursuant to those sections.

The 2024 Act provides for the secondment of members of the Police Service of Northern Ireland to certain ranks in An Garda Síochána for a maximum period of 3 years. It provides for the secondment of members of An Garda Síochána to the Police Service of Northern Ireland for a maximum period of 3 years. It restates in large part the Act of 2005.

Disciplinary

The 2024 Act provides for the disciplinary procedure to apply to members of An Garda Síochána who are seconded to the Police Service of Northern Ireland. It provides for the disciplinary procedure to apply to members of the Police Service of Northern Ireland who are seconded to An Garda Síochána . I

The 2024 Act restates the Act of 2005 subject to amendment to align with the wider Bill. It provides for an offence of causing disaffection among members of An Garda Síochána. It provides that a person who causes, or does any act calculated to cause, disaffection among members of An Garda Síochána or does any act calculated to induce any such member to withhold his or her services or commit a breach of the standards of professional behaviour will be guilty of an offence and sets out the penalties which will apply following conviction of such an offence.

Offences

It provides for an offence of impersonating a member of An Garda Síochána and sets out the penalties which apply on conviction of such an offence.

The 2024 Act provides for other offences relating to impersonation and the penalties that apply on conviction of such offences. It restates section 60 of the Act of 2005 subject to amendments to include a new offence relating to the use of flashing blue lights by a vehicle in a manner likely to deceive.

The 2024 Act restates section 48 of the Act of 2005 subject to amendment to substitute the Garda Commissioner for the State. It provides that the Garda Commissioner is liable to an action for damages in respect of damage resulting from an actionable wrong committed by a member of An Garda Síochána acting in the course of performing the member’s functions.

The 2024 Act restates section 49 of the Act of 2005 subject to amendment to assign the functions of the Minister to the Garda Commissioner and to address the matter of private prosecutions. It provides that the Garda Commissioner may contribute to the legal costs of a member of An Garda Síochána who is charged with a criminal offence in circumstances where the act alleged was directly related to the performance of the member’s functions and where the member’s financial circumstances are such that the costs would cause undue hardship. Any contribution made may not exceed that which would be payable in respect of a legally aided person under the statutory Criminal Legal Aid Scheme.

Where the member concerned is the Garda Commissioner, provision is made for the Board to make the required decisions. Provision is also made to enable a contribution to be made to the legal costs of a member charged with a criminal offence on foot of a private prosecution. Any such contribution may not exceed the legal costs incurred by the member concerned.