Garda Organisation

Senior Officers

The Garda Síochána was reorganised by the Garda Síochána Act 2005. The legislation updated and consolidated the existing legislation. It also provided for The Garda Síochána Ombudsman and The Garda Síochána Inspectorate. The legislation reconstitutes the Garda Síochána and provides for its financing by the State.

The government appoints the Garda Síochána Commissioner and the Deputy and Assistant Garda Commissioner. The government may remove such persons if they fail to perform their functions with due diligence and effectiveness or have engaged in conduct which discredits the office or may prejudice the proper performance of its functions, or the removal would be, in the government’s opinion, in the best interest of the Garda Síochána.

In the late 1970s and 1980s, there were a number of occasions when the government exercised the power to remove the Garda Síochána on change of government. However, despite this, in practice, an Garda Síochána is independent of government and is not subject to political direction.

The government may appoint to the ranks of Superintendent and Chief Superintendent. Such senior officers may be removed in the same manner as above by the government.

Other Ranks

The Garda Commissioner may appoint, subject to resources, such number of persons as he sees fit to the ranks of Garda Sergeant and Inspectors. The Garda Commissioner may dismiss anyone at the rank of Inspector or below if he is of the opinion that due to the person’s misconduct by act or omission, his membership would undermine public confidence in the Garda Síochána, and the dismissal is necessary to maintain such confidence.

The member must have been informed of the basis of the opinion and given the opportunity to respond and to advance reasons against it. The Commissioner must consider the response and remain of the opinion. The government must consent to the dismissal.

The Garda Commissioner may appoint civilians to determine their grades, numbers, and responsibilities. Civilian members serving an Garda Síochána are civil servants of the government. The Civil Servants Regulation Act applies to such staff.

The Garda Commissioner may delegate any of his functions that are generally or specifically subject to conditions or otherwise. The delegation may be varied.

Reserve

The Garda Commissioner may appoint members to the Garda Síochána Reserve to assist the Gardai in performing their function. A member of the Garda Síochána Reserve must have undertaken the prescribed training.

They are subject to limitations of powers as the Garda Commissioner may determine. Subject to this, members of the Garda Síochána Reserve, while on duty, have the same powers, immunity privileges and duties as a Garda.

The Garda Síochána Reserve members may only be appointed if the Garda Commissioner submits policies for the training of persons to be so appointed and regulations have been made concerning recruitment,  training and the terms of the position. The Garda Síochána may determine the range of functions and duties to be carried out by the members of the Garda Síochána Reserve.

Representative Associations

The legislation provides for the establishment of Garda Representative Associations to represent members of Garda Síochána in matters affecting welfare, efficiency including pay, pensions and conditions of service. The association must be independent of any other body outside the Garda Síochána.

It may employ persons who are not members of Garda Síochána. Members of Garda Síochána shall not become members of any trade unions or associations other than those established above. Their functions are to control and influence the pay, pensions, and conditions of service of Garda Síochána.

Joint Policing Committees

The Minister for Justice is to issue guidelines to local authorities and the Garda Commissioners regarding the establishment and maintenance of joint policing committees by the Local Authorities and the Garda Commissioner.

The guidelines under the legislation concerning joint policing committees may include provisions for the establishment of the committee, details of membership nominated by the local authority and members of the Garda Síochána, members of the Oireachtas, and members of other public bodies.

Other persons including those representing community and voluntary interest are contemplated.

The JPC’s serve as a forum for consultations, discussions, and recommendations on policing and crime issues within the local authority area. They may review levels and patterns of crime and underlying factors. They may establish and coordinate Local Policing Fora. They are to meet twice yearly.

JPC Monitoring Office

The Chief Superintendent of Community Relations & Community Policing monitors the JPC process. The National JPC Monitoring Office

• coordinates and advice on policy development,
• provides information on literature,
• attending the JPC meetings,
• facilitates meetings and seminars,
• liaises with police service and agencies.

The Minister for Justice may revise guidelines in relation to policing, Joint Policing Committee.

Ministerial Relations

The Minister for Justice with the approval of the government may issue directives to the Garda Commissioner on any matters relating to the Garda Síochána. The Garda Commissioner must comply with directives. It must be laid before the Houses of Oireachtas, unless it would prejudice the security of the State, investigation of crime, or prosecution of offences, in which case, the fact of the directive only need be laid before the Houses.

The Minister for Justice may determine the priorities for an Garda Síochána in performing its functions. He shall consult with the Garda Commissioner before determining or revising priorities or establishing revised performance targets.

A copy of the priorities and performance targets and any revisions of them are to be published and laid before the Oireachtas. The Garda Síochána has to inform the Minister of measures taken to achieve the objectives,  priorities and performance targets.

A member of an Garda Síochána is obliged to, if directed by a member of higher rank, to account for anything he has done or omitted to do while on duty. A failure to comply may be the subject of disciplinary action under the disciplinary regulations. The member shall be informed that failure may lead to dismissal. Information provided by a Garda is not admissible in criminal proceedings against a member. It is admissible in disciplinary proceedings.

The Garda Commissioner must account to the government and Minister for Justice and to the Secretary General of the Department of Justice in relation to his functions. He must furnish any documents under his control including material in the form of Garda records, statements. He must provide the Attorney General with all material required in connection with the conduct of legal proceedings on behalf of the State.

The Garda Commissioner must keep the Minister for Justice informed generally in relation to matters relating to significant developments concerning peace, public order, protection of life and property, protection of the State and significant developments that might be expected to affect public confidence in the Garda Síochána and the other matters which the Commissioner believes should be brought to the Minister\’s attention.

The Minister may direct an inquiry in relation to any aspect of the administration, practice and procedure of the Garda and request a report on the conclusion of the inquiry. The person appointed to undertake the inquiry may require members of the Garda Síochána possessing information to give the relevant information and may require them to attend for that purpose. Anything provided by the member is not admissible is any criminal proceedings against the member. The Minister may publish the report.

2022 Reorganisation

The purpose of the Garda Síochána (Functions and Operational Areas) Act 2022 is to facilitate the introduction of certain changes to the structure of the Garda Síochána, primarily the abolition of Garda districts. In addition, the 2022 legislation reassigns some of the functions performed by members of the Garda Síochána in Garda districts to other members in Garda Síochána divisions.

The 2022 legislation makes transitional arrangements in respect of the aforementioned changes and provides for related matters. It revokes (Designations, Appointments and Discipline) Regulations 1924, which set out that the Garda Síochána is to be divided into districts and divisions.

References are amended to  Garda districts, replacing them with references to divisions or other appropriate wording. Reference to a  “the superintendent” of a district, is replaced with references to “a superintendent” in a division, “an inspector” or other appropriate wording.

Reorganising  Certain Responsibilities

The Act amends the Firearms Act 1925 to provide power for a superintendent to delegate specific functions. Under this section, a superintendent may appoint an inspector to perform certain licensing functions of the superintendent under the Act of 1925.

The Act amends amends the Sex Offenders Act 2001. That Act requires persons to whom the legislation applies to make certain specified notifications at a district or divisional headquarters. Under this amendment, the Commissioner may designate stations at which notifications can be made instead of district headquarters. The new subsection (8A) will require that
any Garda Síochána stations designated shall be in writing, and a list of designated stations shall be published.

The Act amends the Criminal Justice Act 2006. That Act requires persons to whom the legislation applies to make certain specified notifications at a district or divisional headquarters. Under this amendment, the Commissioner may designate stations at which notifications can be made instead of district headquarters. It requires that any Garda Síochána stations designated shall be in writing. A list of designated stations shall be published.

References to districts on the statute book are to be construed as references to the equivalent division. It also provides that any references to a superintendent in the context of a district are to be construed as references to a superintendent of the Garda Síochána in the equivalent division.

Policing, Security and Community Safety Act 2024

This Part continues An Garda Síochána in being and sets out its functions, and the arrangements for its governance, organisation, and personnel. It provides for the establishment of the Board of An Garda Síochána and sets out the respective roles of the Board, the Garda Commissioner, the Minister and Government, the relationship between them, and the means by which they are to fulfil those roles including through a range of strategic planning and governance instruments. It provides for the Garda Commissioner’s functional independence within the governance and accountability framework set out. It is arranged in 11 chapters.

The 2024 Act continues the police service known as the Garda Síochána in being and provides that it is to be known as An Garda Síochána having regard to that being the name used by the organisation since its inception. The section further provides that existing references to “the Garda Síochána” throughout the statute book, in legal proceedings and other documents, are to be construed as references to “An Garda Síochána”.

Functions

The 2024 Act sets out the function of An Garda Síochána which is to provide policing services and security services, including vetting, and in doing so, restates in large part section 7 of the Act of 2005. The stated objective of that function has been amended to explicitly include: the prevention of harm to individuals, particularly those who are “vulnerable” or “at risk” (as defined in section 2); and protecting and supporting victims of crime.

In addition, the objective relating to vindicating human rights has been strengthened to include the objective of protecting human rights. An Garda Síochána is required to cooperate, as appropriate, with other Departments, agencies and bodies for the purpose of achieving its objective. Tt An Garda Síochána is to provide any other service, including immigration services, for which they are given responsibility by law.

Prosecution of Offences

The 2024 Act provides a statutory basis for the prosecution of offences by members of An Garda Síochána in the name of the Director of Public Prosecutions (DPP) and enables the DPP to regulate how this is done by giving general (relating to a class of prosecutions) or specific (relating to a specific offence) directions or by assuming at any stage of the proceedings the conduct of proceedings initiated by a member of An Garda Síochána. It provides that if a prosecution is instituted by a member of An Garda Síochána, that prosecution may be conducted by that member or any other member of An Garda Síochána. The 2024 Act restates section 8 of the Act of 2005 as amended by the Garda Síochána (Amendment) Act 2022.

Board of An Garda Síochána

The 2024 Act provides for An Garda Síochána to have a non-executive board, to be known as the Board of An Garda Síochána. It  sets out the functions of the Board.

Having regard to the Code of Practice for the Governance of State Bodies they include: overseeing and approving the development of corporate strategy including “major plans of action”, risk policy, budgets and service plans; promoting high standards of corporate governance; monitoring organisational performance; overseeing major capital expenditure and investment; ensuring recruitment and related arrangements comply with best practice; ensuring the integrity of the accounting and financial reporting systems; ensuring arrangements are in place to comply with An Garda Síochána’s public sector duty under section 42 of the Irish Human Rights and Equality Commission Act 2014; establishing and implementing arrangements for managing the performance of the Garda Commissioner.

The standard provision is made for the Board to have all such powers as are necessary or expedient for the performance of its functions. Having regard to the function of An Garda Síochána, “major plans of action” is defined in order to make it clear that such plans concern the strategic direction of the organisation and matters relating to corporate affairs and do not include operational policing or security plans or plans relating to major event management which are matters within the functional independence of the Garda Commissioner.

The 2024 Act deals with the provision of information to the Board by the Garda Commissioner to enable the Board to perform its functions effectively. It places an obligation on the Garda Commissioner to provide the Board with all such information and assistance as is necessary for this purpose. Having regard to the confidentiality and secrecy attaching to certain information held by An Garda Síochána (e.g. sensitive details relating to national security infrastructure projects) the Garda Commissioner may exclude information the disclosure of which could prejudice the security of the State. This will be circumscribed by arrangements to be agreed by the Board and the Garda Commissioner by way of written protocols.

The 2024 Act sets out the standard relationship between such a board as proposed and the Minister. It provides that the Board is accountable to the Minister for the performance of its functions. The Board is required to inform the Minister of any matter that it considers requires the Minister’s attention.

Board Organisation

The 2024 Act provides for the membership of the Board. It will comprise 9 members (a chairperson and 8 ordinary members) who will be appointed by the Minister from amongst persons recommended by the Public Appointments Service.

The standard provision is made in respect of the need for gender balance. Provision is made for the Minister to designate the first chairperson and first ordinary members of the Board prior to the coming into operation of the section.

The 2024 Act sets out the process for the selection of members of the Board. The Public Appointments Service will undertake a selection competition, at the invitation of the Minister, to recommend to the Minister persons who are suitable for appointment. The persons recommended for appointment are required to have experience and expertise in matters connected with: the functions of An Garda Síochána; organisational governance, management or public administration; financial matters.

The 2024 Act deals with the terms of appointment and conditions of office of Board members. The term of office of members will be a maximum of 4 years but with a proportion of the ordinary membership appointed for a maximum of 3 years in line with good corporate governance. Members may be reappointed but may not serve for more than 8 years in total.

Disqualification

The 2024 Act sets out the circumstances in which a person is not eligible for or is disqualified from membership of the Board, a committee of the Board or the audit committee and the circumstances in which a person ceases to be a member of the Board, a committee or the audit committee. The circumstances include the standard exclusions in relation to persons who hold political office at local, national or European level. Also excluded are members of garda personnel, members of the Policing and Community Safety Authority and the Police Ombudsman or Deputy Police Ombudsman.The 2024 Act provides for the circumstances in which the Minister may remove a Board member from office.

The 2024 Act provides for the circumstances in which the Minister may remove all Board members from office. Before removing all Board members on the ground that the Board’s functions are not being performed in an effective and efficient manner, the Minister may appoint a person to conduct and submit to the Minister a report on the findings of an independent review of the matter. The Board and the Garda Commissioner are required to cooperate with and assist the person undertaking such a review.

The 2024 Act allows the Board to establish committees in addition to the audit committee (to be established by the Board under section 74), whose membership may include persons who are not Board members, to assist and advise it on the performance of its functions. In appointing members of a committee, the Board is to consider the experience required to contribute to the effective performance of the committee’s functions.

Board Functioning

The 2024 Act deals with the meetings (including remote meetings) and procedures of the Board. The Board is required to hold a meeting at least once every 2 months. The Garda Commissioner, who will not be a member of the Board, is permitted to attend and speak at meetings of the Board in accordance with its procedures. Subject to the Act the Board is to regulate its own procedures by rules or otherwise.

The 2024 Act provides for the appointment by the Board, following consultation with the Garda Commissioner, of a senior member of garda staff (defined in section 2 as a member of garda staff of a grade equivalent to or higher than a member not below the rank of chief superintendent) with relevant skills and experience as the Secretary to the Board.

The 2024 Act sets out the functions of the Secretary to the Board. It provides that the primary function of the Secretary is to carry on and manage the administration of the Board. The Secretary is to be accountable to the Board for the performance of his or her functions as the Secretary. In performing his or her functions as Secretary the senior member of garda staff will not be subject to the direction and control of the Garda Commissioner. The Secretary may, with the Board’s consent, authorise a member of the staff of the Board to perform a function of the Secretary.

The 2024 Act provides that the Garda Commissioner is required to assign to the Board such members of garda staff, premises and other resources that the Board requires to perform its functions including those of its committees and the audit committee. In performing their functions under the 2024 Act such members of garda staff assigned will not be subject to the direction and control of the Garda Commissioner.

Garda Commissioner and Deputy Garda Commissioner

The 2024 Act provides for the appointment by the Government of a person as the Garda Commissioner, following a selection competition undertaken by the Public Appointments Service (the “Service”) at the invitation of the Minister. The selection criteria and the recruitment process are required to be agreed between the Service and the Minister following consultation by the Minister with the Board and the Policing and Community Safety Authority.

The Service may not recommend a person for appointment by the Government unless it is satisfied that the person is suitable for appointment by reason of his or her experience, qualifications etc. having regard to the functions of the office. The term of office of the Garda Commissioner is to be for a period of 5 years with the possibility of an extension not exceeding 2 years.

Consultation with the Board and the Authority is required before any such extension may be granted by Government. Provision is made to deem the person who holds the office of Garda Commissioner on the coming into operation of the 2024 Act to have been appointed under the 2024 Act and to continue in office.

The 2024 Act provides for the appointment by the Government of a person to the rank of Deputy Garda Commissioner following a selection competition undertaken by the Public Appointments Service (the Service) at the invitation of the Minister. The selection criteria and the recruitment process are required to be agreed between the Service and the Minister following consultation by the Minister with the Board and the Policing and

The Service may not recommend a person for appointment by the Government unless it is satisfied that the person is suitable for appointment by reason of his or her experience, qualifications etc. having regard to the functions of the rank. Provision is made to deem a person who holds the rank of Deputy Garda Commissioner on the coming into operation of the 2024 Act to have been appointed under the 2024 Act and to continue in office. Regulations may be made in relation to the length of the term for which a person appointed to the rank of Deputy Garda Commissioner after the coming into operation of that section may hold office.

The 2024 Act provides for the performance by a Deputy Garda Commissioner of the functions of the Garda Commissioner for a limited time period in certain circumstances when the Garda Commissioner is unable to perform his or her functions i.e. the Garda Commissioner is absent, incapacitated or suspended from duty or the office is vacant. The criteria for the designation of the appropriate Deputy Garda Commissioner to perform the functions of the Garda Commissioner are set out. Where the Deputy Garda Commissioner (or where there is more than one Deputy, each of the office holders) is unable to perform the functions of the Garda Commissioner an Assistant Garda Commissioner may be designated by the Minister, following consultation with the Board and, where practicable, the Garda Commissioner, to perform the functions of the Garda Commissioner in that eventuality.

Resignation & Suspension

The 2024 Act provides for the resignation of the Garda Commissioner or Deputy Garda Commissioner. The Garda Commissioner or Deputy Garda Commissioner may resign by writing to the Minister, copying the Board. The Minister is required to inform the Policing and Community Safety Authority of any resignation under the 2024 Act.

The 2024 Act makes provision for the suspension from duty, by the Minister, of the Garda Commissioner or a Deputy Garda Commissioner in certain circumstances. Those circumstances are that the person concerned is subject to a criminal investigation or an investigation of an allegation of serious misconduct.

The Minister must be satisfied that the suspension from duty is in the public interest. The Board may also recommend such suspension to the Minister for the Minister’s consideration. The steps to be taken by the Minister prior to suspending a person from duty are set out so as to ensure that the principles of fair procedures and natural justice apply.

These steps include notifying the person involved of the reasons for considering removal and giving the person an opportunity to respond. In addition, the Minister must also consult with the Board. The suspension may be terminated by the Minister, following consultation with the Board, when the circumstances which led to the suspension no longer apply.

The 2024 Act makes provision for the removal from office by the Government of the Garda Commissioner or Deputy Garda Commissioner for stated reasons, including that the person concerned failed to effectively perform the functions of the office. The Board may also recommend such removal to the Government for its consideration.

The Government may request the Chief Justice to invite a judge to undertake an inquiry into the matter that gave rise to the removal proposal. The steps to be taken by the Government prior to removing a person are set out so as to ensure that the principles of fair procedures and natural justice apply. These steps includenotifying the person involved of the reasons for considering removal and giving the person an opportunity to respond.

In addition, the Government must also consult with the Board. While these steps are being undertaken the Government may suspend the person from duty until a decision is made on his or her removal from office. Where the Government removes a person from office, the Minister is required to lay a statement of the reasons for the removal before each House of the Oireachtas. The 2024 Act restates elements of sections 11 and 12 of the Act of 2005.

The Act provides for the conduct of an inquiry by a judge appointed. An appointed judge may conduct an inquiry in the manner he or she thinks proper and will have the powers, rights and privileges vested in a judge of the High Court.

Functions and duties of Garda Commissioner

The 2024 Act sets out the functions of the Garda Commissioner. They include ensuring that An Garda Síochána performs its functions (as set out in section 9), directing and controlling An Garda Síochána, carrying on and managing the administration and business of An Garda Síochána including allocating and deploying its available resources and determining the distribution of members of garda personnel throughout the State, and seeking to continuously improve the policing and security of the State.

In addition, the Garda Commissioner is required to advise the Minister on policing and security matters and to assist and cooperate with the Policing and Community Safety Authority and the Police Ombudsman in order to facilitate those external oversight bodies in performing their functions under the 2024 Act. There are  a number of matters to which the Garda Commissioner must have regard when carrying out his or her functions including the policing principles, promoting effectiveness, efficiency and economy, the public sector duty obligations on An Garda Síochána under section 42 of the Irish Human Rights and Equality Commission Act 2014 and the various strategic planning and governance instruments provided for in the 2024 Act (see chapter 6 of this Part in particular).

The 2024 Act makes explicit the Garda Commissioner’s independence in performing his or her functions subject to the Act. It further provides that the Garda Commissioner is accountable to the Board for the performance of his or her functions reflecting the standard CEO/Board relationship. It represents a change from the Act of 2005 under which the Garda Commissioner is directly accountable to the Minister for the performance of his or her functions.

Accounting to Government

The 2024 Act places a duty on the Garda Commissioner to account to the Government and the Minister through the Secretary General of the Department of Justice on matters connected with the provision of policing services and security services by An Garda Síochána. In addition, the provision of documents by the Garda Commissioner to the Government, the Minister and, in certain circumstances, the Attorney General is provided for. Its purpose is to ensure that the Executive is informed or is in a position to inform itself of developments in An Garda Síochána to support its accountability to the Houses of the Oireachtas and the carrying out of its functions in relation to public safety and the security of the State. The section largely restates section 40 of the Act of 2005 in so far as it concerns the Government, the Minister and the Attorney General subject to some amendments to align with the wider Bill.

The 2024 Act places a duty on the Garda Commissioner to keep the Minister and the Secretary General of the Department of Justice fully informed of significant developments relating to An Garda Síochána and policing and security in the State. The Minister may request that the Garda Commissioner to submit a report on any matter connected with the policing and security of the State or any of the Commissioner’s other functions.

If such a report relates to policing services the Minister is required to inform the Policing and Community Safety Authority of those matters. It restates section 41 of the Act of 2005 subject to amendment to align with the wider Bill.

Government Directives

The 2024 Act provides that the Minister may, with the approval of Government, issue written directives to the Garda Commissioner on matters relating to An Garda Síochána. The Policing and Community Safety Authority may also recommend to the Minister that a directive be issued in relation to policing services.

The Garda Commissioner is obliged to comply with any such directive and to keep the Minister informed of measures taken to do so. If the directive relates to policing services, the Minister is obliged to supply the Policing and Community Safety Authority with such information in so far as it relates to policing services.

Following the issuing of a directive the Minister must inform both Houses of the Oireachtas that a directive has been issued and, with some exceptions, lay a copy of it before each House of the Oireachtas. The Minister is not permitted to issue directives which would limit the performance of a garda member’s functions relating to the investigation or prosecution of offences. The 2024 Act restates  the Act of 2005.

Various Functions

The 2024 Act provides a statutory basis for the provision by the Garda Commissioner of documents to the State Claims Agency that the Agency requires in relation to the conduct of legal claims against or on behalf of a State Authority. The Garda Commissioner may exclude certain specified information from documents provided to the Agency.

The 2024 Act provides for the delegation of the functions of the Garda Commissioner in writing to specified members of garda personnel. Delegation of any function does not preclude the Garda Commissioner from performing that function. It is clarified that any delegation under the section does not cease by reason only that the person lawfully exercising the functions of the Garda Commissioner has changed.

The 2024 Act allows the Garda Commissioner for the purposes of performing his or her functions in relation to the administration and business of An Garda Síochána to enter into contracts and to operate bank accounts with the consent of the Minister for Public Expenditure and Reform. It makes clear that the power to enter into contracts includes contracts in relation land or an interest in land or any other property subject to the consents of the Minister and the Minister for Public Expenditure and Reform. It further provides that the Garda Commissioner may sue or be sued in the name of his or her office.

The 2024 Act enables the Garda Commissioner to engage, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, consultants or advisers to support the performance of the Garda Commissioner’s functions and the functions of An Garda Síochána under the 2024 Act.

The 2024 Act requires the Garda Commissioner, following consultation with the Minister and the Policing and Community Safety Authority, to make arrangements for obtaining the views of the public on matters concerning policing services and An Garda Síochána.

Fees

The 2024 Act provides a statutory basis for the provision of services by An Garda Síochána for a fee for events in certain circumstances including that their provision is in the public interest and consistent with the functions of An Garda Síochána. An indicative list of the types of events is provided and includes sports fixtures and concerts.

The provision of services relating to the protection of people or property at risk of harm when in transit is also provided for subject to any regulations made . The Garda Commissioner may set charges for services provided subject to any regulations made  in relation to the matter. The 2024 Act restates section 30 of the Act of 2005.