Police Ombudsman 2024

Policing, Security and Community Safety Act 2024

The Policing, Security and Community Safety Act 2024 provides for the reorganisation of the three-person Garda Síochána Ombudsman Commission (GSOC) whose primary concern under the Act of 2005 is complaints in respect of members of An Garda Síochána. Under the 2024 Act GSOC will continue in being as the Office of the Police Ombudsman under an Ombudsman/Deputy Ombudsman structure with a chief executive officer.

The 2024 Act provides for the preparation by the chief executive officer of the final accounts of the Garda Síochána Ombudsman Commission and for the preparation by the Police Ombudsman of its final annual report for submission to the Minister.

The reorganisation follows from a review, as recommended by the Commission on the Future of Policing in Ireland, to ensure GSOC’s suitability to take on the expanded remit in terms of members of garda personnel and investigations of allegations of wrong doing envisaged for the body under Part 6 of the 2024 Act. Part 5  provides for the appointment and terms and conditions of the Police Ombudsman, Deputy Police Ombudsman and chief executive officer, the objective, functions and powers of the Police Ombudsman, personnel matters, governance and accountability arrangements and some miscellaneous matters. This Part is arranged in 4 chapters.

Continuation

The 2024 Act continues the body corporate known as the Garda Síochána Ombudsman Commission in being under the name of the Office of the Police Ombudsman and as reorganised in accordance with the Part i.e. the Police Ombudsman and the Deputy Police Ombudsman are to replace the three-person Commission. The general function of the Office is to support the Police Ombudsman in the furtherance of his or her objectives and functions under the 2024 Act or any other enactment.

The 2024 Act provides for the appointment of the Police Ombudsman and the Deputy Police Ombudsman by the President, on the nomination of the Government, following the approval of resolutions recommending their appointment by both Houses of the Oireachtas. Explicit provision is made for the Public Appointments Service, at the request of the Minister, to undertake a selection competition to identify and recommend to the Government a person suitable for nomination as the Police Ombudsman or the Deputy Police Ombudsman, as the case may be.

The circumstances in which a person is not eligible for nomination or appointment as the Police Ombudsman or Deputy Police Ombudsman are set out. Specific provision is made in the event of the appointed person being a person who holds judicial office in a superior court or the Circuit Court. See also Schedule 5 in that regard.

Objectives & Functions

The 2024 Act sets out the objectives, functions and powers of the Police Ombudsman. The Police Ombudsman’s objectives are to improve public understanding and promote public confidence in the processes for the resolution of complaints and the investigations undertaken, and ensure that his or her functions are performed in a timely, efficient and effective manner in accordance with fair procedures.

The Police Ombudsman’s functions, elaborated in Part 6, are to: receive complaints from members of the public concerning members of garda personnel; resolve or investigate such complaints and other matters referred or notified by the Garda Commissioner, the Policing and Community Safety Authority or the Minister, where appropriate; to resolve or investigate protected disclosures in relation to relevant wrongdoings relating to An Garda Síochána; to report on such investigations and make recommendations to the appropriate office including the Director of Public Prosecutions; and to undertake research and analysis to identify trends and patterns arising from the performance of his or her functions.

The Police Ombudsman is required to establish and maintain systems and procedures for the receipt and handling of complaints and the conduct of investigations under Part 6 and when doing so, is to have regard to the need to exercise his or her functions in a timely, efficient and effective manner, and in accordance with fair procedures.

To facilitate the Minister in discharging his or her oversight responsibilities in relation to the body (including in accordance with the Code of Practice for the Governance of State Bodies) the Police Ombudsman is required to furnish to the Minister such information concerning the performance of his or her functions as the Minister may require. The Police Ombudsman is also required to keep the Minister informed of matters relevant to the Government’s accountability to the Houses of the Oireachtas.

The Police Ombudsman, subject to the provisions of the 2024 Act, is independent in the performance of his or her functions.

Police Ombudsman and Deputy

The 2024 Act deals with the terms and conditions of office of the Police Ombudsman and the Deputy Police Ombudsman. They will each hold office for a term of 6 years and may be reappointed for one further term.

The circumstances in which a person holding either office would be disqualified or cease to hold office are set out. Provision is made for the resignation of the Police Ombudsman and the Deputy Police Ombudsman and for their removal from office by the President in certain specified circumstances and following resolutions passed by both Houses of the Oireachtas.

The 2024 Act provides for the performance by the Deputy Police Ombudsman of the functions of the Police Ombudsman where the Police Ombudsman is unable to perform his or her duties or during a vacancy in the office.

The 2024 Act provides for the appointment and terms and conditions of officers of the Police Ombudsman who will be civil servants of the State. Officers of the Garda Síochána Ombudsman Commission appointed under the Act of 2005 will be deemed on the coming into operation of the 2024 Act to have been appointed under the 2024 Act on terms and conditions of service not less favourable to those to which they were previously subject.

Officers of the Police Ombudsman

The 2024 Act provides for the appointment by the Police Ombudsman of officers of the Police Ombudsman or persons engaged to provide special assistance, as designated officers or senior designated officers for the purpose of any of the provisions under Part 6. The provision for “senior designated officers” enables greater differentiation to be made in Part 6 in relation to the exercise of certain police powers with the powers of members of An Garda Síochána of inspector rank or above being exercisable by a senior designated officer subject to some exceptions.

The Police Ombudsman is required to provide each designated officer with a warrant card, which they are required to carry and present if requested. Provision is made for evidence of such designation to be provided by way of certificate in any legal proceedings.

The 2024 Act is a standard provision providing for the delegation of functions of the Police Ombudsman to the Deputy Police Ombudsman, the chief executive officer, or any officer of, or other person engaged by the Police Ombudsman. Provision is made for evidence of such delegation to be provided by way of certificate in any legal proceedings.

CEO

The 2024 Act provides for the Office of the Police Ombudsman to have a chief executive officer. The chief executive officer will be appointed by the Police Ombudsman following a selection competition. Provision is made for a chief executive officer designate prior to the coming into operation of the new organisational structure.

The standard functions of such an officer are set out and include implementing the policies and decisions of the Police Ombudsman and carrying on and managing the staff, administration and business of the Office of the Police Ombudsman.

Contracts & Arrangements

The 2024 Act allows the Police Ombudsman, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, to enter into contracts and to engage consultants or advisors to assist the Police Ombudsman in the performance of his or her functions.

The 2024 Act provides for the Police Ombudsman to enter into arrangements with An Garda Síochána, other police services or other bodies for the temporary engagement of persons with the Office of the Police Ombudsman for the purpose of providing “special assistance”. It restates in large part section 74 of the Act of 2005 subject to amendment to reflect the restructured organisation and to align with the 2024 Act. In particular, it enables not only eligible members of An Garda Síochána to be engaged but also members of garda staff. Provision is made to deem any existing arrangement entered into under section 74 to have been entered into under the 2024 Act.

The 2024 Act provides that the Police Ombudsman may, with the consent of Government, enter into agreements with law enforcement agencies or other relevant bodies or persons outside the State to facilitate the performance of each party’s respective functions. It restates in large part section 28A of the Act of 2005 (as inserted by section 7 of the Criminal Justice (International Co-operation) Act 2019) subject to amendment to reflect the restructured organisation and to align with the 2024 Act. Provision is made to deem any existing agreements to have been entered into under the 2024 Act.

Strategy

The Act requires the Police Ombudsman to prepare a strategy statement for the Office of the Police Ombudsman for submission to the Minister every 3 years – a standard requirement in relation to vote-holding bodies. The strategy statement will include key objectives, outputs and related strategies including the uses to which resources are to be employed for the period.

With the exception of the first such statement, the statement will include a review of the work of the Police Ombudsman in the previous 3 years. Before its submission to the Minister, the Police Ombudsman is required to publish the strategy statement in draft to facilitate public consultation. The statement is subject to standard laying and publication requirements.

Governance and Accountability

The 2024 Act provides for the preparation by the Police Ombudsman of a governance framework for the Office of the Police Ombudsman for submission to the Minister. It will include information on the guiding principles applicable to the Office 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.

The 2024 Act provides for the preparation by the Police Ombudsman of an annual report and its submission to the Minister within 3 months of the end of each year. It also provides for the preparation of “special reports” by the Police Ombudsman to the Minister concerning matters which, due to their gravity or other exceptional circumstances, warrant a report to the Minister.

The reports are subject to laying and publication provisions. However, the Minister may exclude any matter from a copy of a 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 that the chief executive officer is the accounting officer in relation to the appropriation accounts of the Office of the Police Ombudsman which is to be a vote-holding body. The standard terms under which the chief executive officer is required to appear before the Committee of Public Accounts are set out.

The 2024 Act sets out the standard terms under which the Police Ombudsman and / or the chief executive officer are required to appear before Oireachtas committees, other than the Committee of Public Accounts, at a committee’s request to account for the general administration of the Office of the Police Ombudsman. It restates in large part section 79 of the Act of 2005 subject to amendments to reflect the restructured organisation.

Immunity Ethics & Confidentiality

The 2024 Act provides that the Police Ombudsman, the Deputy Police Ombudsman and other specified officers shall not be liable in damages in respect of any act done or omitted to be done in the performance, or purported performance, of their functions, unless the act or omission concerned was done in bad faith. It further provides that the State will also indemnify a person to whom the 2024 Act applies in respect of any act done or omitted to be done by the person in the performance, or purported performance, of his or her functions under the 2024 Act, unless the act or omission was done in bad faith.

The 2024 Act requires the Police Ombudsman to issue a code of ethics setting out the standards of integrity and conduct to be maintained by the office holder, the Deputy Police Ombudsman, the chief executive officer, the officers of the Police Ombudsman, consultants, advisors and other persons engaged by the Police Ombudsman, when performing their functions.

The 2024 Act provides that statements made in the course of discussions at meetings of the Police Ombudsman, or in documents of or reports by the Police Ombudsman, Deputy Police Ombudsman or officer of the Police Ombudsman without malice are privileged for the purposes of the law of defamation. It restates section 112 of the Act of 2005 subject to amendments to reflect the restructured organisation.

The 2024 Act deals with the confidentiality of information obtained by the Police Ombudsman and provides for an offence of harmful disclosure of information by current and former office holders and other persons employed or engaged by the Office of the Police Ombudsman or the Garda Síochána Ombudsman Commission. It restates in large part section 81 of the Act of 2005 subject to amendments to reflect the restructured organisation and to clarify the elements of the offence.