Policing Authority

2015 Act

The Garda Síochána (Policing Authority and Miscellaneous. Provisions) Act 2015 established a new policing authority to oversee the performance of an Garda Síochána’s in the provision of its policing functions. It performs functions, many of which were formerly exercised by the government or the Minister for Justice and Equality.

The Act mades new provision for the appointment of a Garda Commissioner. The Garda Commissioner is to be appointed following nomination by the Authority on foot of a selection competition, by the Public Appointment Service. Similar provisions apply to the role of Deputy Garda Commissioner.

The Policing Authority was established by the Act in order to oversee the Garda Síochána’s functions. The Authority consists of nine members, appointed by the government, following approval of resolutions, recommending their appointments by each House of the Oireachtas. Government may designate the first chairman and first ordinary members of the Authority prior to establishment.

Appointment

The process for appointment by the government of ordinary members is provided for. The Public Appointment Service must undertake selection competitions to identify and recommend persons suitable for appointment.

The term of office of members of the Authority is four years. They may be reappointed. They may not be a member for periods which exceed eight years in total. The government appoints four of the first ordinary members of the Authority for a term of three years.

Provision is made for the disqualification and ineligibility of persons for appointment.The government may remove members of Authority on specified grounds. Fair procedure requirements apply. A resolution of both Houses of the Oireachtas is necessary for approval.

Functions

The functions of the Authority are to oversee the corporate governance, structures and performance of An Garda Síochána in policing. It has a number of other functions, including

nominating persons for appointment to the government by the government as Garda Commissioner, Deputy Garda Commissioner;
appointing persons to the ranks of superintendent, chief superintendent, and Assistant Garda Commissioner and
removing them for reasons related to policing services;
appointing persons to the senior positions within the Garda civilian staff;
determining with the agreement of the Minister, Garda priorities in relation to policing services;
approving with the agreement of the Minister, the three-year Garda strategy statement;
approving the annual Garda policing plan with the agreement of the Minister;
establishing a Garda code of ethics;
promoting and supporting the continuous improvement of policing;
exercising the Minister’s functions in relation to functions formerly exercised by the Minister in relation to joint policing committees.

The Authority, instead of the Minister is to issue guidelines concerning the establishment and maintenance of joint policing committees and local police forums. The Authority may convene meetings of the chairpersons and other members, as the Authority considers appropriate, of joint policing committees, for the purpose of coordination of their functions.

The Authority may perform functions formerly carried out by the Minister in relation to community CCTV schemes.

Governance

The Authority may establish committees to assist it and advise it in the performance of its functions, and to perform any functions delegated by the Authority. The Authority may retain consultants and advisors to assist it in the performance of its functions.

The Authority must prepare a statutory statement and an annual report.

There are provisions for appointment of a chief executive staff and for remuneration and superannuation.

The chief executive is responsible to the Committee on Public Expenditure and other Oireachtas Committees in respect of the accounts of the Authority and its general administration.

Removal of Senior Officers

The former provision regarding removal of the Garda Commissioner, Deputy Garda Commissioner, Assistant Garda Commissioner, superintendents and chief Superintendents was amended.

The Government continues to be responsible for removal of persons from the ranks of Commissioner and Deputy Commissioner. However, it is open to the Authority under the new arrangements to recommend to the government, the removal of the Garda Commissioner and Deputy Garda Commissioner for stated reasons.

The Authority is in a position to remove Assistant Garda Commissioners, chief superintendents and superintendents for stated reasons relating to different policing services. This is subject to fair procedures provided for under the legislation.

The legislation sets out the procedures which must be followed where it is proposed to remove the persons from offices above.The legislation provides that the consent of the Authority rather than the government is required for summary dismissal by the Garda Commissioner of any ranks of persons not above Inspector.

The Minister may authorise a Deputy Garda Commissioner or Assistant Garda Commissioner to perform the functions of Garda Commissioner during his or her absence or a vacancy in office. The Authority is to be notified of such an authorisation. Where a Deputy Garda Commissioner or Assistant Garda Commissioner is performing the functions of Garda Commissioner, the removal provisions applicable to the Garda Commissioner apply.

Reserve & Civilians

The Authority has responsibility in relation to training, powers and duties of reserve members of An Garda Síochána. The Authority may establish code of ethics for Garda Síochána within 12 months. The code shall apply with necessary modifications to the civilian staff of An Garda Síochána.

The Authority is given a general role in the appointment of civilian staff. It shall appoint senior members of the civilian staff of the Garda Síochána equivalent to or above the rank of chief superintendent.

Authority Minister & Garda Commission

Part 3 of the 2015 Act provides for the relationship between the Authority, the Minister and the Garda Commissioner. The Garda Commissioner is to assist and co-operate with the Authority in order to facilitate performance of its functions.

The Authority with the approval of the Minister, is to set priorities and performance targets for An Garda Síochána in policing services. The Minister may set and revise the performance and priorities for the Garda Síochána in relation to security services.

The Authority may approve with the consent of the Minister, a three-year strategy statement for An Garda Síochána. The Authority may approve with the consent of the Minister, Annual Policing Plans.

The Minister shall consult with the Authority prior to making regulations. Existing regulations are continued in force.

The Minister is to consult with the Authority as well as the Garda Commissioner, GSOC and the Garda Síochána Inspectorate prior to making regulations under particular provisions. Regulations under other provisions require consultation with the Authority and Garda Commissioner.

Reviews & Strategy

Three year reviews are to be prepared by the Garda Commissioner and submitted to the Authority. The Garda Commissioner is to provide to the Authority, annual reports on the activities of the Garda Professional Standards Unit.

The Authority may recommend to the Minister that a directive concerning a particular matter relating to policing be issued to An Garda Siochana with the approval of the government. The Minister may, following government approval, issue directives to the Authority concerning any matter relating to policing services that falls within its responsibility.

The Authority and the Garda Commissioner are to make arrangements to obtain the views of the general public in relation to policing service matters. Before so doing, the Garda Commissioner requires the approval of the Authority.

Commissioner & Authority

The Garda Commissioner is to keep the Authority informed of matters relating to his function and other matters that in the opinion of the Commissioner ought to be brought to its attention.The Minister is to inform the Authority of any matters relating to policing services that might be contained in a report submitted to the Minister by the Garda Commissioner on foot of a request.

The Authority may request Garda Síochána to submit a report to it on any matter relating to policing services and the Commissioner must comply.The Authority may request the Minister to initiate an inquiry into any aspect of the administration, operation, practice and procedure of An Garda Síochána or conduct of its members, where the matter gives rise to the need for an inquiry relating to policing services.

Where the Minister does not initiate an inquiry, on foot of a request, it must inform the Authority of its reasons for not so doing. The Minister must consult with the Authority in relation to any inquiry that encompasses policing services. The Authority must also be consulted regarding the terms of reference of any inquiry that relates to policing services.

The Authority is to appoint members of the Garda Audit Committee. It may remove the members for stated reasons. The Audit Committee’s annual report is to be forwarded to the Authority and the Minister.

The Garda Commissioner is to submit an annual report to the Authority and policing services. The Authority will cause a copy of the report to be furnished to the Minister who is to lay it before the Houses of the Oireachtas.

The Authority with the approval of the government may appoint members PSNI to ranks of An Garda Síochána not above Assistant Garda Commissioner and not below superintendent. The Authority with the approval of the government may approve the secondment of members of PSNI to a rank in the Garda Síochána, not above Garda Commissioner and not below superintendent. The Authority with the approval of the government may terminate the secondments.

The Authority has a role in procedures dealing with breaches of discipline by members of the Garda Síochána seconded to the PSNI. The Garda Commissioner is obliged to inform the Authority, in addition to the Minister of the transmission of any documents to the PSNI relating to breach by a PSNI member appointed to the Garda Síochána.

Policing and Community Safety Authority

Policing, Security and Community Safety Act 2024 provides for the establishment of the Policing and Community Safety Authority to oversee and assess in an independent and transparent manner the performance of An Garda Síochána in relation to policing services and its work with other public service bodies to improve community safety. It combines the oversight function of the Policing Authority and the complementary inspection function of the Garda Síochána Inspectorate, superseding both bodies.

The Part provides for the establishment, membership, and functions of the body, including the inspection function and related inspection powers (to include the power to conduct unannounced visits to garda premises), the governance and accountability arrangements to apply to the body, and matters arising from the dissolution of the Policing Authority and the Garda Síochána Inspectorate. It is arranged in 7 chapters.

The Act establishes a corporate body to be known as the Policing and Community Safety Authority (the “Authority”). The 2024 Act sets out the objectives, functions and powers of the Authority. Its objective is to oversee and assess in an independent and transparent manner the performance by An Garda Síochána of its function relating to policing services in order to support the effective provision and continuous improvement of such services to the benefit of the safety of the public. It is to further this objective in so far as practicable.

Other functions enumerated include keeping under review the performance by An Garda Síochána of its function relating to policing services; carrying out inspections (including joint inspections), preparing reports on such inspections and monitoring the implementation by An Garda Síochána of any recommendations included in such reports; promoting the policing principles, professional policing standards and public awareness of matters relating to policing services; keeping the Minister informed of developments in respect of matters relating to policing services; promoting inter-agency collaboration and community engagement to improve community safety; undertaking and commissioning research projects relating to policing services; and, providing advice to the Minister with regard to best policing practice.

Its functions also include ensuring that it has appropriate arrangements in place to comply with its obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014.

The Authority will have the powers that are necessary or expedient for the performance of its functions and will be independent in the performance of such functions. 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 Authority is required to furnish to the Minister such information concerning the performance of his or her functions as the Minister may require. The Authority is also required to keep the Minister informed of matters relevant to the Government’s accountability to the Houses of the Oireachtas.

Dissolution of Policing Authority

The 2024 Act dissolves the Policing Authority on the establishment day of the Authority. The Act provides for the transfer of the staff of the Policing Authority to the Authority on its establishment day and ensures that, except in accordance with a collective agreement negotiated with any recognised trade union or staff association, the terms and conditions of service or remuneration of such staff are not less beneficial than those to which they were subject before such transfer.

The 2024 Act provides for the property of the Policing Authority to vest in the Authority on its establishment day. It provides for the transfer of the rights and liabilities of the Policing Authority to the Authority on its establishment day and for the continuation of leases, licenses and permissions in relation to its property granted by the Policing Authority. The Act preserves contracts, agreements and arrangements made by the Policing Authority.

The 2024 Act provides for the transfer of the records of the Policing Authority on its dissolution to the Authority, the Minister or An Garda Síochána having regard to their functions under the 2024 Act and for such records to become the property of the office holder or body to whom they are so transferred. The transfer of records will not affect any right of access to such records under the Freedom of Information Act 2014.

The 2024 Act provides for the substitution of the Authority for the Policing Authority in any legal proceedings pending immediately before the establishment day of the Authority. It also provides that any claim in respect of any loss or injury alleged to have been suffered by a person before the establishment day arising out of the performance of functions by the Policing Authority will after the establishment day lie against the Authority.

Membership

The 2024 Act provides for the membership of the Authority. It will comprise 9 members – a chairperson and 8 ordinary members – who will be appointed by the Government following the approval of resolutions recommending their appointment by both Houses of the Oireachtas. In appointing members, the Government is required to have regard to the objective of achieving gender balance amongst the membership. Provision is also made for the Government to designate persons as the first chairperson and first ordinary members of the Authority prior to the establishment day of the Authority.

The 2024 Act sets out the process for recommending persons for appointment as members of the Authority. The Public Appointments Service will undertake a selection competition, at the invitation of the Minister, to recommend to the Government persons who are suitable for appointment. The areas of knowledge and expertise identified.

The experience and expertise as being desirable for members to have are enumerated and include policing services, the criminal justice system, human rights, equality and diversity, and services for victims. To take account of the prevention of harm to individuals in particular those who are vulnerable or at risk being given express recognition as an objective of An Garda Síochána, the areas of knowledge also include healthcare, child and social services, and improving the safety of communities including through inter-agency collaboration and community engagement.

The 2024 Act deals with the terms of appointment and conditions of office of Authority members. The term of office for members will be a maximum of 4 years and they may be reappointed subject to the condition that they do not hold office for a period exceeding 8 years. It sets out the circumstances in which a person is not eligible for or is disqualified from membership of the Authority or a committee of the Authority and the circumstances in which a person ceases to be a member of the Authority or a committee.

The 2024 Act provides for the removal by the Government of a member of the Authority from office on specified grounds following the passage of resolutions in both Houses of the Oireachtas calling for their removal. The steps to be taken before a member may be removed are set out, ensuring that fair procedures are complied with.

The 2024 Act deals with meetings of the Authority. The Authority will hold as many meetings as are necessary for the performance of its functions annually, including meetings with the Garda Commissioner and the Director of the National Office. Meetings of the Authority, or part thereof, may, where appropriate, be attended by members of the public and broadcast by the media, including at least 4 meetings of the Authority and the Garda Commissioner annually.

The 2024 Act provides for the establishment by the Authority of committees, whose membership may include persons who are not members of the Authority, to assist and advise it on the performance of its functions or to perform functions of the Authority under the general direction of the Authority. In appointing committee members the Authority is required to have regard to the qualifications and experience necessary for the proper and effective performance of the committee’s functions.

CEO & Staff

The 2024 Act provides for the appointment by the Authority of the chief executive officer of the Authority and for their terms and conditions of office. The chief executive will be responsible for managing the administration of the Authority and for implementing the policies and decisions of the Authority. Provision is made for the designation by the Minister of a person to be appointed as the first chief executive before the establishment day of the Authority.

The 2024 Act provides for the appointment by the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, of members of staff of the Authority who will be civil servants in the Civil Service of the State. It allows the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, to enter into contracts, to engage consultants or advisors and to engage police officers from police services outside the State to assist it in the performance of its functions.

Report to Authority

The 2024 Act requires the Garda Commissioner to report to the Authority in relation to policing services in order to facilitate the performance by the Authority of its functions. This requirement includes the duty to provide to the Authority, on request, information and documents relating to policing services.

The Garda Commissioner is required to keep the Authority fully informed of matters relevant to the functions of the Authority and any other matters that the Garda Commissioner considers should be brought to its attention. The Garda Commissioner is further required to submit to the Authority, on request, reports on any matters connected with policing services or the performance of his or her functions in relation to such services.

The 2024 Act places an obligation on the Director of the National Office to assist the Authority in the performance by the Authority of its functions by keeping the Authority informed of and providing reports on matters relevant to its functions and by attending meetings of the Authority, including not fewer than one meeting annually attended by members of the public and which the media may record and broadcast.

Governance and Accountability

The 2024 Act provides for the preparation by the Authority of a governance framework for submission to the Minister – a standard corporate governance requirement for vote-holding bodies. It will include information on the guiding principles applicable to the Authority 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 requires the Authority to prepare a strategy statement 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 Authority in the previous 3 years. Before its submission to the Minister, the Authority is required to publish the strategy statement in draft to facilitate consultation. The statement is subject to standard laying and publication requirements.

The 2024 Act provides for the preparation and submission by the Authority of an annual report and its submission to the Minister within 3 months of the end of each year. It also provides for the submission of “special reports” by the Authority to the Minister concerning matters which, due to their gravity or other exceptional circumstances, warrant a report to the Minister. The Minister may also request the Authority to prepare reports on any matter relating to policing services. The reports are subject to laying and publication provisions.

Ethics & Accountability

The 2024 Act requires the Authority to issue a code of ethics setting out the standards of integrity and conduct to be maintained by members of the Authority or a committee of the Authority, its chief executive, staff and other persons engaged by the Authority, when performing their functions.

The 2024 Act provides that the chief executive is the accounting officer in relation to the appropriation accounts of the Authority, which is to be a vote-holding body. The standard terms under which the chief executive is required to appear before the Committee of Public Accounts are set out.

The 2024 Act sets out the standard terms under which the chief executive is 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 Authority.

Inspections by Authority

The 2024 Act provides for the appointment by the Authority of members of the staff of the Authority as inspectors of policing services to carry out inspections under this Part. In appointing persons as inspectors, the Authority will ensure that they have appropriate experience, qualifications, training or expertise to carry out the inspections.

The 2024 Act provides for the carrying out of inspections in relation to aspects of the operation and administration of An Garda Síochána relating to policing services by the Authority either on its own initiative or at the request of the Minister. The Authority may also carry out inspections jointly with one or more prescribed inspection bodies acting in coordination in the exercise of their statutory powers.

Where the Authority decides to carry out an inspection on its own initiative or at the request of the Minister, the Authority will specify in writing the scope and terms of the inspection and authorise in writing one or more inspectors of policing services to carry it out. On so authorising an inspector of policing services, the Authority is required to provide the Garda Commissioner with a notice in writing of the inspection which will include details of the nature and particulars of the matters to be inspected and the scope and terms of the inspection.

The 2024 Act provides for the Minister to have the power to prescribe inspection bodies, following consultation with the Authority and any relevant Minister, for the purposes of this Part.

The 2024 Act deals with the conduct of joint inspections with prescribed inspection bodies. On agreeing to undertake a joint inspection, the Authority and the other inspection body or bodies are required to prepare a joint inspection plan which will set out the purpose of the joint inspection, the reasons why a joint inspection is appropriate, the aspects of the joint inspection to be carried out by the Authority and those to be carried out by the other inspection body or bodies, the arrangements for the joint inspection, including the sharing of information in accordance with law, and the arrangements for reporting.

Inspectors

The 2024 Act provides for the Authority to prepare, from time to time, an inspection plan setting out priorities for inspections and information on how such inspections will be carried out in a manner which is proportionate, accountable and transparent while ensuring the integrity and objectivity of the findings of inspections. The inspection plan is subject to consultation and publication provisions.

The 2024 Act sets out the powers of inspectors of policing services. Such powers include: the power to enter garda stations and other premises at any time to inspect any aspect of the administration or operation of An Garda Síochána in relation to the provision of policing services relevant to the inspection, to require garda personnel to provide information or documents that an inspector of policing services may reasonably require for the purposes of an inspection and to examine or take possession of such documents.

A member of garda personnel may refuse to provide information on the grounds that it would be prejudicial to the security of the State or would endanger the life or safety of a person who has given information in confidence to a public body. Where a member of garda personnel so refuses the inspector of policing services is required to inform the Authority who may request that the Garda Commissioner provide the information or document. If the Garda Commissioner refuses the request the Authority may refer the refusal to the Independent Examiner for review.

Inspections

The 2024 Act requires the Authority and the Garda Commissioner to agree a memorandum of understanding concerning the conduct of inspections to ensure that inspections are carried out efficiently and effectively and in a manner that does not adversely impact the functions of An Garda Síochána, jeopardise criminal investigations or prosecutions or prejudice the safekeeping of a person in legal custody.

The 2024 Act requires the Authority, following the completion of an inspection undertaken on its own initiative, to submit a report of the inspection, which may contain recommendations where appropriate, to the Garda Commissioner and the Minister. The Garda Commissioner is obliged, where requested to do so by the Authority, to submit a response to the inspection report which may include any actions to be taken in response to the report. The Authority is required to publish reports submitted under the 2024 Act, subject to certain safeguards, and may also publish, where appropriate, any written response of the Garda Commissioner.

The 2024 Act requires the Authority, following the completion of an inspection undertaken at the request of the Minister, to submit a report of the inspection, which may contain recommendations where appropriate, to the Minister, who will submit a copy of the report to the Garda Commissioner. The Garda Commissioner is obliged, where requested to do so by the Minister, to submit a response to the inspection report which may include any actions to be taken in response to the report.

The Minister may provide a copy of the Garda Commissioner’s response to the Authority or publish all or part of the response. The reports submitted under the 2024 Act are subject to standard laying and publication requirements.

The 2024 Act provides for the monitoring and assessment by the Authority, at the request of the Minister or on its own initiative, of measures taken by An Garda Síochána in relation to recommendations contained in reports of inspections prepared under this Part. The Garda Commissioner is required to provide the Minister and the Authority with information and documents as may be required for the purposes of the 2024 Act.

Confidentiality

The 2024 Act deals with the confidentiality of information connected with inspections and provides for an offence of disclosure of such information by current and former office holders and other persons employed or engaged by the Authority where such information is not otherwise in the public domain.

The 2024 Act deals with the confidentiality of information obtained by the Authority and provides for an offence of harmful disclosure of information by current and former officeholders and other persons employed or engaged by the Authority or the Policing Authority prior to its dissolution.

Dissolution of Garda Síochána Inspectorate

The 2024 Act dissolves the Garda Síochána Inspectorate on the establishment day of the Authority. The 2024 Act provides for the transfer of the staff appointed to the Garda Síochána Inspectorate to the Authority by Ministerial order following engagement with any recognised trade union or staff association.

It is necessary to provide for the transfer by Ministerial order the staff of the Inspectorate are appointed by the Minister. Provision is made to ensure that, except in accordance with a collective agreement negotiated with any recognised trade union or staff association, the terms and conditions of service or remuneration of such transferred staff are not less beneficial than those to which they were subject before such transfer.

The 2024 Act preserves contracts, agreements and arrangements made by the Garda Síochána Inspectorate. The 2024 Act provides for the transfer of the records of the Garda Síochána Inspectorate to the Authority on its establishment day, with the exception of records relating to security services, which will be transferred to the Minister. The transfer of records to the Authority or the Minister will not affect any right of access to such records under the Freedom of Information Act 2014.

The 2024 Act provides for the substitution of the Authority for the Garda Síochána Inspectorate in any legal proceedings pending immediately before the establishment day of the Authority. It also provides that any claim in respect of any loss or injury alleged to have been suffered by a person before the establishment day arising out of the performance of functions by the Garda Síochána Inspectorate will after the establishment day lie against the Authority