Arrangements with Providers
A Garda Síochána may enter arrangements to provide police services on private property or in areas open to the public if it is in the public interest to do so and consistent with the functions of the member of Garda Síochána. The services may be charged out to the promoters of the relevant events.
Examples of the types of events concerned include sports, pictures, concerts, meetings and conferences, festivals and exhibitions, making of films, appearances or other matters attracting large crowds. Police service relating to the escort of persons or property at risk of harm while in transit may be provided subject to regulations.
The Garda Síochána may enter arrangements with other law enforcement agencies outside the State.
The Gardai may authorise CCTV for the purpose of securing public order by facilitating, deterrence, prevention, detection and prosecution of offences. The Garda Commissioner shall specify the areas based on information where CCTV is warranted.
Authorisation may be given to members of the Garda Síochána or persons who meet established criteria and who are retained under a contract with the Garda Commissioner. Third persons must meet the established criteria and be authorised. Different criteria may be established for different applicants for authorisation. The authorisation is to be on such terms as the Garda Commissioner considers necessary.
Where a third party is authorised to maintain CCTV, the Garda Síochána must have access at all times for the purpose of supervising and controlling its operation and retrieving information. The Ministers is to issue guidelines to the Garda Commissioner regarding supervision and control by the Commissioner of the monitoring of CCTVs by authorised persons.
The provisions for authorisation do not apply to persons who install CCTV on premises by their own authority for the purposes of safeguarding persons or property on the premises or in its environs.
The Garda Commissioner may assign members of the Gardai in such numbers and of such rank to carry out duties of a police character in an international organisation or to advise on or monitor the performance of such duties. This may include the assignment of the persons to carry out the assigned duties with Interpol or the law enforcement agencies of other states or in secondment to an international organisation. The Garda Síochána legislation will continue to apply to such persons while seconded or assigned.
The government may appoint members of the PSNI to such ranks of the Garda Síochána not below Superintendent as may be prescribed. The number or proportion of vacancies in each rank to which such members may be appointed may also be prescribed. Appropriate recognition and rank are to be given for the corresponding service in the PSNI.
The Garda Commissioner may, at the request of the Chief Constable of the PSNI, appoint a member of the PSNI to a rank in the Garda Síochána not above that of Inspector for a period not exceeding three years or request the government to appoint such a member to a rank in the Garda Síochána not below that of Superintendent for such period.
The person so appointed is to be under the direction and control of the Garda Commissioner and have the powers, immunities, privileges and duties of a member of an Garda Síochána of the rank concerned. The Garda Síochána Compensation legislation shall not apply to such incoming appointees.
The Garda Síochána may on application by a member of the Garda Síochána arrange with the Chief Constable PSNI for the secondment of members to the PSNI for a period not exceeding three years. The member shall continue to be paid as a member of Garda Síochána but shall not be subject to the direction or control of the Garda Commissioner and will not be entitled to exercise in the State any powers of the Garda Síochána. The disciplinary regulation continues to apply to the Garda on secondment.
Cooperation UK – Evidence
The Criminal Justice (International Co-operation) Act 2019 provides a mechanism for taking evidence in the State from a member of An Garda Síochána for the purposes of certain inquests held in the United Kingdom of Great Britain and Northern Ireland. The Act provides for An Garda Síochána and the Garda Síochána Ombudsman Commission to enter into agreements for co-operation with a police service, law enforcement agency or another relevant person or body outside the State.
The Act also provides for technical amendments to the Garda Síochána Act 2005, European Arrest Warrant Act 2003 and the Criminal Justice (Mutual Assistance) Act 2008 that will facilitate further international cooperation on certain criminal justice matters.
The Minister for Justice and Equality may designate a United Kingdom Coroner’s Inquest, subject to conditions, for the purpose of application of the mechanism for the taking of evidence.
There is a mechanism whereby the testimony of members of An Garda Síochána can be obtained by Coroners in the UK conducting inquests into deaths caused by violence connected to the troubles in Northern Ireland. The Section will have an automatic application for Inquests that are investigating deaths that are the result of the troubles in Northern Ireland.
For other UK inquests examining deaths that are not troubles-related but where there may be a substantial connection to the State, the Minister for Justice and Equality may designate that inquest.
Examinations are conducted by a High Court Judge in accordance with the specified rules and will be on the basis of written questions that will be provided in advance by the Coroner. Examinations shall take place in the presence of the Coroner. The examining judge may direct such provisions that are necessary to protect the safety of witnesses.
Agreements with Other Bodies Abroad
The Garda Commissioner, on behalf of An Garda Síochána and with the prior consent of the Government, may enter into agreements with non-law enforcement bodies outside of the State. Such agreements may provide for general cooperation between the parties, including the exchange of information.
The e Garda Síochána Ombudsman Commission (GSOC), with the prior consent of the Government, may enter into agreements with police oversight bodies and law enforcement agencies outside the State in order to exchange information consistent with the functions of GSOC the Garda Síochána Act 2005.