Garda Síochána Act 2005

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Number 20 of 2005


GARDA S?OCH?NA ACT 2005


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title.

2. Commencement.

3. Interpretation.

4. Repeals.

5. Expenses.

PART 2

Garda Síochána

Chapter 1

General

6. Continuation of Garda Síochána.

7. Function of Garda Síochána.

8. Prosecution of offences by members of Garda Síochána.

Chapter 2

Personnel and Organisation

9. Appointment of Garda Commissioner.

10. Appointment of Deputy and Assistant Garda Commissioners.

11. Removal of Garda Commissioner, Deputy Garda Commissioner or Assistant Garda Commissioner from office.

12. Steps to be taken before removal of office holder.

13. Appointment of members to other ranks.

14. Appointment of members to other ranks and summary dismissal of such members.

15. Reserve members.

16. Solemn declaration.

17. Code of ethics.

18. Representative associations.

19. Civilian staff.

Chapter 3

Roles of Minister and Garda Commissioner

20. Setting of priorities by Minister.

21. Strategy statement.

22. Annual policing plan.

23. Three year review report.

24. Professional Standards Unit.

25. Directives.

26. Functions of Garda Commissioner.

27. Arrangements for obtaining views of public.

28. Power to enter into agreements with other law enforcement agencies.

29. Powers relating to contracts, bank accounts, etc.

30. Provision of police services for certain events, etc.

31. Delegation of Garda Commissioner’s functions.

32. Exercise of functions in Garda Commissioner’s absence.

33. Distribution of Garda Síochána.

Chapter 4

Co-operation with Local Authorities and Security in Public Places

34. Definitions (Chapter 4).

35. Guidelines concerning joint policing committees.

36. Establishment and functions of joint policing committees.

37. Duty of local authorities.

38. Security in public places.

Chapter 5

Accountability of Members for discharge of official duties and duty of Garda Commissioner to account to the Government, etc.

39. Duty of members of Garda Síochána to account.

40. Duty of Garda Commissioner to account to Government and provide material to Attorney General.

41. Duty of Garda Commissioner to provide information to Minister.

42. Special inquiries relating to administration, practice or procedure of Garda Síochána.

Chapter 6

Accountability

43. Accountability for accounts of Garda Síochána.

44. Audit committee: appointment of members, etc.

45. Functions of audit committee.

46. Annual report.

47. Statistical information.

Chapter 7

Liability

48. Liability for certain acts of members of Garda Síochána.

49. Legal aid for members charged with certain offences.

Chapter 8

International Service and Co-operation with other Police Services

50. Interpretation (Chapter 8).

51. International service.

52. Appointment of members of Police Service of Northern Ireland to certain ranks in Garda Síochána.

53. Secondment from Police Service of Northern Ireland to certain ranks in Garda Síochána.

54. Secondment from Garda Síochána to Police Service of Northern Ireland.

55. Breach of discipline by seconded member of Garda Síochána.

56. Breach of discipline by seconded member of Police Service of Northern Ireland.

57. Records relating to members serving outside the State.

58. Duties of Ard-Chláraitheoir in relation to records transmitted under this Act.

Chapter 9

Offences and Disclosure of Information

59. Causing disaffection.

60. Offence of impersonating member of Garda Síochána.

61. Other offences relating to impersonation.

62. Confidentiality of certain information.

PART 3

Establishment and Functions of Garda Síochána Ombudsman Commission

63. Establishment day.

64. Establishment of Ombudsman Commission.

65. Membership of Ombudsman Commission.

66. Terms and conditions of office.

67. Objectives, functions and powers.

68. Resignation or removal of members in certain cases.

69. Seal of Ombudsman Commission.

70. Meetings and business of Ombudsman Commission.

71. Officers of Ombudsman Commission.

72. Transfer of staff to Ombudsman Commission.

73. Designation of officers and others for purpose of investigations under Part 4.

74. Special assistance.

75. Delegation of Ombudsman Commission’s functions.

76. Grants to Ombudsman Commission.

77. Accounts and audit.

78. Accountability of Ombudsman Commission to Committee of Public Accounts.

79. Accountability to other Oireachtas committees.

80. Various reports by Ombudsman Commission.

81. Confidentiality of information obtained by Ombudsman Commission.

PART 4

Complaints, Investigations and other Procedures

82. Definitions (Part 4).

83. How complaints are made by members of the public.

84. Time limits for making complaints.

85. If complaint is made to Garda Síochána.

86. If complaint is made directly to Ombudsman Commission.

87. Determination of whether complaint is admissible.

88. Notification following determination of whether complaint is admissible.

89. Duty to preserve evidence relating to complaint.

90. Resolution of complaint by mediation or other informal means.

91. Investigation of complaints concerning death of, or serious harm to, a person.

92. If other complaints are not resolved informally or if they warrant investigation.

93. Power to discontinue investigation.

94. If complaint is referred to Garda Commissioner.

95. Investigation by Ombudsman Commission of complaints that do not appear to involve offences.

96. Powers relating to investigation under section 95.

97. Report following investigation under section 94 or 95.

98. Powers of designated officers of Ombudsman Commission for purpose of investigating complaints that appear to involve offences.

99. Search of Garda Síochána station.

100. Designated judge to oversee operation of certain provisions.

101. Report following investigation under section 98.

102. Other investigations by Ombudsman Commission.

103. Duty to keep certain persons informed.

104. Extension of time limit for instituting summary proceedings for offences.

105. Same conduct may form basis for complaint or charge.

106. Examination of certain practices, policies and procedures of Garda Síochána.

107. Duties and powers relating to examination of practices, policies and procedures.

108. Protocols.

109. Judicial inquiry into conduct of designated officers of Ombudsman Commission.

110. Offence of providing false or misleading information.

111. Transitional provision relating to complaints under Garda Síochána (Complaints) Act 1986.

112. Qualified privilege for certain statements and publications.

PART 5

Establishment and Functions of Garda Síochána Inspectorate

113. Establishment day.

114. Establishment of Garda Síochána Inspectorate.

115. Membership of Inspectorate.

116. Terms and conditions of office.

117. Objective and functions.

118. Co-operation with Inspectorate.

119. Provision of services to Inspectorate.

120. Accountability to Oireachtas committees.

PART 6

Regulations and Miscellaneous Provisions

121. General power to make regulations.

122. Regulations relating to management of Garda Síochána.

123. Disciplinary regulations.

124. Regulations relating to reporting corruption and malpractice in the Garda Síochána.

125. Regulations relating to police co-operation under sections 52 to 56.

126. Regulations relating to matters concerning security of State.

127. Reward Fund and related regulations.

128. Continuation of certain regulations and orders.

129. Certificate evidence.

130. Proof of membership or rank in Garda Síochána.

131. Exercise of special powers by security officers.

132. Amendment of Comptroller and Auditor General (Amendment) Act 1993.

SCHEDULE 1

Repeals

SCHEDULE 2

Terms and Conditions of Transferred Staff

SCHEDULE 3

Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-Operation, done at Belfast on 29 April 2002

SCHEDULE 4

Appointment to Ombudsman Commission of Person Holding Judicial Office

SCHEDULE 5

Breach of Discipline


Acts Referred to

Births and Deaths Registration Act (Ireland) 1880

43 & 44 Vict., c. 13

Civil Registration Act 2004

2004, No. 3

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Acts 1956 to 1996

Commissions of Investigation Act 2004

2004, No. 23

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Comptroller and Auditor General Acts 1866 to 1998

Courts (No. 2) Act 1997

1997, No. 43

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Criminal Justice Act 1984

1984, No. 22

Criminal Justice (Legal Aid) Act 1962

1962, No. 12

Criminal Law Act 1997

1997, No. 14

Dublin Police Act 1924

1924, No. 31

European Parliament Elections Act 1997

1997, No. 2

Exchequer and Audit Departments Act 1866

29 & 30 Vict., c. 39

Freedom of Information Act 1997

1997, No. 13

Garda Síochána Act 1924

1924, No. 25

Garda Síochána Act 1972

1972, No. 2

Garda Síochána Act 1977

1977, No. 24

Garda Síochána Act 1989

1989, No. 1

Garda Síochána Compensation Acts 1941 and 1945

Garda Síochána (Complaints) Act 1986

1986, No. 29

Garda Síochána (Pensions) Act 1933

1933, No. 32

Garda Síochána (Police Co-operation) Act 2003

2003, No. 19

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993, No. 10

Law Reform Commission Act 1975

1975, No. 3

Local Government Act 2001

2001, No. 37

Ministers and Secretaries (Amendment) Act 1956

1956, No. 21

Offences against the State Acts 1939 to 1998

Official Secrets Act 1963

1963, No. 1

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Police Forces Amalgamation Act 1925

1925, No. 7

Postal and Telecommunications Services Act 1983

1983, No. 24

Prosecution of Offences Act 1974

1974, No. 22

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

Tribunals of Inquiry (Evidence) Acts 1921 to 2002

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Number 20 of 2005


GARDA S?OCH?NA ACT 2005


AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE GARDA S?OCH?NA AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE GARDA S?OCH?NA, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS COIMISIÚN OMBUDSMAN AN GHARDA S?OCH?NA OR, IN ENGLISH, THE GARDA S?OCH?NA OMBUDSMAN COMMISSION FOR THE PURPOSES OF ENSURING OPENNESS, TRANSPARENCY AND ACCOUNTABILITY IN THE PROCESS BY WHICH COMPLAINTS AGAINST THE GARDA S?OCH?NA ARE INVESTIGATED AND ALSO FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS CIGIREACHT AN GHARDA S?OCH?NA OR, IN ENGLISH, THE GARDA S?OCH?NA INSPECTORATE FOR THE PURPOSE OF ACHIEVING AND MAINTAINING THE HIGHEST LEVELS OF EFFICIENCY AND EFFECTIVENESS IN THE OPERATION AND ADMINISTRATION OF THE GARDA S?OCH?NA, AND TO PROVIDE FOR RELATED MATTERS.

[10th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: