Garda Síochána Act 2005


Number 20 of 2005


GARDA SÍOCHÁNA ACT 2005

REVISED

Updated to 6 February 2018


This Revised Act is an administrative consolidation of Garda Síochána Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including Garda Síochána Act 2005 (Retirement) Regulations 2018 (S.I. No. 28 of 2018), made 6 February 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 2005


GARDA SÍOCHÁNA ACT 2005

REVISED

Updated to 6 February 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Garda Síochána Acts 2005 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 1(2)). The Acts in this group are:

Garda Síochána Act 2005 (20/2005)

Criminal Justice Act 2007 (29/2007), ss. 41-43

Garda Síochána (Amendment) Act 2015 (3/2015), other than ss. 12 and 13

Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1990, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015)

Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)

Garda Síochána (Amendment) Act 2015 (3/2015)

Freedom of Information Act 2014 (30/2014)

Irish Human Rights and Equality Commission Act 2014 (25/2014)

Court of Appeal Act 2014 (18/2014)

Protected Disclosures Act 2014 (14/2014)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Criminal Justice (Surveillance) Act 2009 (19/2009)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

Criminal Justice Act 2007 (29/2007)

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Garda Síochána Act 2005 (Retirement) Regulations 2018 (S.I. No. 28 of 2018)

Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 5) Order 2017 (S.I. No. 200 of 2017)

Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 4) Order 2017 (S.I. No. 199 of 2017)

Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 3) Order 2017 (S.I. No. 198 of 2017)

Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) (No. 2) Order 2017 (S.I. No. 197 of 2017)

Garda Síochána Act 2005 (Section 42) (Special Inquiry relating to the Garda Síochána) Order 2017 (S.I. No. 196 of 2017)

Garda Síochána (Promotion) (Amendment) Regulations 2016 (S.I. No. 642 of 2016)

Garda Síochána Act 2005 (Appointments to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent) Regulations 2016 (S.I. No. 641 of 2016)

Garda Síochána Act 2005 (Section 52) Regulations 2016 (S.I. No. 640 of 2016)

Garda Síochána (Discipline) (Amendment) Regulations 2016 (S.I. No. 639 of 2016)

Policing Authority (Establishment Day) Order 2015 (S.I. No. 611 of 2015)

Garda Síochána (Discipline) (Amendment) Regulations 2015 (S.I. No. 503 of 2015)

Garda Síochána (Promotion) (Amendment) Regulations 2015 (S.I. No. 334 of 2015)

Garda Síochána Act 2005 (Commencement) Order 2015 (S.I. No. 271 of 2015)

Garda Síochána (Promotion) (Amendment) Regulations 2014 (S.I. No. 331 of 2014)

Garda Síochána Act 2005 (Section 42) (Special Inquiries relating to Garda Síochána) Order 2013 (S.I. No. 481 of 2013)

Garda Síochána (Admissions and Appointments) Regulations 2013 (S.I. No. 470 of 2013)

Garda Síochána (Retirement) Regulations 2013 (S.I. No. 260 of 2013)

Garda Síochána Act 2005 (Section 52) Regulations 2012 (S.I. No. 128 of 2012)

Garda Síochána Act 2005 (Police Service of Northern Ireland Appointments) Regulations 2012 (S.I. No. 127 of 2012)

Garda Síochána (Discipline) (Amendment) Regulations 2011 (S.I. No. 620 of 2011)

Garda Síochána (Associations) (Amendment) Regulations 2011 (S.I. No. 619 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Garda Síochána (Ranks) (No. 2) Regulations 2009 (S.I. No. 390 of 2009)

Garda Síochána (Retirement) Regulations 2009 (S.I. No. 205 of 2009)

Garda Síochána (Ranks) Regulations 2009 (S.I. No. 53 of 2009)

Garda Síochána (Ranks) Regulations 2008 (S.I. No. 192 of 2008)

Garda Síochána (Retirement) Regulations 2007 (S.I. No. 771 of 2007)

Garda Síochána Act 2005 (Commencement) (No. 3) Order 2007 (S.I. No. 217 of 2007)

Garda Síochána Act 2005 (Commencement) (No. 2) Order 2007 (S.I. No. 216 of 2007)

Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007)

Garda Síochána (Confidential Reporting of Corruption Or Malpractice) Regulations 2007 (S.I. No. 168 of 2007)

Garda Síochána (Ranks) Regulations 2007 (S.I. No. 28 of 2007)

Garda Síochána Act 2005 (Commencement) (Section 8) Order 2007 (S.I. No. 16 of 2007)

Garda Síochána (Retirement) (No. 2) Regulations 2006 (S.I. No. 686 of 2006)

Garda Síochána (Retirement) Regulations 2006 (S.I. No. 680 of 2006)

Garda Síochána Act 2005 (Section 19(5)) Order 2006 (S.I. No. 620 of 2006)

Garda Síochána (Admissions and Appointments) (Amendment) Regulations 2006 (S.I. No. 509 of 2006)

Garda Síochána (Promotion) Regulations 2006 (S.I. No. 485 of 2006)

Garda Síochána (Reserve Members) Regulations 2006 (S.I. No. 413 of 2006)

Garda Síochána Inspectorate (Establishment Day) Order 2006 (S.I. No. 401 of 2006)

Garda Síochána Act 2005 (Commencement) (No. 2) Order 2006 (S.I. No. 377 of 2006)

Garda Síochána (CCTV) Order 2006 (S.I. No. 289 of 2006)

Garda Síochána (Ranks) Regulations 2006 (S.I. No. 286 of 2006)

Garda Síochána Act 2005 (Commencement) Order 2006 (S.I. No. 129 of 2006)

Garda Síochána Ombudsman Commission (Establishment Day) Order 2005 (S.I. No. 802 of 2005)

Garda Síochána Act 2005 (Commencement) (No. 2) Order 2005 (S.I. No. 801 of 2005)

Garda Síochána Act 2005 (Commencement) Order 2005 (S.I. No. 370 of 2005)

All statutory instruments up to and including Garda Síochána Act 2005 (Retirement) Regulations 2018 (S.I. No. 28 of 2018), made 6 February 2018, were considered in the preparation of this revision.


Number 20 of 2005


GARDA SÍOCHÁNA ACT 2005

REVISED

Updated to 6 February 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title.

2. Commencement.

3. Interpretation.

3A. Security services.

3B. Policing principles.

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.

13A. Steps to be taken before removal from office by Authority of members of certain 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.

20A. Setting of priorities by Minister for security services.

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 3A (repealed)

Establishment and functions of Garda Síochána Executive Management Board

33A. Establishment day. (repealed)

33B. Establishment of Garda Síochána Executive Management Board. (repealed)

33C. Establishment of Garda Síochána Executive Management Board. (repealed)

33D. Appointment, etc., of non-executive members. (repealed)

33E. Function of Board. (repealed)

33F. Provision of information to non-executive members by Garda Commissioner. (repealed)

33G. Reports to Minister. (repealed)

33H. Saving. (repealed)

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.

41A. Duty of Garda Commissioner to provide information to Authority.

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 2A

Establishment and Functions of Policing Authority

62A. Establishment day of Authority.

62B. Establishment of Authority.

62C. Membership of Authority.

62D. Recommendations for appointment of ordinary members of Authority.

62E. Terms and conditions of appointment of members of Authority.

62F. Ineligibility for appointment, disqualification for office of member of Authority or committee, cessation of membership, etc.

62G. Removal of member of Authority.

62H. Functions of Authority.

62I. Authority to have regard to security services.

62J. Meetings and business.

62K. Committees of Authority.

62L. Power to appoint consultants and advisers and to enter into contracts.

62M. Confidentiality of certain information.

62N. Strategy statement of Authority.

62O. Reports to Minister.

62P. Chief Executive.

62Q. Staff of Authority.

62R. Accountability for accounts of Authority.

62S. Accountability of Authority to other Oireachtas Committees.

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.

102A. Protected disclosures relating to the Garda Síochána.

102B. Investigation of matters relating to Garda Commissioner by Ombudsman Commission.

103. Duty to keep certain persons informed.

103A. Provision of information to Ombudsman Commission.

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.

117A. Recommendations in Inspectorate report.

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. (repealed)

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

126. Regulations relating to matters concerning security of State.

127. Reward Fund and related regulations.

127A. Regulations relating to fees for provision of vetting services.

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


Number 20 of 2005


GARDA SÍOCHÁNA ACT 2005

REVISED

Updated to 6 February 2018


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

[10 th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 20 of 2005

Garda Síochána Act 2005

Sections 17(3)(b), 29, 44(5), 71, 76, 77, 119 and 127(2)

...

...

...

Editorial Notes:

E1

Garda Síochána excluded from definition of public bodies in Freedom of Information Act 2014 (30/2014) in so far as it relates to administrative records relating to human resources, or finance or procurement matters (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(n), commenced as per s. 1(2).