Europol Act 2012

4.

Europol National Unit.

4.— (1) The Europol National Unit (in this Act referred to as the “national unit”) within the Garda Síochána is designated as the national unit for the purpose of this Act and the Council Decision.

(2) The national unit shall operate under the control and general superintendence of the Garda Commissioner.

(3) The Garda Commissioner may assign such and so many members of the Garda Síochána to be members of the national unit as the Garda Commissioner thinks fit.

(4) The Garda Commissioner shall assign the management of the national unit to a member of the Garda Síochána not below the rank of Chief Superintendent and the member so assigned shall be known as the “head of the national unit”.

(5) The Garda Commissioner may assign other duties to the head of the national unit during his or her assignment as such.

(6) ( a) The Minister, after consultation with the Garda Commissioner, the Minister for Public Expenditure and Reform and such other Minister of the Government (if any) as the Minister considers appropriate in the circumstances and, in relation to officers of the Revenue Commissioners, with the Revenue Commissioners, may, appoint such and so many persons who are not members of the Garda Síochána to be members of the national unit.

( b) An appointment under paragraph (a) shall be on such conditions as may be agreed with the Minister for Public Expenditure and Reform.

(7) A member of the Garda Síochána or an officer of the Revenue Commissioners, who is a member of the national unit, notwithstanding his or her appointment as such, shall continue to be vested with and may perform the functions of a member of the Garda Síochána or an officer of the Revenue Commissioners, as may be appropriate, for purposes other than the purposes of this Act, as well as for the purposes of this Act.

(8) Unless the context otherwise requires or the Minister by order otherwise provides, the references in the Council Decision to a Member State (whether specific or general) shall, in so far as those references apply to the State, be construed and have effect as if they were references to the national unit.