6.— (1) The police force called the Garda Síochána continues in being under this Act as a police service.

(2) The Government may continue to maintain, equip and pay the Garda Síochána.

7.— (1) The function of the Garda Síochána is to provide F6[policing and security, including vetting, services for the State] with the objective of—

(a) preserving peace and public order,

(b) protecting life and property,

(c) vindicating the human rights of each individual,

(d) protecting the security of the State,

(e) preventing crime,

(f) bringing criminals to justice, including by detecting and investigating crime, and

(g) regulating and controlling road traffic and improving road safety.

(2) For the purpose of achieving the objective referred to in subsection (1), the Garda Síochána shall co-operate, as appropriate, with other Departments of State, agencies and bodies having, by law, responsibility for any matter relating to any aspect of that objective.

(3) In addition to its function under subsection (1), the Garda Síochána and its members have such functions as are conferred on them by law including those relating to immigration.

(4) This section does not affect any powers, immunities, privileges or duties that members of the Garda Síochána have by virtue of any other enactment or at common law.

(5) This section is not to be taken to confer on any person a right in law that he or she would not otherwise have to—

(a) require the Garda Síochána to perform a function or provide a service referred to in this section or to desist from any action, or

(b) seek damages for a member of the Garda Síochána’s performance of, or failure to perform, such function or for his or her provision of, or failure to provide, such service.

8.— (1) No member of the Garda Síochána in the course of his or her official duties may institute a prosecution except as provided under this section.

(2) Subject to subsection (3), any member of the Garda Síochána may F7[institute or conduct] prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.

F8[(2A) Where a prosecution is instituted by a member of the Garda Síochána pursuant to subsection (2), the prosecution may be conducted by that member or any other such member.]

(3) In deciding whether to institute and in instituting or conducting a prosecution, a member of the Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection (4).

(4) The Director of Public Prosecutions may give, vary or rescind directions concerning the institution and conduct of prosecutions by members of the Garda Síochána.

(5) Directions under subsection (4) may be of a general or specific nature and may, among other things, prohibit members of the Garda Síochána from—

(a) instituting or conducting prosecutions of specified types of offences or in specified circumstances, or

(b) conducting prosecutions beyond a specified stage of the proceedings.

(6) If a prosecution is instituted or conducted by a member of the Garda Síochána in the name of the Director of Public Prosecutions—

(a) the member is presumed, unless the contrary is proved, to have complied with this section and any applicable direction given by the Director under this section, and

(b) nothing done by the member in instituting or conducting the prosecution is invalid by reason only of the member’s failure to comply with this section or that direction.

(7) Nothing in this section—

(a) precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a prosecution instituted by a member of the Garda Síochána, or

(b) authorises a member of the Garda Síochána to institute a proceeding without the consent of the Director of Public Prosecutions if an enactment prohibits the institution of that proceeding except by or with the Director’s consent.

(8) For the purpose of this section—

(a) a direction is of a general nature if it relates to a class of prosecutions, and

(b) a direction is of a specific nature if it relates to the prosecution of a person for a specific offence.

F9[9. (1) Subject to this section, the appointment of a person to be the Commissioner of the Garda Síochána shall, upon the nomination of the Authority, be made by the Government.

(2) The Authority shall not nominate a person under subsection (1) unless it has, with the prior approval in writing of the Government, invited the Service to undertake a selection competition for that purpose and the Service has undertaken such a competition.

(3) The Authority shall, with the approval of the Minister, agree with the Service the requirements relating to knowledge, ability and suitability for appointment as the Garda Commissioner for the purposes of a selection competition under this section.

(4) A person shall not be nominated by the Authority under subsection (1) unless it is satisfied that the person is suitable for appointment as the Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions assigned to the Garda Commissioner by or under this Act.

(5) The Service shall provide the Authority with particulars of the experience, qualifications, training and expertise of a person whom it recommends for nomination by the Authority under subsection (1) for appointment as the Garda Commissioner.

(6) Subject to subsection (7), where the Authority nominates a person for appointment as the Garda Commissioner under subsection (1), the Government shall accept the nomination.

(7) (a) In exceptional circumstances, where the Government, for substantial and stated reasons, are unable to accept the nomination by the Authority of a particular person for appointment as the Garda Commissioner, they shall inform the Authority of that fact and the reasons for it and request the Authority to nominate another person for appointment.

(b) The Authority shall—

(i) consider the Government’s reasons provided in accordance with paragraph (a), and

(ii) unless the Authority disagrees with those reasons and wishes to make representations to the Government in that behalf,

nominate another person for appointment.

(8) A person who holds the office of Garda Commissioner may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.

(9) The Government shall, as soon as may be, inform the Authority of the resignation of a person under subsection (8).]

F10[10. (1) The Government may determine the number of persons who may be appointed to the rank of Deputy Garda Commissioner and, subject to this section, the appointment of a person to that rank shall, upon the nomination of the Authority, be made by the Government.

(2) The Authority shall not nominate a person under subsection (1) unless it has, with the prior approval in writing of the Government, invited the Service to undertake a selection competition for that purpose and the Service has undertaken such a competition.

(3) The Authority shall, with the approval of the Minister, agree with the Service the requirements relating to knowledge, ability and suitability for appointment to the rank of Deputy Garda Commissioner for the purposes of a selection competition under this section.

(4) A person shall not be nominated by the Authority under subsection (1) unless it is satisfied that the person is suitable for appointment to the rank of Deputy Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training or expertise as is appropriate having regard, in particular, to the functions that may be assigned to a member of that rank.

(5) The Service shall provide the Authority with particulars of the experience, qualifications, training and expertise of a person whom it recommends for nomination by the Authority under subsection (1) for appointment to the rank of Deputy Garda Commissioner.

(6) Subject to subsection (7), where the Authority nominates a person for appointment to the rank of Deputy Garda Commissioner under subsection (1), the Government shall accept the nomination.

(7) (a) In exceptional circumstances, where the Government, for substantial and stated reasons, are unable to accept the nomination by the Authority of a particular person for appointment to the rank of Deputy Garda Commissioner, they shall inform the Authority of that fact and the reasons for it and request the Authority to nominate another person for appointment.

(b) The Authority shall—

(i) consider the Government’s reasons provided in accordance with paragraph (a), and

(ii) unless the Authority disagrees with those reasons and wishes to make representations to the Government in that behalf,

nominate another person for appointment.

(8) A person who holds the office of Deputy Garda Commissioner may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.

(9) The Government shall, as soon as may be, inform the Authority of the resignation of a person under subsection (8).]

F11[11. (1) Subject to section 12, a person who holds the office of Garda Commissioner or Deputy Garda Commissioner may be removed from office by the Government, but only for stated reasons, including because—

(a) the person has failed to perform the functions of the office with due diligence and effectiveness or, in the case of the Garda Commissioner, has failed to have regard to any of the matters specified in section 26(2),

(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or

(c) the removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda Síochána.

(2) The Authority may, for the purposes of subsection (1), recommend to the Government the removal from office of a person who holds the office of Garda Commissioner or Deputy Garda Commissioner if the reasons for removal relate to policing services, and the Government shall consider any such recommendation.

(3) Subject to section 13A, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Authority, but only for stated reasons related solely to policing services, including because—

(a) the person has failed to perform the functions of the office relating to policing services with due diligence and effectiveness,

(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office relating to policing services, or

(c) the removal of the person from office would, in the opinion of the Authority, be in the best interests of the Garda Síochána.

(4) Subject to section 12, a person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may be removed from office by the Government in circumstances other than those to which subsection (3) relates, but only for stated reasons, including because—

(a) the person has failed to perform the functions of the office with due diligence and effectiveness,

(b) the person has engaged in conduct that brings discredit on the office or that may prejudice the proper performance of the functions of the office, or

(c) the removal of the person from office would, in the opinion of the Government, be in the best interests of the Garda Síochána.

(5) On notifying under section 12(1)(a) or 13A(1)(a), as may be appropriate, a person who holds the office of Garda Commissioner, Deputy Garda Commissioner, Assistant Garda Commissioner, chief superintendent or superintendent that the Government or the Authority, as the case may be, intends to consider removing him or her from office, the Government or the Authority, as the case may be, may immediately suspend the person from duty.

(6) A suspension from duty under subsection (5) continues until the Government or the Authority, as the case may be, makes a decision in relation to the matter under consideration, but only if there is no undue delay in taking steps under section 12 or 13A, as may be appropriate, in making that decision.

(7) Subject to subsection (8), the Government shall, as soon as may be, inform the Authority of a proposal to remove a person from office under subsection (1) or (4) and any related suspension from duty under subsection (5).

(8) The Government shall consult with the Authority before the removal of a person from office under—

(a) subsection (1), if the reasons for removal relate to policing services, or

(b) subsection (4), if the reasons for removal include reasons relating to policing services.

(9) The Authority shall, as soon as may be, inform the Government of a proposal to remove a person from office under subsection (3) and any related suspension from duty under subsection (5).]

12.— F12[(1) Before considering the removal of a person from office under subsection (1) or (4) of section 11, the Government shall—

(a) notify the person that the Government intends to consider the matter and include in the notification a statement of their reasons for doing so, and

(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

(1A) The Government shall inform the Authority of a notification to a person under subsection (1)(a) if the reasons for the removal from office of the person—

(a) in the case of a removal under section 11(1), relate either solely or partially to policing services, or

(b) in the case of a removal under section 11(4), relate partially to policing services.]

(2) The Government may, if they consider it necessary or appropriate to do so, appoint a person to—

(a) hold an inquiry into any matter giving rise to a notification under subsection (1), and

(b) report to the Government on the findings of the inquiry.

(3) A person appointed under this section to hold an inquiry may do one or more of the following:

(a) direct a person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person’s power or control;

(c) summon witnesses to attend the inquiry;

(d) direct a witness to answer a question put to him or her at the inquiry;

(e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

(4) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (3), the High Court may, on application by the person appointed under this section—

(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

(b) make such other (if any) order as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.

(5) A person who—

(a) is notified under subsection (3) and who, without lawful excuse, refuses or fails to comply with a direction under subsection (3)(a) or (b),

(b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (3)(c),

(c) refuses to answer a question that the person conducting the inquiry may legally direct him or her to answer, or

(d) does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 6 months or both.

F13[(5A) A statement or admission made by a person pursuant to a direction under subsection (3) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (5)).]

(6) If an inquiry is held, the Government shall—

(a) consider the report on the findings of the inquiry,

F14[(aa) in a case where the reasons for the proposed removal from office of the person concerned relate either solely or partially to policing services, inform the Authority of the findings of the inquiry in so far as they relate to policing services,]

(b) make a copy of the report available to the person whose removal from office is the subject of the report, and

(c) give that person an opportunity to make representations relating to the report.

(7) As soon as practicable after a person is F15[removed from office under subsection (1) or (4) of section 11], the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.

F16[13. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the number of persons who may be appointed to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent in the Garda Síochána and the Authority may, in accordance with the regulations and having undertaken a selection competition for that purpose, appoint a person to any of those ranks.

(2) A person who holds the office of Assistant Garda Commissioner, chief superintendent or superintendent may resign from office by notice in writing addressed to the Authority and the resignation shall take effect on the date the Authority receives the notice or, if a date is specified in the notice and the Authority agrees to that date, on that date.]

13A. (1) Before considering the removal of a person from office under section 11(3), the Authority shall—

(a) notify the person that the Authority intends to consider the matter and include in the notification a statement of the reasons for doing so, and

(b) give the person an opportunity to make representations as to why he or she ought not to be removed from office.

(2) The Authority shall inform the Government of a notification to a person under subsection (1)(a).

(3) The Authority may, if it considers it necessary or appropriate to do so, appoint a person to—

(a) hold an inquiry into any matter giving rise to a notification under subsection (1), and

(b) report to the Authority on the findings of the inquiry.

(4) A person appointed under this section to hold an inquiry may do one or more of the following:

(a) direct any person, by notice delivered to him or her, to provide any information that is specified in the notice and is required for the purposes of the inquiry;

(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice a document specified in the notice that is relevant to the inquiry and is in the person’s power or control;

(c) summon witnesses to attend the inquiry;

(d) direct a witness to answer a question put to him or her at the inquiry;

(e) give any other direction that appears to the person appointed under this section to be necessary, just and reasonable for the purposes of the inquiry;

(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry.

(5) If a person fails or refuses to comply with or disobeys a direction or summons under subsection (4), the High Court may, on application by the person appointed under this section—

(a) order the person in relation to whom the application was made to comply with the direction or, in the case of a summons, to attend the inquiry, and

(b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry.

(6) A person—

(a) to whom a notice is delivered under subsection (4) and who, without lawful excuse, refuses or fails to comply with a direction under paragraph (a) or (b) of that subsection,

(b) who fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (4)(c),

(c) who refuses to answer a question that the person conducting the inquiry may lawfully direct him or her to answer, or

(d) who does or omits to do in relation to the inquiry any other thing the doing or omission of which would, if the inquiry had been a proceeding in the High Court, have been contempt of that Court,

is guilty of an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or both.

(7) A statement or admission made by a person pursuant to a direction under subsection (4) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (6)).

(8) If an inquiry is held, the Authority shall—

(a) consider the report on the findings of the inquiry,

(b) make a copy of the report available to the person whose removal from office is the subject of the report, and

(c) give that person an opportunity to make representations relating to the report.

(9) As soon as practicable after a person is removed from office under section 11(3), the Authority shall inform the Minister of the removal of the person from office and the reasons for it and the Minister shall cause a statement of the reasons for the removal to be laid before each House of the Oireachtas.]

14.— (1) The Garda Commissioner may appoint, subject to and in accordance with the regulations, such numbers of persons as he or she sees fit to the ranks of garda, sergeant and inspector in the Garda Síochána.

(2) Notwithstanding anything in this Act or the regulations, the Garda Commissioner may dismiss from the Garda Síochána a member not above the rank of inspector if—

(a) the Commissioner is of the opinion that—

(i) by reason of the member’s conduct (which includes any act or omission), his or her continued membership would undermine public confidence in the Garda Síochána, and

(ii) the dismissal of the member is necessary to maintain that confidence,

(b) the member has been informed of the basis for the Commissioner’s opinion and has been given an opportunity to respond to the stated basis for that opinion and to advance reasons against the member’s dismissal,

(c) the Commissioner has considered any response by the member and any reasons advanced by the member, but the Commissioner remains of his or her opinion, and

(d) F18[the Authority] consents to the member’s dismissal.

(3) Subsection (2) is not to be taken to limit the power to make or amend Disciplinary Regulations.

15.— (1) The Garda Commissioner may, subject to subsection (4) and the regulations, appoint persons as reserve members of the Garda Síochána to assist it in performing its functions.

(2) A person is not eligible to be appointed as a reserve member unless he or she has completed the prescribed training.

(3) Subject to subsection (5), a reserve member has, while on duty, the same powers, immunities, privileges and duties as a person appointed under section 14 to the rank of garda.

(4) The power to appoint persons under subsection (1) may be exercised only if—

(a) the Garda Commissioner has submitted proposals to F19[the Authority] for the training of persons to be so appointed, and

(b) regulations have been made concerning their recruitment and training and prescribing the terms and conditions of their position.

(5) The Garda Commissioner F20[, following consultation with the Authority,] may determine the range of powers to be exercised and duties to be carried out by reserve members.

F21[(6) A reserve member is a volunteer and does not perform his or her functions as such a member under a contract of employment.]

16.— (1) On being appointed, each member of the Garda Síochána shall make before a Peace Commissioner a declaration in the following form:

“I hereby solemnly and sincerely declare before God that—

• I will faithfully discharge the duties of a member of the Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and according equal respect to all people,

• while I continue to be a member, I will to the best of my skill and knowledge discharge all my duties according to law, and

• I do not belong to, and will not while I remain a member form, belong to or subscribe to, any political party or secret society whatsoever.”.

(2) The words “before God” may be omitted from the declaration at the request of the declarant.

F22[17. (1) The Authority shall, within 12 months of the establishment day of the Authority, establish a code of ethics that includes—

(a) standards of conduct and practice for members, and

(b) provisions to encourage and facilitate the reporting by members of wrongdoing in the Garda Síochána.

(2) The Authority shall, before establishing a code of ethics under this section, consult with the following about the content of the code:

(a) the Minister;

(b) the Minister for Public Expenditure and Reform;

(c) the Garda Commissioner;

(d) the representative associations established under section 18 of this Act or section 13 of the Garda Síochána Act 1924;

(e) any recognised trade union or staff association representing members of the civilian staff of the Garda Síochána;

(f) the Irish Human Rights and Equality Commission;

(g) the Standards in Public Office Commission;

(h) the Ombudsman Commission;

(i) any other person or body appearing to the Authority to have an interest in the matter.

(3) In preparing a code of ethics under this section, the Authority shall have regard to—

(a) the policing principles,

(b) the standards, practices and procedures applicable to the conduct of police officers in other Member States of the European Union, and

(c) any relevant recommendations of the Council of Europe.

(4) A code of ethics, or specified provisions of such a code, established under this section may apply with such modifications as may be specified therein to members of the civilian staff of the Garda Síochána.

(5) The Authority may, in like manner to the establishment of a code of ethics under this section, amend or revoke such a code.

(6) Whenever the Authority establishes, amends or revokes a code of ethics under this section, the Authority shall provide the Minister with a copy of the code as so established, amended or revoked and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.

(7) The Authority shall publish a code of ethics established under this section in such manner as it considers appropriate.

(8) The Garda Commissioner shall take such steps as are necessary to ensure that all members have read and understood a code of ethics established under this section and that a record is kept of the steps so taken in relation to each member.]

18.— (1) For the purpose of representing members of the Garda Síochána in all matters affecting their welfare and efficiency (including pay, pensions and conditions of service), there may be established, in accordance with the regulations, one or more than one association for all or any one or more of the ranks of the Garda Síochána below the rank of Assistant Garda Commissioner.

(2) An association established under subsection (1) must be independent of and not associated with any body or person outside the Garda Síochána, but it may employ persons who are not members of the Garda Síochána.

(3) A member of the Garda Síochána shall not be or become a member of any trade union or association (other than an association established under this section or section 13 of the Garda Síochána Act 1924) any object of which is to control or influence the pay, pensions or conditions of service of the Garda Síochána.

(4) If any question arises whether any body or association is a trade union or association referred to in subsection (3), the question shall be determined by the Minister whose determination shall be final.

(5) The Minister—

(a) may, notwithstanding subsection (2), authorise an association established under this section to be associated with a person or body outside the Garda Síochána in such cases and in such manner and subject to such conditions or restrictions as he or she may specify, and

(b) may vary or withdraw any such authorisation.

(6) An association established under this section for the purpose of representing members of the Garda Síochána holding the rank of Garda may include persons admitted, in accordance with the regulations, to training for membership in the Garda Síochána.

19.— (1) F23[Subject to subsection (2A), the Garda Commissioner may appoint] such numbers of persons as civilian staff of the Garda Síochána F23[as may be approved by the Authority with the consent of the Minister and] the Minister for Finance.

(2) The Garda Commissioner shall determine the grades of civilian staff and the numbers in each grade in the categories of professional, administrative and specialist staff, F23[as may be approved by the Authority with the consent of the Minister and] the Minister for Finance.

F24[(2A) The civilian staff of the Garda Síochána of grades that are equivalent to or above that of chief superintendent in the Garda Síochána shall be appointed by the Authority.]

(3) A member of civilian staff of the Garda Síochána is a civil servant of the Government.

(4) F25[…]

(5) Every member of the staff of the Department of Justice, Equality and Law Reform designated by order of the Minister for the purposes of this section shall, on being so designated, be transferred to and become a member of the civilian staff of the Garda Síochána.

(6) Before making an order for the purpose of subsection (5), the Minister shall—

(a) notify in writing any recognised trade union or staff association concerned of the Minister’s intention to do so, and

(b) consider, within such time as may be specified in the notification, any representations made by that trade union or staff association in relation to the matter.

(7) Schedule 2 has effect in relation to staff transferred under this section.

F26[20. (1) The Authority shall, in accordance with this section and with the approval of the Minister—

(a) determine, and from time to time revise, priorities for the Garda Síochána in performing its functions relating to policing services, and

(b) establish, and from time to time revise, levels of performance ("performance targets") to be aimed at in seeking to achieve the objective of each priority referred to in paragraph (a).

(2) The Authority shall consult with the Garda Commissioner before determining or revising priorities or establishing or revising performance targets under this section.

(3) Where the Minister approves the determination or revision of priorities or the establishment or revision of performance targets, as the case may be, he or she shall convey that approval in writing.

(4) As soon as practicable after the determination or revision of priorities and the establishment or revision of performance targets, the Authority shall supply the Minister and the Garda Commissioner with a copy of the determined priorities, the established performance targets and any revisions to those priorities or performance targets.

(5) As soon as practicable after the Minister receives a copy of the determined priorities, the established performance targets or any revisions to those priorities or performance targets under subsection (4), the Minister shall cause a copy of them to be laid before each House of the Oireachtas.

(6) The Garda Commissioner shall—

(a) inform the Authority of the measures taken to achieve the objectives of the priorities determined and performance targets established under this section and of the outcome of those measures, and

(b) supply that information within the time specified by the Authority or, if no such time is specified, in the annual report submitted to the Authority under section 46.]

20A. (1) The Minister may—

(a) determine, and from time to time revise, priorities for the Garda Síochána in performing its functions relating to security services, and

(b) establish, and from time to time revise, levels of performance ("performance targets") to be aimed at in seeking to achieve the objective of each priority referred to in paragraph (a).

(2) The Minister shall—

(a) consult with the Garda Commissioner before determining or revising priorities or establishing or revising performance targets, and

(b) supply the Garda Commissioner with a copy of the determined priorities, the established performance targets and any revisions to those priorities or performance targets.

(3) Subject to subsection (4), as soon as practicable after the determination or revision of priorities and the establishment or revision of performance targets, the Minister shall cause a copy of the priorities or performance targets or revisions thereto, as the case may be, to be laid before each House of the Oireachtas.

(4) The Minister may exclude from the copy of the priorities or performance targets or revisions thereto, as the case may be, to be laid before each House of the Oireachtas any matter that, in his or her opinion—

(a) would be prejudicial to the interests of national security, or

(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

(5) The Garda Commissioner shall—

(a) inform the Minister of the measures taken to achieve the objectives of the priorities determined and performance targets established under this section and of the outcome of those measures, and

(b) supply that information within the time specified by the Minister.]

21. F28[(1) Subject to subsection (6) —

(a) not later than 6 months after the establishment day of the Authority, and

(b) not later than 3 months before the expiry of the period to which the previous strategy statement relates,

the Garda Commissioner shall submit to the Authority for its approval (with the consent of the Minister) a strategy statement for the Garda Síochána and for policing services for the following 3 years.]

(2) The strategy statement F29[…] must include the following:

(a) a mission statement;

(b) medium term objectives, the strategies to achieve those objectives and the expected outputs and outcomes;

(c) an identification of issues of concern to Departments of State and agencies in the State and a plan for managing those issues.

(3) In preparing the strategy statement, the Garda Commissioner shall have regard to the following matters:

(a) relevant Government policy;

F30[(b) the priorities determined by the Authority under section 20 relating to policing services and any priorities that may be determined by the Minister under section 20A relating to security services;]

(c) the resources expected to be available to the Garda Síochána for the period to which the statement F30[relates;]

(d) the need to ensure the most beneficial, effective and F30[efficient use of those resources;]

F31[(e) the policing principles]

(4) F32[The Authority shall, with the consent of the Minister, approve] the strategy statement—

(a) in the form of the draft submitted, or

F32[(b) with such amendments as the Authority with the consent of the Minister, after consulting with the Garda Commissioner, may determine.]

F32[(5) As soon as practicable after the approval of the strategy statement under subsection (4), the Authority shall send a copy of the approved strategy statement to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.]

(6) F32[The Authority] may direct that the strategy statement be submitted at shorter intervals than every 3 years and cover a shorter period than 3 years.

22.—F33[(1) The Garda Commissioner shall each year prepare a policing plan setting out the proposed arrangements for policing services for the following year.]

(2) In preparing a policing plan, the Garda Commissioner shall have regard to the following:

(a) the priorities determined and performance targets established under section 20;

(b) the strategy statement in operation under section 21 during the year to which the plan relates;

(c) relevant directives issued under section 25;

(d) the resources expected to be available to the Garda Síochána for that year and the proposed allocation of those resources;

(e) relevant F33[Government policy;]

F34[(f) the policing principles.]

(3) In preparing the policing plan, the Garda Commissioner may have regard to the most recent report of each joint policing committee.

(4) Before the month of November in each year, the Garda Commissioner shall submit to F35[the Authority] for approval a draft of the policing plan for the following year.

(5) F35[The Authority shall, with the consent of the Minister, approve] the policing plan—

(a) in the form of the draft submitted, or

F35[(b) with such amendments as the Authority with the consent of the Minister, after consulting with the Garda Commissioner, may determine.]

F35[(6) As soon as practicable after the approval of the policing plan under subsection (5), the Authority shall send a copy of the approved policing plan to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas as soon as practicable after he or she receives it.]

23.— (1) At the end of each 3 year period, the Garda Commissioner shall submit to F36[the Authority] a report, prepared by the Commissioner, containing a review of the efficiency and effectiveness of the management and deployment of resources available to the Garda Síochána F37[for policing services] during that 3 year period.

(2) The first 3 year period begins on the day this section comes into operation and each subsequent 3 year period begins on the day after the end of the period for which the previous report was submitted.

(3) The report may contain recommendations that the Garda Commissioner considers necessary for improving the management and deployment of resources.

(4) As soon as practicable F38[after receiving the report, the Authority shall send a copy of the report to the Minister and the Minister shall], subject to subsection (5), cause a copy of it to be laid before each House of the Oireachtas.

(5) The Minister may exclude from the copies of reports that are to be laid before the Houses of the Oireachtas any matter that, in his or her opinion—

(a) would be prejudicial to the interests of national security, or

(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

24.— (1) As soon as practicable after the commencement of this section, the Garda Commissioner shall establish a Professional Standards Unit, to be headed by an officer not below the rank of chief superintendent, to—

(a) examine and review, as directed by the Commissioner, the operational, administrative and management performance of the Garda Síochána at all levels,

(b) propose measures to the Commissioner to improve that performance, and

(c) promote the highest standards of practice, as measured by reference to the best standards of comparable police services, in operational, administrative and management matters relating to the Garda Síochána.

(2) Not later than 31 March in each year, the Garda Commissioner shall submit a report to F39[the Authority] on the activities of the Professional Standards Unit in the preceding year.

25.— (1) Following the approval of the Government, the Minister may issue to the Garda Commissioner written directives concerning any matter relating to the Garda Síochána.

F40[(1A) The Authority may recommend to the Minister that a directive concerning a specified matter relating to policing services be issued under subsection (1).

(1B) Following the approval of the Government, the Minister may issue to the Authority written directives concerning any matter relating to policing services insofar as the matter concerned relates to the functions of the Authority under this Act.]

F41[(2) The Garda Commissioner and the Authority shall, in performing their respective functions under this Act, comply with any directive issued to the Commissioner or the Authority, as the case may be, under this section.]

(3) As soon as practicable after issuing a directive under this section, the Minister shall cause a copy of the directive to be laid before each House of the Oireachtas, but if compliance with this requirement might prejudice the security of the State or might impede the prevention, investigation or prosecution of an offence, it is sufficient if a written statement indicating that a directive has been issued is laid before each House.

(4) The Minister’s power under subsection (1) may not be exercised to limit the independence of a member of the Garda Síochána in performing functions relating to the investigation of a specific offence or the prosecution of an offence as authorised by section 8.

(5) The Garda Commissioner shall inform the Minister of the measures taken by the Commissioner to comply with a directive issued under this section and supply the information within the time specified by the Minister.

F42[(6) The Authority shall inform the Minister of the measures taken by the Authority to comply with a directive issued to it under this section and supply the information within the time specified by the Minister.

(7) The Minister shall supply the Authority with the information supplied to him or her by the Garda Commissioner under subsection (5) regarding the measures taken by the Garda Síochána to comply with a directive issued to the Commissioner under this section if and insofar as the directive and that information relate to policing services.]

26.— (1) Subject to this Act and the regulations, the Garda Commissioner has the following functions:

(a) to direct and control the Garda Síochána;

(b) to carry on and manage and control generally the administration and business of the Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff;

(c) to advise the Minister on policing and security matters;

F43[(ca) to assist and co-operate with the Authority in order to facilitate the performance by the Authority of its functions under this Act;]

(d) to perform any other functions that are assigned to him or her by this Act or that may, by regulation, be assigned to him or her.

(2) In performing his or her functions, the Garda Commissioner shall have regard to the following matters:

(a) the objective of promoting effectiveness, efficiency and economy in the Garda Síochána;

(b) the priorities and performance targets in operation F44[under sections 20 and 20A] at the relevant time;

(c) any relevant policies of the Minister or the Government;

(d) the strategy statement in operation under section 21 at that time;

(e) the annual policing plan prepared under section 22;

F44[(f) any directive issued to him or her under section 25;

(g) the policing principles.]

(3) The Garda Commissioner is accountable to the Minister for the performance of the Commissioner’s functions and those of the Garda Síochána.

27.— (1) The Garda Commissioner F46[and the Authority, having regard to the respective functions of the Commissioner and the Authority under this Act,] shall make arrangements for obtaining the views of the public about F47[matters concerning policing services].

(2) Before making any arrangements under this section, the Garda Commissioner shall consult with F48[the Authority] about the proposed arrangements and F48[the Authority] may approve the arrangements—

(a) as proposed, or

(b) with such revisions as F48[the Authority], after consulting with the Commissioner, may determine.

28.— (1) With the prior consent of the Government, the Garda Commissioner may, on behalf of the Garda Síochána, enter into an agreement with a police service or other law enforcement agency outside the State.

(2) The agreement may provide for the co-operation of the parties or the exchange of information or such other matters as the Garda Commissioner thinks fit.

28A. (1) The Garda Commissioner may, with the prior consent of the Government, enter into an agreement on behalf of the Garda Síochána with a relevant person or body for the purpose of facilitating the performance by each party to the agreement of their respective functions, which agreement may, for that purpose, provide for—

(a) the co-operation of the parties,

(b) the exchange of information between the parties, or

(c) such other matters as the Garda Commissioner thinks fit.

(2) Subject to the General Data Protection Regulation and the Data Protection Acts 1988 to 2018, the Garda Commissioner may, pursuant to and in accordance with the terms of an agreement under this section, provide information to, and receive information from, the other party to the agreement.

(3) In this section—

"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ¹on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

"relevant person or body" means a person or body outside the State in whom or in which functions are vested under the law of a place other than the State that are equivalent, or similar, to the functions of—

(a) the Ombudsman Commission under this or any other enactment,

(b) the Garda Síochána Inspectorate under this or any other enactment,

(c) the Authority under this or any other enactment,

(d) a coroner under the Coroners Act 1962,

(e) a commission of investigation under the Commissions of Investigation Act 2004,

(f) a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, or

(g) the Criminal Assets Bureau.]

29.— (1) Subject to this Act and the regulations, the Garda Commissioner may, for the purposes of performing his or her functions under this Act in relation to the administration and business of the Garda Síochána—

(a) enter on behalf of the Garda Síochána into a contract with any person or body concerning any matter arising in relation to those functions,

(b) with the prior consent of the Minister and the Minister for Finance, operate in the State or elsewhere bank accounts of any description, and

(c) do any other thing necessary for enabling the Commissioner to perform those functions.

(2) Subject to the consent of the Minister and the Minister for Finance, the power conferred by subsection (1)(a) includes the power to engage consultants or advisers to assist the Garda Commissioner in performing functions under this Act.

(3) The power conferred by subsection (1)(a) does not include the power to enter into a contract relating to land or an interest in land.

(4) The Garda Commissioner may sue and be sued in the name of his or her office.

(5) A contract entered into under this section by a person holding the office of Garda Commissioner is binding on and enforceable by that person and his or her successors in office, but neither that person nor any successor in office is personally liable on the contract.

(6) Subsection (5) applies whether or not the contract was entered into pursuant to a power delegated under section 31.

(7) Notwithstanding subsection (1)(b), the Garda Commissioner does not have power to borrow money by means of a bank overdraft or otherwise.

30.— (1) At the request of a person, the Garda Commissioner may provide and charge for police services for events on private property or in areas open to the public or, subject to the regulations, for police services of a kind described in subsection (3), if—

(a) it is in the public interest and consistent with the functions of the Garda Síochána to provide the services, and

(b) the Commissioner is satisfied that the person has paid or will pay to the Commissioner the charges for the services.

(2) The following are examples of the types of events for which police services may be provided under this section:

(a) sports fixtures;

(b) concerts;

(c) festivals and exhibitions;

(d) meetings and conferences;

(e) the making of films, videos, television programmes and advertisements;

(f) appearances by individuals or groups of individuals likely to attract large numbers of people.

(3) Police services relating to the protection, whether by means of police escorts or otherwise, of persons or property at risk of harm while in transit within the State may be provided under this section, but only in the circumstances and to the extent authorised by regulation under section 122(1)(o).

(4) Subject to any regulation under section 122(1)(p), the Garda Commissioner may set charges for police services provided under this section that are sufficient to cover the costs of providing those services.

(5) The Public Offices Fees Act 1879 does not apply to any charges payable under this section.

(6) The Garda Commissioner may recover as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due under this section.

31.— (1) Subject to the regulations, the Garda Commissioner may, in writing, delegate any of his or her functions under this Act to—

(a) members of the Garda Síochána specified by rank or name, or

(b) members of the Garda Síochána’s civilian staff specified by grade, position, name or otherwise.

(2) A delegation under this section may—

(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

(b) be made subject to conditions or restrictions, and

(c) be revoked or varied by the Garda Commissioner at any time.

(3) The delegation of a function does not preclude the Garda Commissioner from performing the function.

(4) Where the Garda Commissioner’s functions under a provision of this Act are delegated to a person, any references in that provision to the Commissioner are to be read as references to that person.

(5) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Garda Commissioner.

32.— (1) The Minister may authorise a Deputy Garda Commissioner to perform the functions of the Garda Commissioner—

(a) during any absence, incapacity or suspension from duty of the Garda Commissioner, or

(b) during any vacancy in the office of Garda Commissioner.

F50[(2) During any absence of the Garda Commissioner or other circumstance referred to in paragraph (a) or (b) of subsection (1), the Minister may authorise an Assistant Garda Commissioner to perform the functions of the Garda Commissioner—

(a) where the offices at the rank of Deputy Garda Commissioner are vacant, or

(b) during any absence, incapacity or suspension from duty of all officers at the rank of Deputy Garda Commissioner.]

F51[(3) The Minister shall notify the Authority of an authorisation given by him or her under subsection (1) or (2).

(4) Where a Deputy Garda Commissioner or an Assistant Garda Commissioner is authorised under this section to perform the functions of the Garda Commissioner, the provisions of section 11 relating to the removal from office of the Garda Commissioner (and not those relating to a Deputy Garda Commissioner or an Assistant Garda Commissioner, as the case may be) shall apply to such a Deputy Garda Commissioner or Assistant Garda Commissioner if the reasons for his or her removal from office relate to the performance of those functions during the period of his or her authorisation under this section.]

33.— (1) Subject to section 22, the Garda Commissioner shall determine the manner in which the Garda Síochána are to be distributed and stationed throughout the State.

(2) The Garda Commissioner shall, to the extent practicable, ensure that members of the Garda Síochána stationed in a district that includes a Gaeltacht area are sufficiently competent in the Irish language to enable them to use it with facility in carrying out their duties.

(3) In this section “Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 F52[and continued to be such an area by section 7(1) of the Gaeltacht Act 2012].

33A.— F55[…]]

33B.— F57[…]]

33C.— F59[…]]

33D.— F61[…]]

33E.—F63[…]]

33F.— F65[…]]

33G.— F67[…]]

33H.— F69[…]]

34.— In this Chapter, unless the context otherwise requires, “administrative area” F70[…] and “public authority” have the meanings given by section 2 of the Local Government Act 2001.

35.— F71[(1) The Authority shall, after consulting with the Minister and the Minister for the Environment, Community and Local Government, issue to local authorities and the Garda Commissioner guidelines concerning the establishment and maintenance of joint policing committees by local authorities and the Garda Commissioner.]

(2) Guidelines issued under this section concerning a joint policing committee may include provision for—

(a) the establishment of the committee,

(b) the membership of the committee, including the appointment to it of—

(i) members of the local authority concerned nominated by it for such appointment,

(ii) members of the Garda Síochána nominated by the Garda Commissioner in accordance with subsection (3),

(iii) F71[members of the Houses of the Oireachtas],

(iv) persons nominated by other public authorities, and

(v) such other persons (including persons representing local community interests) as may be provided for in the guidelines,

(c) the appointment as chairperson of the committee of a member of the local authority concerned who has been nominated in accordance with paragraph (b)(i),

(d) the term of office of the chairperson and other members of the committee,

(e) matters arising in connection with the attendance at committee meetings of members who are also F71[members of the Houses of the Oireachtas],

(f) the circumstances in which committee meetings may be held otherwise than in public,

(g) the establishment, membership, terms of reference and procedures of subcommittees,

(h) the preparation of reports by the committee, their ratification by the local authority concerned and their distribution,

(i) the co-operation of the committee with other joint policing committees,

(j) the joint action of the committee and other joint policing committees,

(k) the funding of the committee and F71[any subcommittees,]

F71[(l) the establishment and operation by the committee as it considers necessary of local policing fora within neighbourhoods of the administrative area of the local authority concerned to discuss and make recommendations to the committee concerning matters that the committee is to keep under review under section 36(2)(a) or on which the committee is to advise under section 36(2) (b), insofar as those matters affect their neighbourhoods,

(m) the co-operation of, and consultation by, the committee with such other public authorities, bodies or persons, including local policing fora referred to in paragraph (l), as may be required by the committee in the performance of its functions, and

(n) such other matters as the Authority considers appropriate.]

(3) In nominating members of the Garda Síochána for appointment to a joint policing committee, the Garda Commissioner shall have regard to the need to ensure that such members are of appropriate rank and seniority.

F71[(4) The Authority may, after consulting with the Minister and the Minister for the Environment, Community and Local Government—

(a) revise any guidelines issued under this section, or

(b) withdraw those guidelines and issue new guidelines.

(5) The Authority shall supply a copy of guidelines issued under this section, and of any revisions to them, to the Minister as soon as practicable after the guidelines are issued or revised and the Minister shall cause a copy of such guidelines, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.]

F72[(6) The Authority may convene meetings of the chairpersons, and such other members as the Authority considers appropriate, of joint policing committees for the purpose of coordinating, or otherwise facilitating, the performance by such committees of the functions assigned to them.]

36.— (1) A local authority and the Garda Commissioner shall arrange for the establishment of a joint policing committee in accordance with guidelines issued under section 35.

(2) The joint policing committee’s function is to serve as a forum for consultations, discussions and recommendations on matters affecting the policing of the local authority’s administrative area, and in particular to—

(a) keep under review—

(i) the levels and patterns of crime, disorder and antisocial behaviour in that area (including the patterns and levels of misuse of alcohol and drugs), and

(ii) the factors underlying and contributing to the levels of crime, disorder and anti-social behaviour in the area,

(b) advise the local authority concerned and the Garda Síochána on how they might best perform their functions having regard to the need to do everything feasible to improve the safety and quality of life and to prevent crime, disorder and anti-social behaviour within the area,

(c) arrange and host public meetings concerning matters affecting the policing of the local authority’s administrative area,

(d) F73[…]

(e) co-ordinate the activities of F74[local policing fora established in accordance with guidelines issued under section 35].

(3) F75[…]

(4) Neither the joint policing committee nor any of its subcommittees may consider matters relating to a specific criminal investigation or prosecution or matters relating to the security of the State.

(5) Not later than 3 months after the end of each year, the joint policing committee shall—

(a) submit to the local authority a report on the performance of its functions during the preceding year, and

(b) supply a copy of the report to F76[the Authority,] the Minister, the Garda Commissioner and such other persons as may be specified in the guidelines issued under section 35.

(6) A statement that, in the course of a discussion at a meeting of a joint policing committee or of any of its subcommittees, is made in any form and without malice by a member of the committee or subcommittee or by a person attending the meeting at the request of the committee or subcommittee is privileged for purposes of the law of defamation and so is any subsequent publication of the statement made without malice.

37.— (1) A local authority shall, in performing its functions, have regard to the importance of taking steps to prevent crime, disorder and anti-social behaviour within its area of responsibility.

(2) Subsection (1) is not to be taken to confer on any person a right in law that the person would not otherwise have to require a local authority to take any steps referred to in that subsection or to seek damages for a local authority’s failure to take such steps.

38.— (1) The Garda Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places by facilitating the deterrence, prevention, detection and prosecution of offences.

(2) The Garda Commissioner shall specify the areas within which, based on the information available to him or her, the installation and operation of CCTV is warranted for the purpose specified in subsection (1).

(3) Authorisation may be given to any or all of the following:

(a) members of the Garda Síochána;

(b) persons who meet the established criteria and who are retained under a contract with the Garda Commissioner;

(c) persons who meet the established criteria and whose application for authorisation in respect of a specified area within the administrative area of a local authority has been approved by the local authority after consulting with the joint policing committee for that administrative area.

(4) The Garda Commissioner shall establish criteria for the purposes of subsection (3)(b).

(5) F77[The Authority shall, by order, made with the approval of the Government], establish criteria for the purposes of subsection (3)(c) and may establish different criteria for different classes of applicants for authorisation.

(6) An authorisation may contain such terms and conditions as the Garda Commissioner considers necessary—

(a) generally for the purpose of this section, and

(b) in relation only to an authorisation given under subsection (3)(c), for the purposes of controlling and supervising the operation of the CCTV to which the authorisation relates.

(7) A person given an authorisation under subsection (3)(c) shall ensure that members of the Garda Síochána have access at all times to the CCTV to which that authorisation relates for the purpose of—

(a) supervising and controlling the operation of the CCTV on behalf of the Garda Commisioner, or

(b) retrieving information or data recorded by the CCTV.

(8) The Garda Commissioner may—

(a) issue directions to authorised persons in relation to the installation and operation of CCTV, and

(b) with F77[the consent of the Authority], revoke, for failure to comply with the terms and conditions of the authorisation or with a direction issued by the Commissioner, an authorisation given under subsection (3)(c).

(9) On being notified by the Garda Commissioner of the revocation of an authorisation under subsection (8), the person to whom the authorisation was given shall terminate the operation of the CCTV to which the revoked authorisation relates.

(10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

(11) F77[The Authority, with the consent of the Minister]—

(a) shall issue guidelines to the Garda Commissioner concerning the supervision and control by the Commissioner of the monitoring of CCTV by authorised persons, and

(b) may revise those guidelines or may withdraw them and issue new guidelines.

F77[(12) The Authority shall supply a copy of any guidelines issued under this section, and of any revisions to them, to the Minister as soon as practicable after the guidelines are issued or revised and the Minister shall cause a copy of any such guidelines, and of any revisions to them, to be laid before each House of the Oireachtas as soon as practicable after he or she receives them.]

(13) This section does not apply to the installation or operation of CCTV on any premises by the owner or occupier of the premises for the purpose of safeguarding persons or property on the premises or in its environs.

(14) In this section—

“authorisation” means an authorisation given by the Garda Commissioner under this section;

“authorised person” means a person referred to in subsection (3)(b) or (c) who holds an authorisation;

“CCTV” means any fixed and permanent system employing optical devices for recording visual images of events occurring in public places;

“operation”, in relation to CCTV, includes the maintainance and monitoring of CCTV;

“public place” means a place to which the public have or are permitted access, whether as of right or by express or implied permission;

“specified area” means an area specified under subsection (2).

39.— (1) A member of the Garda Síochána shall, when directed to do so by a member of a higher rank F80[or a designated officer of the Ombudsman Commission], account for any act done or omission made by the member while on duty.

(2) A failure to comply with a direction under subsection (1) shall be the subject of disciplinary action in accordance with the Disciplinary Regulations.

(3) The member concerned shall be informed by the member of higher rank F80[or designated officer] that such failure may lead to dismissal from the Garda Síochána.

(4) Any information provided by a member of the Garda Síochána in accordance with a direction under subsection (1) is not admissible in any criminal proceedings against the member and this shall be explained to the member in ordinary language by the member of higher rank F80[or designated officer].

(5) For the purpose of subsection (4) “criminal proceedings” does not include disciplinary proceedings.

40.— (1) The Garda Commissioner shall account fully to the Government and the Minister through the Secretary General of the Department of Justice, Equality and Law Reform for any aspect of his or her functions.

F81[(1A) Notwithstanding subsection (1), the Garda Commissioner shall report to the Authority with regard to policing services in order to facilitate the performance by the Authority of its functions under this Act.]

(2) The Garda Commissioner’s duty under subsection (1) includes the duty to provide, on request by the Secretary General, any document in the power or control of the Garda Síochána, including material in the form of Garda records, statements made by members F82[…] and by other persons and reports.

F83[(2A) The Garda Commissioner’s duty under subsection (1A) includes the duty to provide, on request by the Authority, any document relating to policing services in the power or control of the Garda Síochána.]

(3) The Garda Commissioner shall provide the Attorney General with all of the material specified in subsection (2) that is required by the Attorney General in connection with the conduct of legal proceedings on behalf of the State.

41.— (1) The Garda Commissioner shall keep the Minister and the Secretary General of the Department of Justice, Equality and Law Reform fully informed of the following:

(a) matters relating to significant developments concerning—

(i) the preservation of peace and public order in the State,

(ii) the protection of life and property in the State, and

(iii) the protection of the security of the State;

(b) significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána;

(c) matters relevant to the accountability of the Government to the Houses of the Oireachtas;

(d) any other matters that, in the Commissioner’s opinion, should be brought to the Minister’s attention.

(2) Whenever required by the Minister, the Garda Commissioner shall submit to the Minister a report on any matters connected with the policing or security of the State or the performance of the Commissioner’s other functions that may be specified in the requirement.

(3) A report under subsection (2) must—

(a) address matters of general or specific concern that are specified in the Minister’s requirement, and

(b) be made in the form and within the period specified in the requirement.

F84[(3A) If and insofar as a report under subsection (2) relates to matters concerning policing services, the Minister shall inform the Authority of those matters.]

(4) The Minister may publish all or part of a report submitted under this section.

41A. (1) The Garda Commissioner shall keep the Authority fully informed of the following:

(a) matters relevant to the functions of the Authority under this Act;

(b) any other matters that, in the opinion of the Commissioner, should be brought to the attention of the Authority having regard to its functions under this Act.

(2) Whenever required by the Authority, the Garda Commissioner shall submit to the Authority a report on any matters connected with policing services or the performance of the functions of the Commissioner relating to such services that may be specified in the requirement.

(3) A report under subsection (2) shall—

(a) address the matters of general or specific concern that are specified in the Authority’s requirement, and

(b) be made in the form and within the period specified in that requirement.

(4) The Authority may publish all or a part of a report submitted under this section.]

42.—F87[ (1) The Minister may, with respect to any matter considered by him or her to be of public concern, on his or her own initiative or, in the case of a matter relating to policing services, either—

(a) having consulted with the Authority, or

(b) on the request of the Authority, where the Authority is satisfied that an inquiry should be ordered,

by order appoint a person to—

(i) inquire into any aspect of the administration, operation, practice or procedure of the Garda Síochána, or the conduct of its members, and

(ii) make a report to the Minister on the conclusion of the inquiry.

(1A) If, following a request under paragraph (b) of subsection (1) from the Authority to do so, the Minister does not make an order under that subsection, the Minister shall inform the Authority of his or her reasons for not doing so.]

(2) A person who, in the Minister’s opinion, has the experience, qualifications, training or expertise appropriate for the inquiry may be appointed to conduct the inquiry.

F88[(3) The Minister shall, subject to subsection (3A), specify the terms of reference of the inquiry in the order under subsection (1) and may, by order, made at any time before the submission of the final report, amend those terms of reference for the purpose of clarifying, limiting or extending the scope of the inquiry.

(3A) Where the matter the subject of the inquiry relates to policing services, the Minister shall consult with the Authority before specifying or amending, as the case may be, the terms of reference of the inquiry.]

(4) For the purpose of the inquiry, the appointed person—

(a) may require a member of the Garda Síochána, F89[a member of the Authority nominated for that purpose by the Authority,] or any other person, who possesses information or possesses or controls a document or thing that is relevant to the inquiry to provide the information, document or thing to the appointed person, and

(b) where appropriate, may require the member F89[, member of the Authority] or other person to attend before the appointed person for that purpose.

(5) The member F89[, the member of the Authority] or other person shall co-operate with the inquiry and answer fully and truthfully any question put to him or her by the appointed person.

F90[(6) Where the member, member of the Authority or other person fails to comply with a requirement under subsection (4), the High Court may, on application by the appointed person and on notice to the member, member of the Authority or other person, as may be appropriate—

(a) order the member, member of the Authority or person to comply with the requirement, and

(b) include in the order any other provision it considers necessary to enable the order to have full effect.]

(7) If the member F89[, member of the Authority] or other person fails to comply with such an order, the Court may treat the failure for all purposes as if it were a contempt of the Court.

(8) A failure by the member to comply with a requirement under subsection (4) may be the subject of disciplinary action in accordance with the Disciplinary Regulations.

(9) Any information, document or thing provided by a person in accordance with a requirement under subsection (4) is not admissible in any criminal proceedings against the person, and this shall be explained to the person in ordinary language by the appointed person.

(10) The Minister may publish all or part of any report received under this section.

(11) This section applies even if the matter considered by the Minister to be of public concern arose before the passing of this Act.

(12) The power to order an inquiry under this Act is additional to any power conferred by this or another Act relating to inquiries or investigations.

(13) In this section—

"appointed person" means a person appointed under this section to conduct an inquiry;

"criminal proceedings" does not include disciplinary proceedings.]

43.— (1) The Garda Commissioner is the accounting officer in relation to the appropriation accounts of the Garda Síochána for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

(2) Whenever required to do so by the Committee of Public Accounts, the Garda Commissioner shall give evidence to it on the following matters:

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or record of account subject to audit by the Comptroller and Auditor General;

(b) the economy and the efficiency of the Garda Síochána in using its resources;

(c) the systems, procedures and practices employed by the Garda Síochána for evaluating the effectiveness of its operations;

(d) any matter affecting the Garda Síochána that is referred to in—

(i) a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or

(ii) any other report of the Comptroller and Auditor General that is laid before Dáil Éireann in so far as the report relates to a matter specified in any of paragraphs (a) to (c).

(3) In carrying out duties under subsection (2), the Garda Commissioner shall not—

(a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy,

(b) discuss matters relating to the security of the State,

(c) provide information, other than financial information, relating to specific criminal investigations or prosecutions except an investigation or prosecution relating to money or assets for which he or she is the accounting officer, or

(d) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of a person.

44.— (1) As soon as practicable after the commencement of this section, the Garda Commissioner shall establish an audit committee to perform the functions specified in section 45.

(2) The audit committee is to consist of the following persons, all of whom are to be appointed by F91[the Authority]:

(a) a Deputy Garda Commissioner F92[or a member of the civilian staff of the Garda Commissioner of a grade equivalent to that of Deputy Garda Commissioner];

(b) not fewer than 4 other persons who have relevant skills and experience and none of whom is, or has ever been, a member of the Garda Síochána.

(3) F91[The Authority] shall designate as the chairperson of the audit committee one of the persons appointed under subsection (2)(b).

F91[(4) The members of the audit committee hold office for the period that may be determined by the Authority, but a member—

(a) may resign from the committee by letter addressed to the Authority, or

(b) may at any time be removed from office by the Authority for stated reasons.]

(5) The members appointed under subsection (2)(b) hold office on such terms and conditions as may be F91[determined by the Authority with the consent of the Minister] and the Minister for Finance.

(6) The Garda Commissioner shall ensure that the audit committee is provided with the necessary secretarial and other resources to enable it to perform its functions.

F92[(7) The audit committee may act notwithstanding one or more than one vacancy in its membership, including a vacancy that results in subsection (2) not being complied with.]

45.— (1) The audit committee shall—

(a) advise the Garda Commissioner on F93[governance and financial matters] relating to his or her functions,

(b) report in writing at least once a year to the Commissioner on those matters and on its activities in the previous year, and

(c) provide F93[the Authority and the Minister] with a copy of each report.

(2) The audit committee’s duties under subsection (1)(a) include advising on the following matters:

(a) the proper implementation of F93[Government guidelines on governance and financial issues];

(b) compliance with section 22 of the Exchequer and Audit Departments Act 1866, section 19 of the Comptroller and Auditor General (Amendment) Act 1993 and any other obligations imposed by law relating to financial matters;

(c) the appropriateness, efficiency and effectiveness of the Garda Síochána’s procedures relating to—

(i) public procurement,

(ii) seeking sanction for expenditure and complying with that sanction,

(iii) acquiring, keeping custody of and disposing of assets,

(iv) risk management,

(v) financial reporting, and

(vi) internal audits.

(3) The audit committee shall meet at least 4 times in each year and may invite a person who has responsibility within the Garda Síochána for internal audits or for any financial matters or any other person it considers appropriate to attend specific meetings.

(4) The Garda Commissioner shall—

(a) ensure that the audit committee is provided with all of the Garda Síochána’s audit reports, audit plans and monthly reports on expenditures, and

(b) if he or she has reason to suspect that any material misappropriation of the money for which he or she is the accounting officer, or any fraudulent conversion or misapplication of the Garda Síochána’s property, may have taken place, report the matter to the committee as soon as practicable.

(5) In addition, the Garda Commissioner shall, subject to subsection (6), ensure that the audit committee is provided at its request with details of any financial matter or procedure necessary for performing its functions, including details relating to—

(a) any contract that the Commissioner proposes to enter into and that involves the expenditure of more than an amount specified by the committee, and

(b) any legal action against the Commissioner that gives rise to a potential financial liability.

(6) Details shall not be provided under subsection (5) in response to a request if the Garda Commissioner—

(a) considers that the provision of the details requested could prejudice the security of the State or endanger life, and

(b) so certifies in a statement to the audit committee.

46.— (1) Not later than 4 months after the end of each year, the Garda Commissioner shall submit to F94[the Authority] a report, in such form as F94[the Authority] may direct, on F94[policing services] during that year.

(2) The report must include an account of the following F95[relating to policing services]:

(a) the implementation of the policing plan for the year to which the report relates;

(b) the performance of the Garda Síochána’s functions during that year;

(c) the achievement of the performance targets established under section 20 for the year;

(d) the implementation of any directives under section 25 laid before the Houses of the Oireachtas during the year;

(e) any other matter that the Garda Commissioner thinks fit.

F95[(2A) As soon as practicable and not later than 30 days after receiving the report, the Authority shall supply a copy of it to the Minister.]

(3) As soon as practicable and not later than 30 days after receiving the report, the Minister shall cause a copy of it to be laid before each House of the Oireachtas.

47.— (1) The Garda Commissioner shall ensure that, in respect of each specified period, statistical information concerning offences, criminal proceedings and the state of crime in the State is compiled and stored.

(2) The Garda Commissioner shall make information compiled in accordance with subsection (1) available to the Minister and the Central Statistics Office at the times and in the manner that the Minister may require.

(3) In this section “specified period” means—

F96[(a) the period beginning on 1 July 2007 and ending 3 months after that date, and]

(b) each subsequent period of 3 months beginning on the day after the end of the previous period.

48.— (1) Where a member of the Garda Síochána commits an actionable wrong in the course of performing the member’s functions under this Act—

(a) the State is liable to an action for damages in respect of damage resulting from the wrong as if the State were the employer of the member, and

(b) the member is, for the purposes of such liability, deemed to be the servant of the State in so far as the member was acting in the course of performing his or her functions under this Act.

(2) In proceedings brought against the State by virtue of this section, the plaintiff need not name as a defendant the member or members of the Garda Síochána alleged to have committed the actionable wrong.

(3) Nothing in this section affects any right of the State to—

(a) join an individual member of the Garda Síochána as a defendant to proceedings in respect of an actionable wrong to which this section applies, or

(b) recover contribution or seek indemnity from an individual member of the Garda Síochána who is, or who, if sued at the time of the commission of that wrong, would have been, liable in respect of the same damage.

(4) This section applies to proceedings initiated after the commencement of this section.

(5) This section does not apply to a wrong committed by the use of a mechanically propelled vehicle belonging to the State.

(6) In this section—

“actionable wrong” means a tort or breach of a constitutional right, whether or not the wrong is also a crime and whether or not the wrong is intentional;

“damage” includes loss of property, loss of life and personal injury;

“damages” includes exemplary damages and aggravated damages;

“personal injury” includes any disease and any impairment of a person’s physical or mental condition.

49.— (1) The Minister may contribute to the legal costs of a member of the Garda Síochána who is charged with a criminal offence if—

(a) any of the acts that are alleged to constitute the offence was directly related to the performance of the member’s functions,

(b) the Minister is of the opinion that the member’s financial circumstances are such that those costs would result in undue hardship, and

(c) the contribution does not exceed the sum that would be payable if a legal aid certificate were granted in respect of the applicable court proceedings.

(2) In this section—

“legal aid certificate” has the meaning given by section 9(2) of the Criminal Justice (Legal Aid) Act 1962;

“legal costs” means any fees, costs or other expenses properly incurred by a member referred to in subsection (1) in preparing and conducting—

(a) the member’s defence to the offence charged, and

(b) if applicable, the member’s appeal or stated case in relation to that offence.

50.— (1) In this Chapter, unless the context otherwise requires—

“An tArd-Chláraitheoir” has the meaning given by section 1(1) of the Civil Registration Act 2004;

“Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

“disciplinary action” means—

(a) dismissal,

(b) requirement to retire or resign as an alternative to dismissal,

(c) reduction in rank,

(d) reduction in pay not exceeding 4 weeks’ pay,

(e) reprimand,

(f) warning,

(g) caution, or

(h) advice;

“eligible member” means a member who has offered in writing to be available during a specified period for international service and whose offer has been accepted by the Garda Commissioner;

“international organisation” includes—

(a) the United Nations,

(b) the Organisation for Security and Co-operation in Europe,

(c) the European Union or any institution or body of the European Union, and

(d) any force or mission organised by, or operating with the mandate of, an international organisation as defined in any of paragraphs (a) to (c);

“international service” means service outside the State under section 51(1) or (2).

(2) The text of the 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 is set out in Schedule 3 for convenience of reference.

51.—F97[(1) Subject to subsection (3), the Garda Commissioner shall assign eligible members of the Garda Síochána in such numbers and of such rank, as the Government may determine for service outside the State—

(a) to carry out duties of a police character with an international organisation,

(b) to advise others on, or to monitor their performance of, such duties, or

(c) to participate in a special intervention unit, within the meaning of Part 7A (inserted by section 31 of the Criminal Justice (Mutual Assistance) (Amendment) Act 2015) of the Criminal Justice (Mutual Assistance) Act 2008, for the control of a crisis situation occurring in the territory of a member state.]

F97[(2) Subject to subsection (3), the Garda Commissioner may assign eligible members of the Garda Síochána for service outside the State—

(a) to carry out liaison duties with Europol or, subject to the agreement of the Government, with a law enforcement agency of a state other than the State,

(b) as members of a joint investigation team within the meaning of the Criminal Justice (Joint Investigation Teams) Act 2004, as amended by section 96 of the Criminal Justice (Mutual Assistance) Act 2008,

(c) in connection with the making of a controlled delivery outside the State pursuant to a request under section 89 of the Criminal Justice (Mutual Assistance) Act 2008, or

(d) on secondment to an international organisation with the consent of the Minister.]

(3) An eligible member may be assigned under this section only for the period specified by the member in his or her offer to be available for international service.

(4) This Act, the regulations, and the F98[the Garda Síochána (Compensation) Act 2022] continue to apply to members while on international service.

(5) Nothing in this section prevents members of the Garda Síochána stationed in the State from travelling outside the State in the course of carrying out their duties.

52.— (1) F99[The Authority, with the approval of the Government] may appoint members of the Police Service of Northern Ireland to such ranks in the Garda Síochána F100[not above Assistant Garda Commissioner and] not below superintendent as may be prescribed.

(2) The number or proportion of vacancies in each rank to which such members may be appointed may also be prescribed.

(3) In determining the eligibility of a member of the Police Service of Northern Ireland to apply for appointment to a rank of the Garda Síochána under this section, appropriate recognition shall be given to the rank, experience and qualifications that would be required for appointment to an equivalent rank in the Police Service of Northern Ireland.

(4) Such a member shall compete in a merit-based selection procedure with other applicants for appointment to the rank in the Garda Síochána concerned.

53.— (1) Subject to subsection (3), the Garda Commissioner may, at the request of the Chief Constable—

(a) appoint a member of the Police Service of Northern Ireland to a rank in the Garda Síochána not above that of inspector for a period not exceeding 3 years, or

(b) request F101[the Authority] to appoint such a member to a rank in the Garda Síochána F102[ not above that of Assistant Garda Commissioner and] not below that of superintendent for such period.

F103[(2) Subject to subsection (3), the Authority may comply with a request under subsection (1)(b) but may do so only with the approval of the Government.]

(3) The ranks in the Garda Síochána to which such members may be appointed under this section and the number of such members to be so appointed may be prescribed.

(4) A person appointed under this section shall, during the appointment—

(a) be under the direction and control of the Garda Commissioner, and

(b) subject to subsection (5), have the powers, immunities, privileges and duties of a member of the Garda Síochána of the rank to which he or she was appointed.

(5) The F104[Garda Síochána (Compensation) Act 2022 does] not apply in relation to a person appointed under this section.

(6) The Garda Commissioner or F105[the Authority, with the approval of the Government,], as the case may be, may terminate an appointment under this section.

F106[(7) The Government may terminate an appointment approved by them under subsection (2).]

54.— (1) The Garda Commissioner may, on application by a member of the Garda Síochána, arrange with the Chief Constable, for the member’s secondment to the Police Service of Northern Ireland for a period not exceeding 3 years.

(2) The Garda Commissioner may terminate a secondment to the Police Service of Northern Ireland.

(3) During the period of secondment—

(a) the member shall continue to be paid as a member of the Garda Síochána, but shall not be subject to the direction or control of the Garda Commissioner or be entitled to exercise in the State any of such a member’s powers,

(b) the member’s service shall be regarded as service with the Garda Síochána for pension, promotion and seniority purposes, and

(c) the member is entitled to claim compensation under F107[the Garda Síochána (Compensation) Act 2022 for injuries inflicted as a result of a malicious incident within the meaning of that Act] in the course of or in relation to the carrying out of his or her duties with the Police Service of Northern Ireland as if he or she had not been seconded and the injuries had been received in the course of or in relation to the carrying out of his or her duties as a member of the Garda Síochána.

(4) The number and rank of members of the Garda Síochána who may be seconded under this section may be prescribed.

55.— (1) A member of the Garda Síochána who, while on secondment to the Police Service of Northern Ireland, does or omits to do any act the doing or omission of which by a member of that service would constitute a breach of discipline is liable on the expiry or termination of the period of secondment to disciplinary action by the F108[the Garda Commissioner, the Authority or the Government, as may be appropriate], in respect of the breach.

(2) Disciplinary action under subsection (1) may be based on—

(a) a finding, under the law and procedure for the time being applicable in relation to the investigation of breaches of discipline by members of the Police Service of Northern Ireland, that the member of the Garda Síochána concerned is in breach of discipline,

(b) a decision on any appeal against or review of the finding,

(c) any relevant court proceedings, and

(d) any related documents.

(3) Before taking any disciplinary action under subsection (1), the F109[the Garda Commissioner, the Authority or the Government], as the case may be, shall—

(a) send a copy of the findings to the member of the Garda Síochána concerned, and

(b) give that member an opportunity, within a specified period, to show cause why the action should not be taken against him or her.

(4) The Disciplinary Regulations may make provision for the procedures to be followed after the receipt by the member concerned of the copy of the findings referred to in subsection (3).

(5) In any proceedings—

(a) a document purporting to be a finding or decision mentioned in subsection (2) is evidence, unless the contrary is proved, of the finding or decision, and

(b) a document purporting to be a report of court proceedings or a related document mentioned in that subsection is evidence, unless the contrary is proved, of the matters referred to in the report or related document.

(6) In this section “breach of discipline” means an act or omission that if done or made by a member of the Police Service of Northern Ireland could be the subject of disciplinary action by the authorities in Northern Ireland.

56.— (1) Subject to subsections (2) to (4), Part 4 and the Disciplinary Regulations apply to a person appointed to a rank in the Garda Síochána under section 53 who does or omits to do any act the doing or omission of which would, if he or she were appointed otherwise than under that section, give rise to the taking of disciplinary action.

(2) For as long as a person referred to in subsection (1) is a member of the Police Service of Northern Ireland, an investigation under Part 4 and any investigation or proceeding under the Disciplinary Regulations in relation to that person may proceed to its conclusion even though his or her period of secondment has expired or been terminated.

(3) No disciplinary action may be taken against a person referred to in subsection (1), but the Garda Commissioner shall transmit to the Chief Constable the prescribed material relating to the person.

(4) The Garda Commissioner shall inform F110[the Authority and the Minister] of any transmission of documents under subsection (3).

57.— (1) The Minister may, by regulations made with the consent of the Minister for Health and Children, provide for the keeping of a record of any of the following events occurring outside the State while a member of the Garda Síochána is on international service or is on secondment to the Police Service of Northern Ireland:

(a) the member’s death;

(b) the death, in such circumstances as may be specified in the regulations, of the member’s spouse or of such other relatives as may be specified in the regulations;

(c) the birth, in such circumstances as may be specified in the regulations, of a child of the member.

(2) Records kept pursuant to regulations made under this section must be—

(a) authenticated in such manner and by such person as may be specified for the purpose in those regulations, and

(b) transmitted to an tArd-Chláraitheoir in such manner as may be specified in the regulations.

(3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(4) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation is laid before it under subsection (3), annul the regulation.

58.— (1) An tArd-Chláraitheoir shall maintain a register to be known as the Garda Síochána Deaths Register Book (in this section referred to as the Deaths Book) and shall cause an entry to be made in the Deaths Book of each record of a death transmitted in accordance with section 57(2)(b).

(2) An tArd-Chláraitheoir shall maintain a register to be known as the Garda Síochána Births Register Book (in this section referred to as the Births Book) and shall cause an entry to be made in the Births Book of each record of a birth transmitted in accordance with section 57(2)(b).

(3) An entry made under subsection (1) or (2) must be in such form as may be specified in the regulations under section 57 and must contain such particulars as may be specified in those regulations.

(4) For the purposes of the Civil Registration Act 2004, the Deaths Book and the Births Book are deemed to be register books within the meaning of those Acts, but section 27(3) of the Births and Deaths Registration Act (Ireland) 1880 has, in its application to the Deaths Book and the Births Book, effect as if—

(a) “upon payment of the appointed fee, and” were deleted, and

(b) the reference to a statutory declaration made by one or more persons required by that Act to give information concerning the birth or death referred to in that paragraph were a reference to a statement in writing made by a person specified under section 57(2)(a).

(5) An tArd-Chláraitheoir shall keep at his or her office an index to the Deaths Book and an index to the Births Book.

(6) Any person is entitled to search the index to the Deaths Book and the index to the Births Book and to have a certified copy of an entry in either book or of items contained in the entry on the same terms and conditions in all respects as to fees and otherwise that are applicable under the Civil Registration Act 2004 or any other enactment in respect of the registers of births and deaths.

(7) Fees payable under subsection (6) are to be collected and disposed of in the same manner as fees payable under the Civil Registration Act 2004.

59.— (1) A person is guilty of an offence if he or she induces, or does any act calculated to induce, any member of the Garda Síochána to withhold his or her services or to commit a breach of discipline.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

60.— (1) A person is guilty of an offence if he or she—

(a) impersonates a member of the Garda Síochána, or

(b) makes any statement or does any act calculated falsely to suggest that he or she is such a member.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

61.— (1) A person is guilty of an offence if he or she, not being a member of the Garda Síochána—

(a) has in his or her possession any article of Garda uniform or any equipment supplied to a member of the Garda Síochána and is not able satisfactorily to account for possessing it,

(b) puts on or wears—

(i) without the Garda Commissioner’s permission, any article of Garda uniform of any rank or member of the Garda Síochána, or

(ii) without reasonable excuse, any imitation of such article or uniform,

or

(c) for the purpose of doing or procuring to be done any act that he or she would not by law be entitled to do or procure to be done of his or her own authority, assumes the name, designation or description of any rank of or any member of the Garda Síochána.

(2) A person is guilty of an offence if he or she, without lawful authority, has in his or her possession or uses in connection with any trade, business, calling or profession or for any other purpose any article, equipment or vehicle containing or having on it any distinctive badge or crest so closely resembling the badge or crest of the Garda Síochána as to be likely to deceive.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(4) Nothing in this section prevents the wearing of any uniform or dress in—

(a) a performance in a theatre, on film or on television or other media, or

(b) with the prior approval of the Garda Commissioner, a public place in the course of making a film, television or other media production.

62.— (1) A person who is or was a member of the Garda Síochána or of its civilian staff or who is or was engaged under contract or other arrangement to work with or for the Garda Síochána shall not disclose, in or outside the State, any information obtained in the course of carrying out duties of that person’s office, employment, contract or other arrangement if the person knows the disclosure of that information is likely to have a harmful effect.

(2) For the purpose of this section, the disclosure of information referred to in subsection (1) does not have a harmful effect unless it—

(a) facilitates the commission of an offence,

(b) prejudices the safekeeping of a person in legal custody,

(c) impedes the prevention, detection or investigation of an offence,

(d) impedes the apprehension or prosecution of a suspected offender,

(e) prejudices the security of any system of communication of the Garda Síochána,

(f) results in the identification of a person—

(i) who is a witness in a criminal proceeding or who has given information in confidence to a member of the Garda Síochána, and

(ii) whose identity is not at the time of the disclosure a matter of public knowledge,

(g) results in the publication of information that—

(i) relates to a person who is a witness to or a victim of an offence, and

(ii) is of such a nature that its publication would be likely to discourage the person to whom the information relates or any other person from giving evidence or reporting an offence,

(h) results in the publication of personal information and constitutes an unwarranted and serious infringement of a person’s right to privacy,

(i) reveals information provided in confidence by another state, an international organisation, another police service or an intelligence service, or

(j) affects adversely the international relations or interests abroad of the State, including those with Northern Ireland.

(3) For the purpose of this section, a person is presumed, unless the contrary is proved, to know that disclosure of information referred to in subsection (1) is likely to have a harmful effect if a reasonable person would, in all the circumstances, be aware that its disclosure could have that effect.

(4) Subsection (1) does not prohibit a person from disclosing information referred to in that subsection if the disclosure—

(a) is made to—

(i) the Minister,

(ii) the Attorney General,

(iii) the Director of Public Prosecutions,

(iv) the Chief State Solicitor,

(v) the Criminal Assets Bureau,

(vi) the Comptroller and Auditor General,

(vii) the Ombudsman Commission or an officer of the Commission,

(viii) the Garda Síochána Inspectorate or an officer of the Inspectorate,

(ix) the Revenue Commissioners, or

(x) a member of either of the Houses of the Oireachtas where relevant to the proper discharge of the member’s functions,

(b) is made to a court,

F111[(c) is made to a tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, a commission of investigation established under the Commissions of Investigation Act 2004 or a committee within the meaning of section 2 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 for the purposes of a Part 2 inquiry, within the meaning of that section, under that Act,]

(d) is made in the course of, and in accordance with, the duties of that person’s office or employment or his or her duties under a contract or other arrangement to work with or for the Garda Síochána,

(e) is authorised by the Garda Commissioner, or

(f) is otherwise authorised by law.

(5) A person who contravenes subsection (1) is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exeeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(6) A person who contravenes subsection (1) and who receives any gift, consideration or advantage as an inducement to disclose the information to which the contravention relates or as a reward for, or otherwise on account of, the disclosure of that information is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exeeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 7 years or both.

(7) The provisions of this section are in addition to, and not in substitution for, the provisions of the Official Secrets Act 1963.

(8) In this section “personal information” has the meaning given to it by F111[section 2(1) of the Freedom of Information Act 2014] and includes personal information relating to a deceased individual.