Garda Síochána Act 2005

25

Directives.

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.]

Annotations

Amendments:

F40

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 23(a), S.I. No. 612 of 2015.

F41

Substituted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 23(b), S.I. No. 612 of 2015.

F42

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 23(c), S.I. No. 612 of 2015.