Garda Síochána Act 2005

62H

F119[Functions of Authority

62H. (1) Subject to this Act, the Authority shall

(a) oversee the performance by the Garda Síochána of its functions relating to policing services,

(b) be responsible for

(i) nominating persons for appointment to the office of Garda Commissioner under section 9(1) or to the rank of Deputy Garda Commissioner under section 10(1),

(ii) appointing persons, in accordance with section 13, to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent in the Garda Síochána, and

(iii) removing or recommending the removal, as the case may be, in accordance with section 11 of members of the Garda Síochána at the ranks referred to in subparagraphs (i) and (ii),

(c) establish, amend or revoke a code of ethics in accordance with section 17,

(d) approve, in accordance with section 21, a strategy statement submitted by the Garda Commissioner,

(e) approve, in accordance with section 22, an annual policing plan submitted by the Garda Commissioner,

(f) perform the functions conferred on it by sections 35 and 36 concerning the establishment and maintenance of joint policing committees,

(g) perform the functions conferred on it by section 117A with regard to monitoring, assessing and reporting to the Minister on the measures taken by the Garda Síochána in relation to recommendations made in a report of the Garda Síochána Inspectorate,

(h) inform the Minister of matters relevant to the accountability of the Government to the Houses of the Oireachtas,

(i) provide information and advice to the Minister with regard to matters relating to policing services,

(j) promote and support the continuous improvement of policing in the State, and

(k) perform any other functions conferred on it by this Act or the regulations.

(2) Without prejudice to the generality of subsection (1), the Authority shall

(a) keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions and, in particular, shall keep under review the adequacy of

(i) the corporate governance arrangements and structures within the Garda Síochána,

(ii) the arrangements for the recruitment, training and development of the members and members of the civilian staff of the Garda Síochána,

(iii) the mechanisms in place within the Garda Síochána for the measurement of performance and accountability of such members and staff, and

(iv) the arrangements for managing and deploying the resources available to the Garda Síochána so as to ensure the most beneficial, effective and efficient use of those resources,

(b) provide advice to the Minister before each financial year with regard to the resources that are likely to be required by the Garda Síochána to perform its functions in that financial year,

(c) promote the policing principles,

(d) promote public awareness of matters relating to policing services,

(e) keep the Minister informed of developments in respect of matters relating to policing services and make recommendations to assist the Minister in co-ordinating and developing policy in that regard,

(f) keep itself generally informed as to

(i) complaints made against members of the Garda Síochána and the application of the Disciplinary Regulations, and

(ii) trends and patterns in crimes committed,

(g) undertake, commission or assist in research projects (including by way of public consultation) and other activities in respect of matters relating to policing services, which in the opinion of the Authority, may

(i) promote an improvement in standards for those matters and public awareness of them, or

(ii) contribute to a reduction in the number of complaints against members of the Garda Síochána in relation to those matters,

and make recommendations to the Minister arising from those projects or activities, and

(h) provide advice to the Minister with regard to best policing practice.

(3) Subject to this Act, the Authority may do anything which it considers necessary or expedient to enable it to perform its functions, including liaising and co-operating with bodies (whether statutory or otherwise) that are relevant to those functions.

(4) Any function of the Authority, other than nominating a person for appointment to, or recommending the removal of a person from, the office of Garda Commissioner or Deputy Garda Commissioner, may be performed through or by the Chief Executive or other member of its staff duly authorised in that behalf by the Authority.

(5) The Chief Executive or other member of the staff of the Authority who, pursuant to subsection (4), performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.

(6) The Authority may provide for the performance by a committee, under the general direction of the Authority, of one or more of its functions, other than nominating a person for appointment to, or recommending the removal of a person from, the office of Garda Commissioner or Deputy Garda Commissioner.]

Annotations

Amendments:

F119

Inserted (23.12.2015) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 44, S.I. No. 612 of 2015.