Garda Síochána Act 2005


Special assistance.

74.— (1) The Ombudsman Commission may, for the purposes of performing its functions under this Act, enter into arrangements as follows:

(a) with the Garda Commissioner for the engagement of members of the Garda Síochána below the rank of Garda Commissioner who have applied to the Commissioner to be considered for service under such arrangement;

(b) with any police service outside the State for the engagement of police officers from that service;

(c) with any other body for the engagement of other persons.

(2) Arrangements under subsection (1) may provide for the persons concerned to be engaged (on contract or otherwise) for a period of temporary service with the Ombudsman Commission.

(3) If designated by the Ombudsman Commission for the purpose of conducting an investigation under section 98 or under that section as applied by section 102 F133[or 102B], a person who is a member of the Garda Síochána or another police service and who is engaged under this section for a period of temporary service with the Commission, has, in relation to that investigation, only the powers, immunities and privileges conferred and the duties imposed under sections 98 and 99.

(4) During a period of temporary service with the Ombudsman Commission, a member of the Garda Síochána is not subject to the direction or control of the Garda Commissioner, but—

(a) the member is entitled to continue to be paid as a member of the Garda Síochána,

(b) the member’s service with the Commission is considered to be service with the Garda Síochána for pension, seniority and promotion purposes, and

(c) the member is entitled to claim compensation under F134[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 duties with the Commission.




Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 3, S.I. No. 150 of 2015.


Substituted (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 33(d), S.I. No. 163 of 2023.