41.— The Act of 2005 is amended by the insertion of the following Chapter after section 33:

“Chapter 3A

Establishment and functions of Garda Síochána Executive Management Board

Establishment day.

33A.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Chapter.

Establishment of Garda Síochána Executive Management Board.

33B.— On the establishment day, a body to be known as An Bord Bainistíochta Feidhmiúcháin an Gharda Síochána or, in the English language, the Garda Síochána Executive Management Board (in this Chapter referred to as “the Board”) stands established to perform the function assigned to it by this Chapter.

Membership of Board.

33C.— (1) The Board consists of—

(a) executive members who are responsible for performing the Board’s function, and

(b) 3 non-executive members, who participate in an advisory capacity in relation to the performance of that function.

(2) The executive members of the Board are—

(a) the Garda Commissioner, who is its chairperson,

(b) the Deputy Garda Commissioners, and

(c) a member of the civilian staff of the Garda Síochána of a grade equivalent to that of Deputy Garda Commissioner.

(3) The non-executive members of the Board are persons who are not serving or former members of the Garda Síochána or its civilian staff.

(4) At least one of the non-executive members of the Board shall be a woman and at least one of them shall be a man.

Appointment, etc., of non-executive members.

33D.— (1) The non-executive members of the Board shall—

(a) be appointed by the Government on the nomination of the Minister,

(b) be persons who have expertise in the strategic and financial management of organisations, the management of their human resources or the planning and review functions relating to them or have other relevant experience, and

(c) serve on the Board in a non-executive capacity to provide advice in relation to annual policing plans, budgetary matters, allocation of resources, technology, equipment, setting of targets, training, development and leadership and other related matters.

(2) Subject to subsection (5), a non-executive member holds office for a period of 4 years and is eligible for re-appointment for a second term.

(3) The terms and conditions of appointment of non-executive members, including those relating to remuneration, shall be determined by the Minister in consultation with the Minister for Finance.

(4) A non-executive member may at any time resign his or her office by letter addressed to the Minister, and the resignation takes effect on the date of receipt of the letter.

(5) A non-executive member may be removed from office by the Government for stated reasons or if in the opinion of the Government the member has become incapable through ill health or incapacity of effectively performing the duties of the office.

(6) Whenever the number of non-executive members falls below 3, the vacancy or vacancies shall be filled by appointment in accordance with subsection (1).

(7) A non-executive member who is appointed to fill a vacancy holds office for the remainder of the term of office of the replaced member.

(8) The Board may act notwithstanding any such vacancy or any resulting non-compliance with section 33C(4).

(9) A person ceases to be a non-executive member as soon as he or she—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or of the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority.

Function of Board.

33E.— (1) The function of the Board is to 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.

(2) In particular, the Board shall keep under review the adequacy of—

(a) the performance by the Garda Síochána of its functions,

(b) the arrangements and strategies in place to support and enhance that performance,

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

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

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

Provision of information to non-executive members by Garda Commissioner.

33F.— The Garda Commissioner shall make available to the non-executive members of the Board any information which is relevant to the performance of their functions.

Reports to Minister.

33G.— (1) The Board shall furnish to the Minister, at six-monthly intervals, a report on the performance of its function.

(2) The Minister shall cause a copy of the report to be laid before each House of the Oireachtas as soon as may be after its receipt.

Saving.

33H.— The performance by the Board of its function is without prejudice to, and in no way limits, the performance by the Garda Commissioner of his or her functions under section 26 or his or her accountability for the direction, control, management and operational efficiency of the Garda Síochána.”.