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20 2005

Garda Síochána Act 2005

Chapter 3

Roles of Minister and Garda Commissioner

Setting of priorities by Minister.

20. —(1) The Minister may—

(a) determine, and from time to time revise, priorities for the Garda Síochána in performing its functions under section 7 , 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.

(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 priorities and any revisions to those priorities or performance targets.

(3) As soon as practicable after determining or revising priorities and after establishing or revising performance targets, the Minister shall cause a copy of the priorities, revisions or performance targets, as the case may be, to be laid before each House of the Oireachtas.

(4) 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 or, if no such time is specified, in the annual report.

Strategy statement.

21. —(1) Every 3 years or as directed under subsection (6), the Garda Commissioner shall submit to the Minister for his or her approval a strategy statement for the Garda Síochána and for the policing of the State for the following 3 years.

(2) The strategy statement must be prepared in such form and manner as the Minister may direct and 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;

(b) the priorities determined by the Minister under section 20 ;

(c) the resources expected to be available to the Garda Síochána for the period to which the statement relates, and

(d) the need to ensure the most beneficial, effective and efficient use of those resources.

(4) The Minister shall approve the strategy statement—

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

(b) with such amendments as the Minister, after consulting with the Garda Commissioner, may determine.

(5) As soon as practicable after approving the strategy statement, the Minister shall cause a copy of it to be laid before each House of the Oireachtas.

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

Annual policing plan.

22. —(1) The Garda Commissioner shall each year prepare a policing plan setting out the proposed arrangements for the policing of the State for the following year, including any proposal to—

(a) establish or dissolve a national unit of the Garda Síochána,

(b) alter the boundaries of a regional geographical area under the control of an Assistant Garda Commissioner or of a divisional geographical area under the control of a chief superintendent,

(c) establish or relocate a divisional headquarters under the control of a Chief Superintendent or of a district headquarters under the control of a superintendent, or

(d) open a Garda Síochána station in a new location or cease stationing members in an existing station.

(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 Government policy.

(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 the Minister for approval a draft of the policing plan for the following year.

(5) The Minister shall approve the policing plan—

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

(b) with such amendments as the Minister, after consulting with the Garda Commissioner, may determine.

(6) As soon as practicable after approving the policing plan, the Minister shall cause a copy of it to be laid before each House of the Oireachtas.

Three year review report.

23. —(1) At the end of each 3 year period, the Garda Commissioner shall submit to the Minister 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 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 after receiving the report, 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.

Professional Standards Unit.

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 the Minister on the activities of the Professional Standards Unit in the preceding year.

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.

(2) The Garda Commissioner shall, in performing the functions of that office, comply with any directive issued 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.

Functions of Garda Commissioner.

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;

(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 under section 20 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 ;

(f) any directive issued under section 25 .

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

Arrangements for obtaining views of public.

27. —(1) The Garda Commissioner shall make arrangements for obtaining the views of the public about matters concerning policing and the state of crime.

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

(a) as proposed, or

(b) with such revisions as the Minister, after consulting with the Commissioner, may determine.

Power to enter into agreements with other law enforcement agencies.

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.

Powers relating to contracts, bank accounts, etc.

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.

Provision of police services for certain events, etc.

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.

Delegation of Garda Commissioner's functions.

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.

Exercise of functions in Garda Commissioner's absence.

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.

(2) In the absence of a Deputy Garda Commissioner, the Minister may authorise an Assistant Garda Commissioner to perform the functions of the Garda Commissioner during any absence or other circumstance described in paragraph (a) or (b) of subsection (1).

Distribution of Garda Síochána.

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 .