Garda S (2005_act_20) | IE

ISB Act 2005-07-10

Schedule 1 Garda S Open official source

SCHEDULE 1 Repeals

SCHEDULE 1

Repeals

Section 4.

(1) Number and Year

(1)

Number and Year

(2) Short Title of Act

(2)

Short Title of Act

(3) Extent of Repeal

(3)

Extent of Repeal

No. 25 of 1924

Garda Síochána Act 1924

Sections 6, 10, 11, 12, 13, 14, 15, 18 and 23

No. 31 of 1924

Dublin Police Act 1924

Section 12

No. 7 of 1925

Police Forces Amalgamation Act 1925

Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15(1), 18, 19, 20 and 21 and the First and Fourth Schedules

No. 32 of 1933

Garda Síochána (Pensions) Act 1933

All provisions

No. 2 of 1972

Garda Síochána Act 1972

All provisions

No. 24 of 1977

Garda Síochána Act 1977

All provisions

No. 29 of 1986

Garda Síochána (Complaints) Act 1986

All provisions

No. 1 of 1989

Garda Síochána Act 1989

All provisions

No. 19 of 2003

Garda Síochána (Police Co-operation) Act 2003

All provisions

ISB Act 2005-07-10

Schedule 2 Garda S Open official source

SCHEDULE 2 Terms and Conditions of Transferred Staff

SCHEDULE 2

Terms and Conditions of Transferred Staff

Sections 19(7) and 72(3).

1. Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred under section 19(7) to the staff of the Garda Síochána or under section 72(3) to become an officer of the Ombudsman Commission shall not, while in the service of the Garda Síochána or the Ombudsman Commission, as the case may be, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which he or she was entitled and the terms and conditions of service to which he or she was subject immediately before the transfer of that person.

2. Until such time as the scale of pay and the terms and conditions of service of a person transferred under section 19(7) or 72(3) are varied by the Garda Commissioner or the Ombudsman Commission, as the case may be, with the agreement of the Minister and the Minister for Finance, following consultation with any recognised trade union or staff association concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before the transfer of that person shall continue to apply to him or her and may be applied or imposed by the Garda Commissioner or the Ombudsman Commission, as the case may be, while he or she is a member of the staff of the Garda Commissioner or an officer of the Ombudsman Commission, as the case may be, and no such variation shall operate to worsen that scale of pay or those terms or conditions of service applicable to such person immediately before the transfer of that person, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

ISB Act 2005-07-10

Schedule 3 Garda S Open official source

SCHEDULE 3 Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-Operation, done at Belfast on 29 April 2002

SCHEDULE 3

Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-Operation, done at Belfast on 29 April 2002

Section 50.

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland

Having regard to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on 10 April 1998 (“the British-Irish Agreement”) and to the Multi-Party Agreement reached at Belfast on 10 April 1998 annexed to the aforesaid Agreement;

Having regard also to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Dublin on 8 March 1999 establishing a British-Irish Intergovernmental Conference;

Considering the report of the Independent Commission on Policing for Northern Ireland published in September 1999 (“the Patten Report”);

Taking into account the progress made within the European Union on improving police co-operation pursuant to the provisions of Title VI of the Treaty on European Union;

Recalling the discussions that took place between the two Governments at Weston Park in July 2001, the measures announced on 1 August 2001 and the Updated Implementation Plan for the Patten Report published in August 2001;

Noting the establishment of the new Policing Board for Northern Ireland;

Have agreed as follows

Article 1

Eligibility to apply for posts

(1) (a) The Government of the United Kingdom of Great Britain and Northern Ireland shall introduce the necessary administrative and legislative measures to enable members of the Garda Síochána to apply for posts at ranks of above Inspector level in the Police Service of Northern Ireland.

(b) When determining the eligibility of a member of the Garda Síochána to apply for such posts in the Police Service of Northern Ireland, appropriate recognition will be given to the rank, experience and qualifications that would be required for an equivalent rank in the Garda Síochána. An eligible applicant will be required to compete in a merit-based selection procedure with all other applicants.

(2) (a) The Government of Ireland shall introduce the necessary administrative and legislative measures to enable members of the Police Service of Northern Ireland to apply for posts at ranks of above Inspector level in the Garda Síochána.

(b) When determining the eligibility of a member of the Police Service of Northern Ireland to apply for a post in the Garda Síochána, appropriate recognition will be given to the rank, experience and qualifications that would be required for an equivalent rank in the Police Service of Northern Ireland. An eligible applicant will be required to compete in a merit-based selection procedure with all other applicants.

Article 2

Secondment with Policing Powers

(1) (a) The Government of the United Kingdom of Great Britain and Northern Ireland shall introduce the necessary administrative and legislative measures to enable members of the Garda Síochána to be seconded to the Police Service of Northern Ireland for periods not exceeding three years.

(b) For the duration of such secondments, the member in question shall have the same powers, duties, rights and obligations, including as appropriate the wearing of the uniform, as an attested member of the Police Service of Northern Ireland. For the duration of the secondment, the member shall not be subject to the direction and control of the Garda Commissioner and shall not exercise police powers within the jurisdiction of the Government of Ireland.

(2) (a) The Government of Ireland shall introduce the necessary administrative and legislative measures to enable members of the Police Service of Northern Ireland to be seconded to the Garda Síochána for periods not exceeding three years.

(b) For the duration of such secondments, the member in question shall have the same powers, duties, rights and obligations, including as appropriate the wearing of the uniform, as an attested member of the Garda Síochána. For the duration of the secondment, the member shall not be subject to the direction and control of the Chief Constable of the Police Service of Northern Ireland and shall not exercise police powers within Northern Ireland.

Article 3

Police Protocols

(1) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, draw up written Protocols between them addressing detailed aspects of co-operation between them, including in particular the issues referred to in Articles 2, 3, 5, 6, 7, 8, 9 and 10 of this Agreement.

(2) Such Protocols shall be signed by the Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland or persons authorised to do so on their behalf. Copies of all such Protocols shall be forwarded to the Minister for Justice, Equality and Law Reform, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.

(3) Such Protocols shall not constitute international agreements and shall not have binding effect on either Government.

Article 4

Annual Conference

An annual conference shall be convened between the Police Service of Northern Ireland and the Garda Síochána. It shall be hosted by each service on an alternating basis and the conference topics shall be decided by mutual arrangement between the two services. The costs of the conference shall be met by the host service and each service shall meet their own travel costs in attending the conference.

Article 5

Personnel Exchanges

(1) A programme shall be introduced to facilitate members of the Police Service of Northern Ireland being placed in the Garda Síochána, and members of the Garda Síochána being placed in the Police Service of Northern Ireland for periods not exceeding one year.

(2) The purpose of these placements will be to further enhance links and to transfer experience and expertise, including in the area of training.

(3) Members of the Garda Síochána will, for the duration of their placement, report to and work with the Police Service of Northern Ireland. However the member placed will remain a full member of the Garda Síochána subject to the overall direction and control of the Garda Commissioner and shall not exercise any police powers in Northern Ireland.

(4) Members of the Police Service of Northern Ireland will, for the duration of their placement, report to and work with the Garda Síochána. However the member placed will remain a full member of the Police Service of Northern Ireland subject to the overall direction and control of the Chief Constable and shall not exercise any police powers in the jurisdiction of the Government of Ireland.

Article 6

Liaison

(1) Officers in both services shall be designated as liaison officers as considered appropriate to enhance co-operation between the Garda Síochána and the Police Service of Northern Ireland.

(2) The Commissioner of the Garda Síochána and the Chief Constable of the Police Service of Northern Ireland shall, in consultation with the respective Governments, explore other methods of enhancing liaison including the possible exchange of liaison officers.

Article 7

Training

The Police Service of Northern Ireland and the Garda Síochána shall enhance structures for co-operation in the area of training.

Article 8

Disaster Planning

The Police Service of Northern Ireland and the Garda Síochána shall, in consultation with other authorities responsible for the emergency services in both jurisdictions, work together in promoting improved joint planning.

Article 9

Joint Investigations

(1) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, make full use of existing arrangements for facilitating joint investigations and additional arrangements that are put in place in the context of European Union developments.

(2) An expert group shall be established by both Governments to review the existing arrangements and to make recommendations on legal and administrative measures that could be taken to facilitate further the operation of joint Police Service of Northern Ireland and Garda Síochána investigations.

Article 10

Communications

(1) The Police Service of Northern Ireland and the Garda Síochána shall review communication links on an ongoing basis with a view to establishing and enhancing fast, effective and reliable communications.

(2) The Police Service of Northern Ireland and the Garda Síochána shall, as appropriate, consult with one another in the context of the procurement and development of their communications and information technology systems, and shall take into account the desirability of achieving greater compatibility between their systems.

Article 11

Relationship with other international agreements

This Agreement shall not affect the rights and obligations of the Parties under other international agreements.

Article 12

Entry into force

Each Government shall notify the other in writing of the completion, so far as it is concerned, of the requirements for entry into force of the Agreement. This Agreement shall enter into force on the date of the receipt of the later of the two notifications.

In witness whereof the undersigned, being duly authorised thereto by the respective Governments, have signed this Agreement.

Done in two originals at Belfast on the Twenty-ninth day of April 2002.

For the Government of Ireland

For the Government of the United Kingdom of Great Britain and Northern Ireland

JOHN O’DONOGHUE

JOHN REID

ISB Act 2005-07-10

Schedule 4 Garda S Open official source

SCHEDULE 4 Appointment to Ombudsman Commission of Person Holding Judicial Office

SCHEDULE 4

Appointment to Ombudsman Commission of Person Holding Judicial Office

Section 65.

If Supreme Court judge or former Supreme Court judge is appointed member of Ombudsman Commission.

1. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) If the person so appointed is a former Chief Justice of the Supreme Court, the proviso to paragraph (a) (inserted by the Courts (No. 2) Act 1997) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former Chief Justice who is appointed to be the President of the Law Reform Commission.

If High Court judge or President or former President of High Court is appointed member of Ombudsman Commission.

2. (1) If a person appointed as the chairperson of the Ombudsman Commission is the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) If the person so appointed is a former President of the High Court, the proviso to paragraph (b) (inserted by the Courts (No. 2) Act 1997) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the High Court who is appointed to be a member of the Law Reform Commission.

(3) If the person so appointed is the President of the High Court, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10(5) of the Courts (Supplemental Provisions) Act 1961.

ISB Act 2005-07-10

Schedule 5 Garda S Open official source

SCHEDULE 5 Breach of Discipline

SCHEDULE 5

Breach of Discipline

Section 82.

1. Discourtesy, that is to say, failing to behave with due courtesy towards a member of the public.

2. Neglect of duty, that is to say, without good and sufficient cause—

(a) failing or neglecting—

(i) properly to account for any money or property received by the member of the Garda Síochána in his or her capacity as a member, or

(ii) promptly to do any thing that it is his or her duty as a member of the Garda Síochána to do,

or

(b) doing anything mentioned in subparagraph (a)(ii) in a negligent manner.

3. Falsehood or prevarication, that is to say, in the capacity of a member of the Garda Síochána—

(a) making or procuring the making of—

(i) any oral or written statement, or

(ii) any entry in an official document or record,

that, to the member’s knowledge, is false or misleading,

or

(b) doing any of the following with a view to deceiving any person

(i) destroying or mutilating any official document or record;

>(ii) altering or erasing or adding to any entry in an official document or record.

4. Abuse of authority, that is to say, oppressive conduct towards a member of the public, including—

(a) without good and sufficient cause, making an arrest, or

(b) using unnecessary violence towards any person with whom the member of the Garda Síochána is brought into contact in the execution, or purported execution, of his or her duty.

5. Corrupt or improper practice, that is to say—

(a) soliciting or receiving as a member of the Garda Síochána and without the consent of the Garda Commissioner any gratuity, present, subscription or testimonial (other than customary collections for such purposes as presentations to members on the occasion of transfer, marriage or retirement),

(b) placing himself or herself as a member of the Garda Síochána under a pecuniary obligation to any person in a manner that might affect the member’s ability to discharge the duty of a member,

(c) improperly using (or attempting to use) his or her position as a member of the Garda Síochána for his or her private advantage, or

(d) failing wilfully and without good and sufficient cause to pay any lawful debt in such circumstances as to be liable to affect his or her ability to discharge the duty of a member or as to be liable to compromise other members.

6. Misuse of money or property in the custody of the Garda Síochána belonging to a member of the public, that is to say, misappropriating, or wilfully or carelessly misusing, losing or damaging, any such money or property.

7. Intoxication, that is to say, owing to the effects of intoxicating liquor or drugs or a combination of liquor and drugs, being unfit for duty either while on duty or while not on duty but wearing a uniform in a public place.

8. Discreditable conduct, that is to say, conducting himself or herself in a manner that the member knows, or ought to know, would be reasonably likely to bring discredit on the Garda Síochána.

9. Accessory to conduct specified in this Schedule, that is to say, conniving at or knowingly being an accessory to such conduct.

Garda S

Statutory Text (5 Articles)

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