POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 (2024_act_1) | IE

ISB Act 2024-02-07

Schedule 1 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 1 Repeals

SCHEDULE 1

Repeals

Section 5

(1) Reference Number

(1)

Reference Number

(2) Number and Year

(2)

Number and Year

(3) Short Title of Act

(3)

Short Title of Act

(4) Extent of Repeal

(4)

Extent of Repeal

1.

No. 24 of 2001

Children Act 2001

Sections 44 and 45

2.

No. 20 of 2005

Garda Síochána Act 2005

All provisions

3.

No. 29 of 2007

Criminal Justice Act 2007

Sections 1(6) and 41

4.

No. 30 of 2014

Freedom of Information Act 2014

Sections 45(10) and (11)

5.

No. 49 of 2015

Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

All provisions

ISB Act 2024-02-07

Schedule 2 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 2 Solemn Declaration by Members

SCHEDULE 2

Solemn Declaration by Members

Section 46

I do solemnly, sincerely and truly declare and affirm that—

I will faithfully discharge the duties of a member of An Garda Síochána with fairness, integrity, diligence and impartiality, in a manner that protects and vindicates human rights, upholding the Constitution and the laws and according equal respect to all people,

while I continue to be a member, I will to the best of my skill and knowledge discharge all my duties according to the law and I will conduct myself in accordance with the code of ethics issued under section 78, and

I do not belong to, and will not while I remain a member form, belong to, or subscribe to, any political party or any secret society whatsoever.

ISB Act 2024-02-07

Schedule 3 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 3 Terms and Conditions of Civilian Staff Who Become Garda Staff

SCHEDULE 3

Terms and Conditions of Civilian Staff Who Become Garda Staff

Section 54(8)

1. Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who under section 54(5) becomes a member of garda staff shall not, while in the service of An Garda Síochána, 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 he or she became a member of garda staff.

2. Until such time as the scale of pay and the terms and conditions of service of a person who became a member of garda staff are varied by the Garda Commissioner with the agreement of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, having consulted 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 person became a member of garda staff shall continue to apply to him or her and may be applied or imposed by the Garda Commissioner while he or she is a member of garda staff 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 person became a member of garda staff, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

ISB Act 2024-02-07

Schedule 4 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 4

Section 91(2)

PART 1 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

PART 1

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

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: JOHN O’DONOGHUE

For the Government of the United Kingdom of Great Britain and Northern Ireland: JOHN REID

PART 2 Amendment to the Agreement Between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Cooperation

PART 2

Amendment to the Agreement Between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Cooperation

Dermot Ahern TD

Department for Justice, Equality and Law Reform

94 St Stephen’s Green Dublin 2

8 April 2010

Dear Dermot

INTERTOVERNMENTAL AGREEMENT ON POLICE CO-OPERATION

I have the honour to refer to the Agreement between our two Governments on Police Co-operation, signed in 2002, following talks at Weston Park.

I further have the honour to refer to recent discussions between our two Governments confirming that the continued operation of the Agreement is an important expression of co-operation between our two Governments, who have introduced the necessary legislation to allow for lateral entry and secondments of police officers between the forces. The Agreement takes account of the framework within which the PSNI and An Garda Síochána might agree operational protocols on subjects specified in the Agreement, viz secondments, exchanges, liaison officers, training, disaster planning, joint investigations, and communications.

Having regard to the above discussions, I have the honour to propose that the Agreement shall be amended as follows

Article 3 Police Protocols

(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 Department of Justice in Northern Ireland, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.

If the foregoing proposals are acceptable to your Government, I have the honour to propose that this letter and your reply to that effect shall be regarded as constituting an Agreement between our two Governments which shall enter into force immediately on the date of your reply.

Yours

The RT Hon Paul Goggins MP

Minister of State for Northern Ireland

RT Hon Paul Goggins MP

Minister of State for Northern Ireland

Castle Buildings

Belfast BT4 3SG

Northern Ireland

Dear Paul

I have the honour to acknowledge your letter of 8 April 2010 which reads as follows

“I have the honour to refer to the Agreement between our two Governments on Police Co-operation, signed in 2002, following talks at Weston Park.

I further have the honour to refer to recent discussions between our two Governments confirming that the continued operation of the Agreement is an important expression of co-operation between our two Governments, who have introduced the necessary legislation to allow for lateral entry and secondments of police officers between the forces. The Agreement takes account of the framework within which the PSNI and An Garda Síochána might agree operational protocols on subjects specified in the Agreement, viz secondments, exchanges, liaison officers, training, disaster planning, joint investigations, and communications.

Having regard to the above discussions, I have the honour to propose that the Agreement shall be amended as follows

Article 3 Police Protocols

(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 Department of Justice in Northern Ireland, the Secretary of State for Northern Ireland and the Northern Ireland Policing Board.

If the foregoing proposals are acceptable to your Government, I have the honour to propose that this letter and your reply to that effect shall be regarded as constituting an Agreement between our two Governments which shall enter into force immediately on the date of your reply.”

In reply, I have the honour to inform you that the foregoing proposals are acceptable to the Government of Ireland, who will regard your letter and this reply as constituting an Agreement between our two Governments which shall enter into force on today’s date.

Dermot Ahern TD

Minister For Justice Equality & Law Reform

19 April 2010

ISB Act 2024-02-07

Schedule 5 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 5 Appointment as Police Ombudsman or Deputy Police Ombudsman of Person Holding Judicial Office

SCHEDULE 5

Appointment as Police Ombudsman or Deputy Police Ombudsman of Person Holding Judicial Office

Section 171(9)

Supreme Court judge or former Supreme Court judge appointed as Police Ombudsman or Deputy Police Ombudsman

1. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman 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) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former Chief Justice of the Supreme Court, the proviso to section 14(1)(a) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former Chief Justice who is appointed to be a Commissioner (within the meaning of that Act).

Court of Appeal judge or former President of Court of Appeal appointed as Police Ombudsman or Deputy Police Ombudsman

2. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, 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 Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former President of the Court of Appeal, the proviso to section 14(1)(aa) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Court of Appeal, he or she may, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D of the Courts (Supplemental Provisions) Act 1961.

High Court judge or President or former President of High Court appointed as Police Ombudsman or Deputy Police Ombudsman

3. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, 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) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former President of the High Court, the proviso to section 14(1)(b) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former President of the High Court who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the High Court, he or she may, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, 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.

Circuit Court judge or President of the Circuit Court appointed as Police Ombudsman or Deputy Police Ombudsman

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

(2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Circuit Court, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, another judge may be appointed to the role of President of the Circuit Court and exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Circuit Court under section 10 of the Courts of Justice Act 1947.

ISB Act 2024-02-07

Schedule 6 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 6 Appointment as Independent Examiner of Person Holding Judicial Office

SCHEDULE 6

Appointment as Independent Examiner of Person Holding Judicial Office

Section 233(8)

Supreme Court judge or former Supreme Court judge appointed as Independent Examiner

1. (1) Where a person appointed as the Independent Examiner 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) Where a person appointed as the Independent Examiner is a former Chief Justice of the Supreme Court, the proviso to section 14(1)(a) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former Chief Justice who is appointed to be a Commissioner (within the meaning of that Act).

Court of Appeal judge or former President of the Court of Appeal appointed as Independent Examiner

2. (1) Where a person appointed as the Independent Examiner is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, 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 Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Independent Examiner is a former President of the Court of Appeal, the proviso to section 14(1)(aa) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Independent Examiner is, when so appointed, the President of the Court of Appeal, he or she may, for so long as he or she continues to be the Independent Examiner, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D of the Courts (Supplemental Provisions) Act 1961.

High Court judge or President or former President of High Court appointed as Independent Examiner

3. (1) Where a person appointed as the Independent Examiner is, when so appointed, 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) Where a person appointed as the Independent Examiner is a former President of the High Court, the proviso to section 14(1)(b) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former President of the High Court who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Independent Examiner is, when so appointed, the President of the High Court, he or she may, for so long as he or she continues to be the Independent Examiner, 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 2024-02-07

Schedule 7 POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024 Open official source

SCHEDULE 7 Regulations and Orders made Under or Continued Under an Enactment Repealed by Section 5 Which are not to be Continued in Force Under this Act

SCHEDULE 7

Regulations and Orders made Under or Continued Under an Enactment Repealed by Section 5 Which are not to be Continued in Force Under this Act

Section 261

(1) Reference Number

(1)

Reference Number

(2) Number and Year

(2)

Number and Year

(3) Title

(3)

Title

(4) Extent of revocation

(4)

Extent of revocation

1.

04/02/1925

Garda Síochána Reward Fund Regulations 1925

Whole of statutory instrument

2.

10/02/1925

Garda Síochána Reward Fund (Administration) Regulations 1925

Whole of statutory instrument

3.

S.I. No. 441 of 1994

Garda Síochána Pay Order 1994

Whole of statutory instrument

4.

S.I. No. 214 of 2007

Garda Síochána (Discipline) Regulations

Whole of statutory instrument other than in so far as it applies to disciplinary proceedings (within the meaning of the statutory instrument) in relation to a member which were commenced but not concluded before the coming into operation of section 261

5.

S.I. No. 640 of 2016

Garda Síochána Act 2005 (Section 52) Regulations 2016

Whole of statutory instrument

6.

S.I. No. 641 of 2016

Garda Síochána Act 2005 (Appointments to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent) Regulations 2016

Whole of statutory instrument

7.

S.I. No. 28 of 2018

Garda Síochána Act 2005 (Retirement) Regulations 2018

Whole of statutory instrument

8.

S.I. No. 287 of 2020

Garda Síochána (Ranks) Regulations 2020

Whole of statutory instrument

POLICING, SECURITY AND COMMUNITY SAFETY ACT 2024

Table of Provisions (7)

Statutory Text (7 Articles)

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