Policing, Security and Community Safety Act 2024

Security services

3. (1) In this Act, other than in Part 7 , “security services”, subject to subsection (2), means the services provided by An Garda Síochána in the performance of the functions referred to in section 9 that are for the purposes of—

(a) protecting the security of the State, including, but not limited to, the following:

(i) preventing, detecting and investigating offences under the Offences against the State Acts 1939 to 1998, the Criminal Law Act 1976 , the Criminal Justice (Terrorist Offences) Act 2005 and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ;

(ii) protecting the State from—

(I) espionage,

(II) sabotage,

(III) unlawful acts that subvert or undermine, or are intended to subvert or undermine, parliamentary democracy or the institutions of the State,

(IV) acts of foreign interference that are, or are intended to be, detrimental to the interests of the State and are clandestine or deceptive or involve a threat to any person, and

(V) acts contrary to the economic well-being of the State where such acts have an impact on national security interests,

whether directed from, or committed or intended to be committed within, the State or not,

(b) identifying foreign capabilities, intentions or activities within or relating to the State that have an impact on the international well-being or economic well-being of the State, and

(c) cooperating with authorities in other states and international organisations aimed at preserving international peace, public order and security.

(2) The reference in subsection (1) to the provision of security services by An Garda Síochána for the purposes of protecting the security of the State does not include the provision of such services in response to lawful advocacy, protest or dissent by any person.

(3) Where a question or dispute arises as to whether a particular matter relates to policing services or security services, the question or dispute shall be submitted to the Minister for determination.

(4) The determination by the Minister of the question or dispute referred to him or her under subsection (3) shall be final.