Policing, Security and Community Safety Act 2024
|
Chapter 3 Garda Commissioner and Deputy Garda Commissioner | ||
|
Appointment of Garda Commissioner | ||
|
26. (1) Subject to this section, the appointment of a person as the Garda Commissioner shall be made by the Government. | ||
(2) The Minister shall invite the Service to undertake a selection competition for the purpose of identifying and recommending to the Government a person for appointment as the Garda Commissioner. | ||
(3) Prior to inviting the Service to undertake a selection competition under subsection (2), the Minister shall consult with— | ||
(a) the Board, and | ||
(b) the Authority, | ||
with regard to the criteria relating to knowledge, ability and suitability for appointment as the Garda Commissioner (in this section referred to as the “selection criteria”) and the recruitment process for such appointment. | ||
(4) The Minister shall agree with the Service the selection criteria and the recruitment process that are to apply to a selection competition under this section, having regard to the views of the Board and the Authority obtained pursuant to subsection (3). | ||
(5) A person shall not be recommended by the Service under this section unless the Service is satisfied that the person is suitable for appointment as the Garda Commissioner by reason of his or her possessing such relevant experience, qualifications, training and expertise as are appropriate having regard, in particular, to the functions of the Garda Commissioner under this Act. | ||
(6) The appointment of a person as the Garda Commissioner shall be for a period— | ||
(a) of 5 years, or | ||
(b) ending on the date on which the person shall retire from the office of Garda Commissioner in accordance with any regulations made under section 254 , | ||
whichever is the lesser period. | ||
(7) Notwithstanding subsection (6), the Government may, having consulted with the Board and the Authority, extend the term of office of a Garda Commissioner for a further period— | ||
(a) not exceeding 2 years, or | ||
(b) ending on the date on which the person shall retire from such office in accordance with any regulations made under section 254 , | ||
whichever is the lesser period. | ||
(8) Subject to subsection (9), a person appointed as the Garda Commissioner shall hold office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. | ||
(9) The person who, on the coming into operation of this section, holds the office of Garda Commissioner, shall be deemed to have been appointed under this section and shall continue in office in accordance with— | ||
(a) this Act, | ||
(b) the regulations, and | ||
(c) to the extent to which the terms and conditions of his or her appointment under the Act of 2005 are not inconsistent with this Act or the regulations, those terms and conditions. |