Policing, Security and Community Safety Act 2024

Appointment of Deputy Garda Commissioner

27. (1) Subject to this section, the appointment of a person to the rank of Deputy 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 to the rank of Deputy 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 to the rank of Deputy 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 in accordance with 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 to the rank of Deputy 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 that may be assigned to a member of that rank.

(6) Subject to subsection (7), a person appointed to the rank of Deputy Garda Commissioner holds 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.

(7) A person who, on the coming into operation of this section, holds the rank of Deputy 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.