Policing, Security and Community Safety Act 2024

Chapter 4

Functions and duties of Garda Commissioner

Functions of Garda Commissioner

33. (1) Subject to this Act, the Garda Commissioner shall have the following functions:

(a) to ensure that An Garda Síochána carries out its functions;

(b) to direct and control An Garda Síochána;

(c) to carry on, manage and control generally the administration and business of An Garda Síochána, including by—

(i) being responsible for the allocation and deployment of resources available to him or her and determining the manner in which members of garda personnel are to be distributed and stationed throughout the State, and

(ii) arranging for the recruitment, training and appointment of members of garda personnel and the continuing professional development of such members;

(d) to seek to secure the continuous improvement of the policing and security of the State;

(e) to advise the Minister on policing and security matters;

(f) to assist and cooperate with the Authority and the Police Ombudsman in order to facilitate the performance by the Authority and the Police Ombudsman of their functions under this Act;

(g) to perform any other functions that are assigned to him or her by or under this Act or any other enactment.

(2) In performing his or her functions, the Garda Commissioner shall seek to ensure that those functions are carried out with due regard to—

(a) the policing principles,

(b) the objective of promoting effectiveness, efficiency and economy in An Garda Síochána,

(c) the obligations of An Garda Síochána under section 42 of the Irish Human Rights and Equality Commission Act 2014 ,

(d) the policing priorities,

(e) the security priorities,

(f) the strategic plan as laid under section 64 (1),

(g) the annual service plan as laid under section 65 (12) or 66 (10),

(h) the capital plan as laid under section 69 (1),

(i) the allocated resources,

(j) any relevant policies of the Minister or the Government, and

(k) any directive issued to him or her under section 37 (1).

(3) The Garda Commissioner shall, to the extent practicable, ensure that members of garda personnel stationed in a part of a Garda Síochána division that includes a Gaeltacht area are sufficiently competent in the Irish language to enable them to use it with facility in carrying out their duties.

(4) Where the Garda Commissioner made a determination under section 33(1) of the Act of 2005 prior to the repeal of that section by section 5 and which determination is in force immediately before such repeal, the determination shall be deemed to be a determination made by the Garda Commissioner pursuant to the performance of his or her functions under subsection (1)(c)(i).

(5) In this section, “Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 and continued to be such an area under section 7 (1) of the Gaeltacht Act 2012 .